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10-06-21 Agenda Packet
CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY WEDNESDAY, OCTOBER 6, 2021 7:00 PM – OPEN SESSION CLOSED SESSION- IMMEDIATELY FOLLOWING THE OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record by emailing publiccomments@sbcity.org or http://sbcity.tiny.us/comments by 4:00 p.m.. It will not be read aloud. o Verbal Public Comments will be in person o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español para el asunto No. 7 en la agenda, comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link (https://sbcity.tiny.us/100621agendabackup) o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/1/2021 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez Mayor Pro-Tem, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor John Valdivia City Manager Robert D. Field City Attorney Sonia Carvalho City Clerk Genoveva Rocha 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES PRESENTATIONS 1. California Clean Air Day Proclamation (All Wards) 2. Domestic Violence Awareness Month (All Wards) PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 3. General Plan Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Raafi A. Bell as a voting member to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Mr. Bell will replace Daniel Peeden with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/1/2021 4. Elected Official Compensation Advisory Board Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernard ino, California, approve the appointment of Mr. Steven L. Filson to the Elected Official Compensation Advisory Board representing Ward 4 with the term ending December 2022. Mr. Filson will replace John Hall with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. DISCUSSION 5. Violence Intervention Program Manager (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file and update report on the Violence Intervention Program (VIP); and 2. Review and provide staff direction regarding an amendment to the Adopted Fiscal Year 2021/22 Operating Budget increasing funding for supportive VIP services as requested by members of the City Council for consideration. 6. Request to Amend Commercial Cannabis Business Permits CCB 18 -0006 (SB Pharma-2015 S. Diners Ct) & 18-0033 (JIVA SBC, LLC-494 W. Orange Show Rd.) to Provide a Change in Location and 18-0037 (Accessible Options-151 S. E St.) & 18-0041 (225 E. Airport Dr.) to Provide a Change in Ownership (Wards 1 & 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Approve the Commercial Cannabis Business Permit (CCB) 21-0002, Change of Location for JIVA SBD, LLC (dba Cookies San Bernardino) from 494 W. Orange Show Road, Suite D to 494 W. Orange Show Road, Suites A, D and E; 2. Approve the Commercial Cannabis Business Permit (CCB) 21-0004, Change of Location for SB Pharma Holdings from 2015 S. Diners Ct. to 1975 S. Diners Ct; 3. Approve the Commercial Cannabis Business Permit (CCB) 21-0001, Change of Ownership for PTRE Management; and 4. Approve the Commercial Cannabis Business Permit (CCB) 21-0003, Change of Ownership for Accessible Options. Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/1/2021 PUBLIC HEARINGS 7. Public Hearing on Summary of Redistricting Law, Criteria, 2020 Census, and Process (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardi no, California take the following actions: 1. Receive and file the staff report and presentation; 2. Conduct a Public Hearing to obtain public input and provide direction on the criteria to be considered while drafting district maps including identifying communities of interest; and 3. Authorize staff to conduct a portion of the twenty-one public input workshops virtually 8. Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the submission of the Fiscal Year 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. CONSENT CALENDAR 9. Remote Public Comments (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report outlining the remote option to provide public comments. 10. Smart City Technology (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on Smart City Technology. 11. Investment Portfolio Report for August 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for August 2021. 12. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2021. Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/1/2021 13. Senior Services Trust Account Transfer - Fiscal Year 2021/22 (All Wards) Recommendation Adopt Resolution No. 2021-240 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Finance Director to allocate unappropriated senior services trust account revenue (donations/fundraising) to the Parks, Recreation and Community Services Department General Fund expenditure accounts for Senior Services in the amount of $2,596.74. 14. Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) Recommendation Adopt Resolution No. 2021-241 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the City Manager to execute Contract Change Order (CCO) #1 for Project No. 8776 with TSR Construction and Inspection, in the amount of $149,713, for a full contract not-to-exceed amount of $356,502; and 2. Authorizing the Director of Finance to create a budget amendment allocating $56,288.57 from the San Manuel Band of Mission Indians Grant (Account No. 123-230-8821-5504) and $93,424.43 from CDBG-CV3) to project account (124- 160-8776-5504); and 3. Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. 15. Purchase Order for Caterpillar Backhoe Loader (All Wards) Recommendation Adopt Resolution No. 2021-242 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new Caterpillar model 420 backhoe loader from Quinn Company in the amount of $139,092.86. 16. Resolution to Approve Agreements with Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs to Provide As-Needed, On-Call, Architectural Services (All Wards) Recommendation Adopt Resolution No. 2021-243 of the Mayor and City Council of the City of San Bernardino, California, approving Agreements with Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs in an amount not-to-exceed $500,000 for each consultant to provide as-needed, on-call, architectural services for various Capital Improvement Program (CIP) construction and modernization projects. Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/1/2021 17. Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of H Street. 18. Award of a Professional Service Agreement in the Amount of $177,999.64 for the Preparation of the Local Roadway Safety Plan (LRSP) with KOA Corporation (All Wards) Recommendation Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San Bernardino, California, approving the Award of a Professional Service Agreement in the amount of $177,999.64 for the preparation of the Local Roadway Safety Plan (LRSP) with KOA Co. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 19. An Item Directing Staff to Begin Looking into Forming a City -Wide Tenants’ Bill of Rights that Would Ensure Language Access, Require Advance Notification Greater Than Current Standards, and Apply Current Mobile Home Park Rent Increase Standards to All Rental Units; the Revised Standards Would Become an Update to the City’s Municipal Code (All Wards) REPORTS ON CONFERENCES/MEETINGS ATTENDED CLOSED SESSION (A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential - Management Association, San Bernardino Police Dispatchers Association (HR) CLOSED SESSION PUBLIC COMMENT CLOSED SESSION REPORT ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 20, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/1/2021 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 6, 2021 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, October 1, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda October 6, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/1/2021 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and Ci ty Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Cit y Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. Howe ver, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Presentation City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: California Clean Air Day Proclamation (All Wards) 1 Packet Pg. 9 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING OCTOBER 6, 2021 AS “CALIFORNIA CLEAN AIR DAY” IN THE CITY OF SAN BERNARDINO WHEREAS, Air pollution contributes to higher rates of cancer and heart and lung diseases, which adversely affect health. California has some of the worst air quality in the United States; and WHEREAS, it is vital that we protect the health and well-being of our residents, visitors, and workforce. Emissions from vehicles, industry, and even household sources significantly affects the natural environment, air quality and well-being of residents; and WHEREAS, individual actions such as not idling vehicles, walking or biking to work and school, carpooling, and conserving energy can directly improve air quality in our region. County employees, vendors and elected officials have tremendous power to help lower emissions; and WHEREAS, pledges by individuals have shown to result in action. Education about air quality can raise community awareness, encourage our community to develop better habits, and improve our community health; and WHEREAS, Californians will be joining together across the state to clear the air on October 6, 2021. The City of San Bernardino is committed to the health of our residents, workforce, visitors, and community at large. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council of the City of San Bernardino, do hereby proclaim October 6, 2021 as “CALIFORNIA CLEAN AIR DAY” Dated this 6th Day of October 2021 AND BE IT FURTHER RESOLVED, that our departments ask their employees to take the clean air pledge for California Clean Air Day and that we encourage all residents, businesses, employees, and community members to participate in California Clean Air Day and help clear the air for all. 1.a Packet Pg. 10 Attachment: ATTACHMENT 1 - CALIFORNIA CLEAN AIR DAY PROCLAMATION (8547 : California Clean Air Day Proclamation (All Wards)) Page 1 Presentation City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Domestic Violence Awareness Month (All Wards) 2 Packet Pg. 11 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING OCTOBER 2021 AS “DOMESTIC VIOLENCE AWARENESS MONTH” IN THE CITY OF SAN BERNARDINO WHEREAS, the City of San Bernardino, CA, in recognizes the important work done by survivors, domestic violence programs and victim service providers; and WHEREAS, in just one day, across the U.S. and its territories, nearly 75,000 victims of domestic violence sought services from domestic violence program s and shelters. That same day, more than 9,000 requests for services, including emergency shelter, housing, transportation, childcare, and legal representation, could not be provided because programs lacked the resources to meet victims’ needs; and WHEREAS, the impact of domestic violence is wide ranging, directly affecting individuals and society as a whole, here in this community, throughout the United States and the world; and WHEREAS, racism, homophobia, transphobia, ageism and discrimination ba sed on physical ability, nationality or other factors help to perpetuate domestic violence and make finding safety even more difficult for some victims. The need for safe house continues to be rated as survivors’ most urgent need; and WHEREAS, the City of San Bernardino joins with others across California and the nation in supporting victims of domestic violence, as well as local programs, state coalitions, national organizations, and other agencies nationwide who are committed to increasing public awareness of domestic violence and sending a clear message to abusers that domestic violence is not tolerated in San Bernardino . NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council of the City of San Bernardino, do hereby proclaim October 2021 as “DOMESTIC VIOLENCE AWARENESS MONTH” Dated this 6th Day of October 2021 AND BE IT FURTHER RESOLVED, that we urge all citizens to actively participate in the scheduled activities and programs sponsored by Option House, Inc., and other community organizations to work toward the elimination of intimate partner violence . 2.a Packet Pg. 12 Attachment: ATTACHMENT 1 - Domestic Violence Awareness Month Proclamation (8559 : Domestic Violence Awareness Month (All Wards)) Page 1 Appointment City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: General Plan Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Raafi A. Bell as a voting member to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Mr. Bell will replace Daniel Peeden with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -102 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution 2021-154. Discussion The General Plan Advisory Committee (GPAC) is an advisory committee established by the Mayor and City Council to assist with the update of the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate membe r. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. 3 Packet Pg. 13 8567 Page 2 Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Raafi A. Bell as a voting member to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission application - Mr. Raafi A. Bell Attachment 2 Resolution No. 2021-154 Ward: 6 Synopsis of Previous Council Action: January 20, 2021 Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. June 16, 2021 Resolution No. 2021-02 was repealed and replaced with Resolution No. 2021-154 changing the number of members for the General Plan Advisory Committee and identifying voting and alternate appointees. 3 Packet Pg. 14 3.a Packet Pg. 15 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 16 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 17 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 18 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 19 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 20 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 21 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 22 Attachment: Attachment 1 - MCC.Commission Application - Raafi A. Bell (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.b Packet Pg. 23 Attachment: Attachment 2 - Resolution No. 2021-154 (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.b Packet Pg. 24 Attachment: Attachment 2 - Resolution No. 2021-154 (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.b Packet Pg. 25 Attachment: Attachment 2 - Resolution No. 2021-154 (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.b Packet Pg. 26 Attachment: Attachment 2 - Resolution No. 2021-154 (8567 : General Plan Advisory Committee Appointment (Ward 6)) 3.b Packet Pg. 27 Attachment: Attachment 2 - Resolution No. 2021-154 (8567 : General Plan Advisory Committee Appointment (Ward 6)) Page 1 Appointment City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member, Ward 4 Subject: Elected Official Compensation Advisory Board Appointment (Ward 4) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Steven L. Filson to the Elected Official Compensation Advisory Board representing Ward 4 with the term ending December 2022. Mr. Filson will replace John Hall with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Background Section 305 of the City Charter provides that the Compensation for th e Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code Chapter 2.19 which establishes the Elected Official Compensation Advisory Commission and provides that the Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. 4 Packet Pg. 28 8572 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Steven L. Filson to the Elected Official Compensation Advisory Board representing Ward 4 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Steven L. Filson Attachment 2 Ordinance MC-1463 Ward: 4 4 Packet Pg. 29 4.a Packet Pg. 30 Attachment: Attachment 1 - MCC.Commission Application - Steven L. Filson (8572 : Elected Official Compensation Advisory Board 4.a Packet Pg. 31 Attachment: Attachment 1 - MCC.Commission Application - Steven L. Filson (8572 : Elected Official Compensation Advisory Board 4.a Packet Pg. 32 Attachment: Attachment 1 - MCC.Commission Application - Steven L. Filson (8572 : Elected Official Compensation Advisory Board 4.b Packet Pg. 33 Attachment: Attachment 2 - Ordinance No. MC-1463 (8572 : Elected Official Compensation Advisory Board Appointment (Ward 4)) 4.b Packet Pg. 34 Attachment: Attachment 2 - Ordinance No. MC-1463 (8572 : Elected Official Compensation Advisory Board Appointment (Ward 4)) 4.b Packet Pg. 35 Attachment: Attachment 2 - Ordinance No. MC-1463 (8572 : Elected Official Compensation Advisory Board Appointment (Ward 4)) 4.b Packet Pg. 36 Attachment: Attachment 2 - Ordinance No. MC-1463 (8572 : Elected Official Compensation Advisory Board Appointment (Ward 4)) Page 1 Discussion City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Violence Intervention Program Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and file and update report on the Violence Intervention Program (VIP); and 2. Review and provide staff direction regarding an amendment to the Adopted Fiscal Year 2021/22 Operating Budget increasing funding for supportive VIP services as requested by members of the City Council for consideration. Background The City’s comprehensive plan stems from the United States Department of Justice, Office of Juvenile Justice & Delinquency Prevention Comprehensive Violence Reduction Strategy. At its core it is rooted in Public Health research which found that there are ten (10) root conditions that cause and drive community violence, four (4) elements to treat root conditions, and four (4) guiding principles to create and sustain a comprehensive violence reduction strategy. The Ten Root Conditions 1. Normalization of Violence. 2. Inadequate government coordination & accountability. 3. Shortage of economic investment, workforce development, and family economic success. 4. Limited access to quality health & mental health care services. 5. Shortage of comprehensive primary prevention infrastructure. 6. Early academic failure & lack of school attachment. 5 Packet Pg. 37 8566 Page 2 7. Lack of community cohesion to improve public safety. 8. Family isolation & lack of access to support structures. 9. Lack of effective re-entry strategies & transitional service support. 10. Shortage of community policing strategies that build public trust. The Elements 1. Primary Prevention Infrastructure 2. Intervention 3. Law Enforcement 4. Reentry & Transitional Services Guiding Principles Community-Based & Culturally Competent Service Delivery to families in high poverty, high violence areas. These families are often isolated from a support infrastructure due to the lack of accessibility and availability of such services. Any initiative must be community based, honor the existing leadership and assets of the community, and must deliver culturally competent services. VIP direct service providers will select from existing community leadership. Data Driven Policy Making within high crime and low crime communities across the City. Government efficacy is often impeded by a lack of data driven decision-making, data- sharing policies, and utilization of sound evaluation methods. Police department crime analysis will generate data that will be used to direct law enforcement and service providers. Built-in Accountability Initiatives without accountability measures fail. Any initiative must have built-in accountability measures that will ensure the initiative is regularly evaluated and consistently effective. VIP will hold weekly and quarterly performance reviews. Working with a local evaluator VIP will ensure program is continuously evolving and refining its strategy. Equitable Distribution of Resources, governments must concentrate its violence reduction resources to the highest need communities and provide a balanced investment that builds prevention, intervention, and targeted suppression in communities. To sustain the violence reduction efforts, VIP requires a committed and sustained City investment. Summary 5 Packet Pg. 38 8566 Page 3 The City’s Violence Reduction Strategy is a multi-prong approach and includes the following system partners. · Community-based intervention services provided by HOPE Culture and Young Visionaries · Hospital-based Intervention at Loma Linda Hospital · School-based Intervention occurs on an as needed basis, whereas school provide youth referrals · Law enforcement referral partners in the region The Violence Intervention Program’s Goals & Objectives will be reported on a monthly or quarterly basis: · Reduce gang-related gun violence by 5% · Reduce recidivism among program participants by 15% · Convene 50 service coordination meetings · Convene 2 sit-downs per year with the highest risk individuals · Carry out 1 custom notification per week · Weekly home visits to gun violence victims · Implement 4 structured proactive peace keeping events per year · Provide supportive services to 150 individuals per year The Program’s Violence Intervention & Prevention Services · Crisis Response & Rumor Control · Conflict Mediation & Resolution · Proactive Community Engagement Activities · Custom Notifications · Customized Case Management Plans · Mentoring & Connections Pro-social Activities & Resources · Connections to Educational & Workforce Development Violence Intervention Program Update Grant Goal 1: Reduce gang related homicides and shootings by 5% annually. Status: Year to date comparisons indicated the City has experience a 10% reduction in gang related homicides and a 17% reduction in gang related shootings. Grant Goal 2: Reduce recidivism among program participants by 15% over the course of the grant. Status: The program has enrolled and provided supportive services to 118 medium to high risk participants. The program received 150 individual referrals and 118 were linked to services. As of September 21, 2021: 80% of program participants remain arrest free and have not been re-victimized. The other 20% of program participants could not be reached or found. Performance Matrix 5 Packet Pg. 39 8566 Page 4 Convene 50 service coordination meetings The program has convened 30 service coordination meetings and is on track to meet the 50 service coordination meetings for the year. Convene 2 sit-downs per year with the highest risk individuals The program has completed one custom sit-down and is in the planning phase of scheduling the second. Carry out 1 custom notification per week The program has completed 54 custom notifications to date. Implement 4 structured proactive peace keeping events per year The program has completed 10 proactive peace keeping activities such as 6 food banks, 4 peace marches and vigils. Provide supportive services to 150 individuals per year Program has provided services to 118 individuals. Home Visits While the City experiences a variety of homicides-gun, knives, group/gang, blunt force trauma, domestic & family violence, robbery homicide, drug-related homicides etc.-it is critical to understand the Violence Intervention Program responds to homicides and shooting that are known gang/group related as an effort to disrupt the cycle of retaliatory violence. The program does not respond to all homicides nor is the program notified of every homicide that occurs in the City. July 1, 2020 - September 21, 2021 95 Homicides & 144 New Home Visits 847 Aggravated Assaults with a firearm/gun February 4, 2019 - June 30, 2020 73 Homicides & 163 New Home Visits 946 Aggravated Assaults with a firearm/gun Discussion The Mayor and City Council requested a detailed itemized budget for the amount requested: $100,000 - $250,000. Item Description Cost Description Cost Program staff 1.5 Full time Equivalent (FTE). Staff will provide intervention case management services. $56,678 4.5 FTE Staff will provide intervention & prevention case management services. $154,400 Payroll Agency cost associated $3,600 Agency cost $8,200 5 Packet Pg. 40 8566 Page 5 processing and employer liabilities with paying staff associated with paying staff Facility & Utilities Cost associated with new location/sublease $6,000 Cost associated with two new locations $20,000 Equipment & Supplies Cost associated with staff equipment to perform the work. Office furniture, laptops, phone, and office supplies $8,200 Cost associated with staff equipment to perform the work. Office furniture, laptops, phone, and office supplies $16,400 Community Engagement Cost associated with organized community events, pop-ups custom notifications, and resource fairs. $10,000 Cost associated with organized community events, pop-ups custom notifications, and resource fairs. $20,000 Participant Related Cost Cost associated with clients’ needs such as anger management classes, parenting classes, work ready documents, transportation, relocation etc. $9,493.76 Cost associated with clients’ needs such as anger management classes, parenting classes, work ready documents, transportation, relocation etc. $18,000 Admin. Indirect Cost Cost associated with administering the program. $6,027.84 Cost associated with administering the program. $13,000 Total $100,000 $250,000 Estimated Performance Deliverables $100,000 • Deliver services such as customized case management plans, mentoring & connections to pro-social activities & resources 5 Packet Pg. 41 8566 Page 6 connections to educational & workforce development to 25 additional individuals • Secure an additional service location • Implement 2 additional proactive community engagement activities • Implement 1 additional sit-down • Implement 1 additional custom notification & follow up home visits weekly • Provide 25 additional home visits monthly • Reduce recidivism by an additional 5% • Increase crisis response & rumor control and conflict mediation & resolution services by 5% $250,000 • Deliver services such as customized case management plans, mentoring & connections to pro-social activities & resources connections to educational & workforce development to 50 additional individuals • Secure 2 additional service locations • Implement 4 additional proactive community engagement activities • Implement 2 additional sit-downs • Implement 2 additional custom notifications & follow-up home visits weekly • Provide 50 additional home visits monthly • Reduce recidivism by an additional 10% • Increase crisis response & rumor control and conflict mediation & resolution services by 10% 2020-2025 Key Strategic Targets and Goals An increase in funding for the Community Intervention Program aligns with Key Target No. 3: Improved Quality of Life. Having additional hybrid professional Street Outreach 5 Packet Pg. 42 8566 Page 7 Workers and Case Managers increases the program’s ability to reach residents impacted by violence. Fiscal Impact If additional funding ranging from $150,000 to $250,000 is allocated to the Violence Intervention Program the FY 2021/22 Operating Budget will be amended to allocate the identified level of funding. Conclusion It is recommended that the Mayor and City Council of the City o f San Bernardino, California: 1. Receive and file and update report on the Violence Intervention Program (VIP); and 2. Review and provide staff direction regarding an amendment to the Adopted Fiscal Year 2021/22 Operating Budget increasing funding for su pportive VIP services as requested by members of the City Council for consideration. Attachments None Ward: All Synopsis of Previous Council Actions: February 21, 2018 The Mayor and City Council adopted Resolution No. 2018 -39, authorizing the City Manager to receive and administer Board of State & Community Correction grant funds. December 5, 2018 The Mayor and City Council approved community intervention professional service agreements. January 15, 2020 The Mayor and City Council adopted Resolution No. 2020-03 authorizing the City Manager to prepare and submit funding proposal. June 2, 2020 The Mayor and City Council approved first amendments to community intervention program contractors. October 21, 2020 The Mayor and City Council adopted Resolution No. 2020-251 authorizing the City Manager to receive and administer Board of State & Community Correction grant funds. The Mayor and City Council also adopted resolution no. 2020-252 approving second budget amendments to community intervention professional service agreements. 5 Packet Pg. 43 Page 1 Discussion City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Approve the Commercial Cannabis Business Permit (CCB) 21-0002, Change of Location for JIVA SBD, LLC (dba Cookies San Bernardino) from 494 W. Orange Show Road, Suite D to 494 W. Orange Show Road, Suites A, D and E; 2. Approve the Commercial Cannabis Business Permit (CCB) 21-0004, Change of Location for SB Pharma Holdings from 2015 S. Diners Ct. to 1975 S. Diners Ct; 3. Approve the Commercial Cannabis Business Permit (CCB) 21-0001, Change of Ownership for PTRE Management; and 4. Approve the Commercial Cannabis Business Permit (CCB) 21-0003, Change of Ownership for Accessible Options. Background On February 21, 2019, Mayor and City Council awarded sixteen (16) Commercial Cannabis Business (CCB) Permits. Since the approval of the permits, several of the businesses, including JIVA SBD, LLC, PTRE Management and Accessible Options, are seeking to either change the business address or ownership configuration. Other applicants that were not awarded a permit as part of the original 16, including SB Pharma Holdings, were placed on an eligibility list for future consideration. Section 5.10.200(g) of the City of San Bernardino Municipal Code provides that “the location specified in the commercial cannabis business permit may not change without an amendment to the permit, processed in the sam e manner as an initial permit….” Accordingly, a permit holder is required to apply for an amendment to its CCB permit through the processes set out by Section 5.10.090 (Initial Permit Procedures) in order to change the location specified in that permit. 6 Packet Pg. 44 8569 Page 2 Section 5.10.200(c) of the City of San Bernardino Municipal Code provides that “changes in ownership of a permittee business structure or a substantial change in ownership of a permittee business entity (changes that result in a change of more than 51% of the original ownership) must be approved by the City Manager or designee through the transfer process contained in subsection (a).” A permit holder is also required to apply for an amendment to its CCB permit when there are defined changes in structure or ownership. Furthermore, as required by Section 5.10.180(c) of the City of San Bernardino Municipal Code, a Notice of Public Hearing shall be sent to all property owners located within a 600 foot radius of the proposed business location. In addition, as req uired by Section 5.10.180(i), the applicants have paid all fees as outlined in the Cannabis Fee Schedule. Applicant Backgrounds & Discussions JIVA SBD, LLC - Change in Location On March 19, 2021, JIVA SBD submitted a request for a Zoning Verification Let ter (“ZVL”) for the property located at 494 West Orange Show Road, Suites A, D and E. On March 29, 2021, the applicant was issued an Approved ZVL (ZVL 21 -0004) for 494 West Orange Show Road, Suites A, D and E (Attachment 1). Subsequently, on July 21, 2021, JIVA SBD, LLC, also known as Cookies, as the permit holder, submitted an application, CCB application 21-0002, (Attachment 2), in order to amend the location, from 494 West Orange Show Road, Suite D to 494 West Orange Show Road, Suites A, D and E, pursuant to the process and fees set forth in Section 5.10.090, as required by Section 5.10.200(g). JIVA SBD has been open and in operation since September 23, 2020. They have been a successful Cannabis Retail Business and have shown interest in expanding their business to include a larger cannabis retail footprint and additional space for non - cannabis branded merchandise and internal storage, which is the basis for their request to change locations. It should be noted that the applicant has made improvements to the existing commercial shopping center, where it currently operates, prior to and since the opening of the business. The improvements include new wrought iron fencing along the south perimeter in order to increase security, minor tenant improvements to the vacant suites (A and E) and new exterior paint to the eastside of the building. With regard to the exterior paint color on the west facing building elevation, it should be noted that staff has received community complaints about the exterior buildin g color (i.e., bright blue with white trim) housing Cookies. Although this is the applicant’s preferred color scheme, staff has communicated the community’s concerns and is currently working with the applicant on alternate colors. The applicant has been w illing and open to working with the City and has voluntarily provided an alternative color and color scheme that will satisfy the City, while maintaining the business’ branding and individual character. Tentative renderings have been provided and staff wil l continue to 6 Packet Pg. 45 8569 Page 3 work with the business (Attachment 3). Ultimately, the intent of the applicant is to expand the existing business by combining Suites A, D and E to be a larger suite, to be identified as Suite A only. Staff has reviewed the “Change in Location” request and the ZVL Application and determined that it meets all requirements set forth in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Staff is recommending approval of the applicant’s request to the Mayor and City Council for its final determination, pursuant to Section 5.10.090. SB Pharma Holdings - Change in Location On September 2, 2020, the Mayor and City Council adopted Ordinance No. MC -1541, which increased the maximum number of CCB Permits authorized within the City pursuant to Section 5.0.080 of the San Bernardino Municipal Code. On June 28, 2021, SB Pharma was sent an Invitation to Respond as part of the City’s efforts to fill the remaining Retail Licenses. On July 9, 2021, SB Pharma submitted their official response and required documentation. Staff reviewed the submittal and determined that the applicant had met all requirements of Chapter 5.10 (Commercial Cannabis Activities) and were awarded a CCB Permit on August 25, 2021. On August 30, 2021, SB Pharma submitted a request for a ZVL for the property located at 1975 South Diners Ct. Subsequently, on August 31, 2021, SB Pharma, as the permit holder, submitted an application (CCB21-0004) in order to amend the location, from 2015 South Diners Ct. to 1975 South Diners Ct., pursuant to the process and fees set forth in Section 5.10.090, as required by Section 5.10.200(g). Staff has reviewed the “Change in Location” request and the ZVL Application and determined that it meets all requirements set forth in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Staff is recommending approval of the applicant’s request to the Mayor and City Council for its final determination, pursuant to Section 5.10.090. PTRE Management - Change in Ownership On January 14, 2021, PTRE Management submitted formal notification to the City of San Bernardino regarding a “Change in Ownership.” On February 23, 2021, the City denied the request due to not meeting the parameters outlined in Section 5.10.200(c). Subsequently, on May 27, 2021, PTRE Management, as the permit holder, submitted an application (CCB21-0001) in order to amend the CCB permit through the transfer process pursuant to the process and fees set forth in Secti on 5.10.090, as required by Section 5.10.200(c). PTRE Management states they have had several changes to their membership interests in the company resulting in members surrendering their equity in the company 6 Packet Pg. 46 8569 Page 4 or bringing on a new party to raise funds for build-out of the business. Therefore, to comply with Section 5.10.200(c), it must submit a transfer request in compliance with Section 5.10.200(a). Below is the ownership as originally presented at the time of the initial application, as presented in PTRE’s notification to the City, and what is currently being proposed: Original at time of the application: Chris Francy: 40% Julie Le: 40% Scott Johnson: 20% Proposed in Notification submitted on January 4, 2021: Julie Le: 40.8% Scott Johnson: 10.2% Catapult LA LLC: 49% Proposed as part of current application: Julie Le: 50% Catapult LA LLC: 50% Staff has reviewed the request and determined that it meets all requirements set forth in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Staff is recommending approval of the applicant’s change to the Mayor and City Council for its final determination, pursuant to Section 5.10.090. Accessible Options - Change in Ownership On November 9, 2020, Accessible Options was issued a “Notice of Potential Forfeiture” of their CCB Permit for failure to take further actions to secure their Permit per Resolution No. 2020-253. On February 18, 2021, after several unsuccessful attempts to make contact with the applicant, Accessible Options was issued a “Notice of Forfeiture” of their CCB Permit for failure to take further actions to secure their Permit. On March 1, 2021, Accessible Options filed an appeal with the City Clerk’s Office in response to the “Notice of Forfeiture.” On April 1, 2021, the City responded to the appeal requesting additional information to further evaluate their request to overturn the forfeiture of their CCB Permit. It was determined that the applicant would be required to comply with Section 5.10.200(c) and seek a transfer of ownership through the transfer process contained in Section 5.10.200(a). On April 14, 2021, Accessible Options was notified that the appeal would be granted and the forfeiture overturned upon their submittal of an Application for Transfer in accordance with Section 5.10.200(a) and (c) of the Municipal Code. The applicant agreed and the appeal was granted and the forfeiture overturned. 6 Packet Pg. 47 8569 Page 5 On August 2, 2021, Accessible Options, as the permit holder, submitted an appli cation (CCB21-0003) in order to amend the ownership pursuant to the process and fees set forth in Section 5.10.090 as required by 5.10.200(a). Accessible Options’ original owners and applicants, Laythen Martines and Ali Cooper, faced financial constraints and where unable to keep the project moving through the process. Their Project Manager, Patrick Girgis, who oversaw all project details and operations for the business, stepped in to provide financial relief. Through the process, Patrick Girgis encountered extenuating circumstances including COVID-19, and a vehicle collision that rendered him immobile for several months, hindering his ability to take the necessary steps to obtain the final Building Plans and Permits; which, resulted in a delay in the progress of the proposed location improvements. During this time, staff made several attempts to make contact with Accessible Options, to no avail. Eventually, the City had no option but to move forward with the issuance of a Notice of Forfeiture, as noted above, at which point, Patrick Girgis, whom had taken over part of the financial responsibility of the business, filed an appeal based on the fact that he, with two additional partners, had become the new owners of Accessible Options. Patrick Girgis, along with two (2) additional partners, Peter Girgis and Sofi Babayan, came forth and provided the necessary funding to take ownership of the CCB Permit and to move the project forward. In order to complete the transfer from Laythen Martines and Ali Cooper to Patrick Girgis, Peter Girgis and Sofi Babayan, a transfer request was submitted and reviewed. Accordingly, staff reviewed the “Change in Ownership” request with the proposed ownership changes. Below is the ownership as originally presented and currently being proposed: Original at time of the application: Laythen Martines: 95% Ali Cooper: 5% Proposed as part of current application: Patrick Girgis: 25% Peter Girgis: 25% Sofi Babayan: 50% Staff has reviewed the transfer request and determined that it meets all requirements set forth in Chapter 5.10 (Commercial Cannabis Activities) of the City of San Bernardino Municipal Code. Staff is recommending approval of the applicant’s request to the Mayor and City Council for its final determination, pur suant to Section 5.10.090 (Initial Application Procedure). 2020-2025 Key Strategic Targets and Goals The report on the Commercial Cannabis Businesses is consistent with Key Target No 1: Financial Stability. Specifically, allowing legalized commercial cannabis activities will 6 Packet Pg. 48 8569 Page 6 allow the City to capture cannabis revenue. Fiscal Impact Commercial Cannabis Business Permit applicants are required to pay an application fee to recover the City’s costs for processing. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action: 1. Approve the Commercial Cannabis Business Permit (CCB) 21-0002, Change of Location for JIVA SBD, LLC (dba Cookies San Bernardino) from 494 W. Orange Show Road, Suite D to 494 W. Orange Show Road, Suites A, D and E; 2. Approve the Commercial Cannabis Business Permit (CCB) 21-0004, Change of Location for SB Pharma Holdings from 2015 S. Diners Ct. to 1975 S. Diners Ct; 3. Approve the Commercial Cannabis Business Permit (CCB) 21-0001, Change of Ownership for PTRE Management; and 4. Approve the Commercial Cannabis Business Permit (CCB) 21-0003, Change of Ownership for Accessible Options. Attachments Attachment 1 Commercial Cannabis Business (CCB) 21-0002 Attachment 2 Commercial Cannabis Business (CCB) 21-0004 Attachment 3 Commercial Cannabis Business (CCB) 21-0001 Attachment 4 Commercial Cannabis Business (CCB) 21-0003 Attachment 5 Confirmation of Publication in The Sun Wards: 1 and 3 Synopsis of Previous City Council Actions: February 21, 2019 Mayor and City Council approved CCB 18-0006, 18-0033, 18-0037 and 18-0041. February 21, 2019 CCB 18-0006 was placed on an Eligibility List for future consideration. 6 Packet Pg. 49 Commercial Cannabis Business Permit Application Rev. 08/2020 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org Commercial Cannabis Business Permit – Relocation Application Project Address / Location: Assessor’s Parcel Number [APN]: Zoning District: General Plan Designation: APPLICANT NAME: Address: Phone: City: State: Zip Code: Email: PROPERTY OWNER NAME: Address: Phone: City: State: Zip Code: Email: (Please Note the following: If the applicant or property owner is a trust, partnership, corporation, or LLC, on a separate sheet, provide a list of all persons that make up the trust, partnership, corporation, or LLC.) APPLICATION TYPE: New Business Business Renewal Amended Application Change of Location Change of Ownership Additional Services are subject to inspection and consultant fee as identified in the Application Procedure Guidelines). COMMERCIAL CANNABIS BUSINESS PERMIT (CCB)TYPE (Please select from one of the following categories): Cultivation Distribution Manufacturer Retailer Retailer to include Delivery Testing Microbusiness (Please identify all business activities): _________________________________________________ ____________________________________________________________________________________________________________ DESCRIPTION OF PROJECT: ADDRESS: 494 WEST ORANGE SHOW RD (STE A) SAN BERNARDINO, CA 92408 PROJECT: (STE A, STE D, & STE E) 0142-261-41 CG-1 (COMMERCIAL GENERAL) JIVA SBD LLC dba Cookies San Bernardino SDH VENTURES LLC (Manager & Member: SANTOKH SINGH BHATTI) C (COMMERCIAL) Relocate current operating business from SUITE D to the adjacent SUITE A, both on the same property/parcel. 6.a Packet Pg. 50 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 51 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 3 PROJECT INFORMATION FORM Other Required Information (Attach additional sheets as necessary): List any person(s) who will be engaging in the proposed commercial cannabis business that have been convicted of a felony or have engaged in misconduct that is substantially related to the qualifications, functions or duties of a commercial cannabis business activity. Please keep in mind that a conviction within this section means a plea or verdict of guilty, or a conviction following a plea of no contest: List whether, the applicant(s) has other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other licenses and or permits relating to similar business activities as in the permit application. If yes, please list the type, current status, issuing/denying for each license/permit: __________________________ Provide the name and address of the closest school(s) to proposed business location: Provide the name and address of the closest existing alcohol related establishment(s) to proposed business location: Description of neig hborhood around the proposed location (surrounding uses, nearby sensitive uses (such as schools, youth centers churches, parks, daycare centers, or libraries), transit access to site, etc.): _______________________ NONE NONE URBITA ELEMENTARY SCHOOL (771 S J St, San Bernardino, CA 92410) JOHN MUIR CHARTER SCHOOL (1824 S Commercenter Cir, San Bernardino, CA 92408) BURBANK ELEMENTARY SCHOOL (198 W Mill St, San Bernardino, CA 92408) RICHARDSON PREP HI MIDDLE SCHOOL (455 S K St, San Bernardino, CA 92410) ALL DESIGNATED LIQUOR STORES ARE OVER 3 000' FT AWAY FROM PROPOSED SITE BEER & WINE ONLY [7-ELEVEN 494 WEST ORANGE ROAD (STE C) SAN BERNARDINO, CA 92408] THERE ARE NO SENSITIVE USES THAT ARE REGISESTERED DAY CARES PARKS CHURCHES YOUTH CENTERS, OR LIBRARIES WITHIN 1000 FEET OF THE PROPOSED SITE. THERE ARE 2 TRANSIT ACCESS BUS STOPS (E ST & ORANGE SHOW RD. STOP WITHIN 50 FEET AND E ST STOP WITHIN 300 FEET) SURROUNDING NEIGHBORHOOD IS PRIMARILY COMMERCIAL ZONED PARCELS OPERATING AS RETAIL OR SALES/SERVICE ESTABLISHMENTS. 6.a Packet Pg. 52 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 4 APPLICATION SUBMITTAL REQUIREMENTS The following items shall be submitted with all applications (2 physical copies and 1 electronic copy): Copy of the completed Zoning Verification Letter issued by the City Completed Application Form Filing Fee Site Plan (see below for requirements) Floor Plan (see below for requirements) Elevations (photographs may be provided) Photographs of existing site Area Map (see below for requirements) Live Scan Payment Business Owner(s) Background Information Forms Supplemental Evaluation Criteria (see below for requirements and Appendix A) Mailing list identifying all owners of property located within 600 feet of the proposed business location Mailing labels identifying all owners of property located within 600 feet of the proposed business location Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of property located within 100 feet of the proposed business location (Please Note the following: Incomplete applications will not be accepted.) Supplemental Evaluation Criteria (See Appendix A): (All information shall be provided as required in the Application Procedure Guidelines for Commercial Cannabis Businesses (CCB). The CCB Application is required to include all items as identified in Appendix A in detail in order to fully describe the business as if it was open and operating.) Business Plan Location Neighborhood Compatibility Plan Safety Plan Security Plan Supplemental Evaluation Criteria for all applicants proposing to establish a Cultivation facility: Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light) Description of a legal water source, irrigation plan, and projected water use Identification of the source of electrical power and plan for compliance with applicable Building Codes and other related codes Plan for addressing odor and other public nuisances that may derive from the cultivation site N/A N/A (No Change) N/A (No Change) N/A N/A N/A N/A N/A N/A 6.a Packet Pg. 53 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 5 APPLICATION SUBMITTAL REQUIREMENTS (Continued) Site Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Dimensions of subject property – including square footage Dimensions and names of all adjacent streets and public rights-of way Location and dimensions of all buildings and structures – including square-footage Location and dimensions of landscaped areas Location of all parking areas and driveways and means of ingress and egress Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks Uses for all buildings and structures indicated on the site plan Floor Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Location and dimensions for means of ingress and egress Square footage of all interior spaces Proposed uses of all interior spaces Area Map (shall contain a minimum of the following information): Location of subject property Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property The Area Map shall identify the existing uses of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property on the map All sets of plans must be assembled and folded to a size of 8.5” X 11”. Plans may be printed on no larger than an 11”x17” sheet of paper. OFFICE USE ONLY Date Filed: Previous Case: Case Number: Receipt Number: Fees: Submitted To: 6.a Packet Pg. 54 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 6 AUTHORIZATION FORM APPLICANT CERTIFICATION I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff, Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application I understand that agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code and state law. Name Signature Title Date Rajiv "Raj" J. Pottabathni Managing Director 7/8/21 6.a Packet Pg. 55 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 56 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 57 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 58 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.aPacket Pg. 59Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) JIVA SBD LLCA1.01EXISTING SITE PHOTOSTEMEKA GROUP9073 PULSAR CTCORONA, CA03/31/2021JIVA SBD LLC dbaCOOKIES - SAN BERNARDINO494 W ORANGE SHOW ROADSUITE 'A'SAN BERNARDINO, CA 92408EXISTING SITE PHOTOS6.aPacket Pg. 60Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.aPacket Pg. 61Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.aPacket Pg. 62Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) JIVA SBD, LLC - Cookies San Bernardino Proposed new Elevation for: 494 W. Orange Sow Rd, Suites A, D & E 6.a Packet Pg. 63 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in 6.a Packet Pg. 64 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ■The proposed CCB retail storefront Site will be at an existing commercial retail property within a one (1) story building totaling approximately 6,321 SF. ■The Occupancy Group is Mercantile (M), Business (B). The Occupancy Load Calculation is 105, with 2 required exits and 1 required restroom. With a Construction Type designation (V-N) the installation of Fire Sprinklers is not required ●The occupant load is based upon Table 1004.5 of the California Building Code (“CBC”) for mercantile occupancies, 60 sq. ft. per person. ●If the Secure Lobby & Check-In is a waiting area without fixed chairs, then the occupant load for the lobby is based upon 7 square feet per person. ➢The entirety of the interior floor area within the existing building will comprise of a Retail Sales Area (3,925 SF) including a a Service Counter area and a Secure Lobby & Check-In reception area (375 SF), together as the front-of-house totaling (4,300 SF), and a back-of-house that will have limited access to be utilized by employees, staff, management, and ownership of the CCB retail storefront operation (totaling 2,021 SF). The back-of-house is segmented as follows as seen on the proposed Building Premises Diagram in the Site Location section and in Exhibit 1, the Security Site Plan & Security Diagram,featuring an ADA Restroom (73 SF), with a Passage/Hallway (273 SF), a Secure Storage area with a Track & Trace station, (811 SF), an Intake Area (102 SF), an Employee Entrance/Exit featuring a man-trap system and a passage/hallway to limited access areas, an Electrical Room (62 SF),Employee Break Area (412 SF), a General Storage Room (74 SF) and a Management Office (115 SF). ❖SENSITIVE USES ➢The Site was carefully selected to minimize potential adverse impacts and thus extends over the six hundred (600) feet buffer of public and private schools and areas with youth populations, including public/private kindergarten, elementary, middle, junior high, or high schools. ➢The nearest schools to the location are all over 3000 ft away from the site: ■URBITA ELEMENTARY SCHOOL ●(771 S J St, San Bernardino, CA 92410) ■JOHN MUIR CHARTER SCHOOL ●(1824 S Commerce Center Cir, San Bernardino, CA 92408) ■BURBANK ELEMENTARY SCHOOL ●(198 W Mill St, San Bernardino, CA 92408) ■RICHARDSON PREP HI MIDDLE SCHOOL ●(455 S K St, San Bernardino, CA 92410) ➢The Location maintains the required distances from recreation facilities including, but not limited to, youth centers, churches, parks, daycare centers, libraries, clubhouses or a public pool. To our knowledge , there are no sensitive uses that are registered & licenced daycares, parks, churches, youth centers, or libraries within 1000 feet of the proposed site. ➢The Company will engage with the City and will proactively be on the forefront of mitigating any concerns that may arise. ❖TRANSIT ACCESS ➢There are 2 transit access bus stops (e st & orange show rd. stop within 50 feet and e st stop within 300 feet). ❖PARKING & TRAFFIC FLOW ➢There are 29 parking spots in the retail center housing this location, including 2 ADA spots. There are two entrances to the parking lot, one from South E Street and one from West Orange Show Road. The Applicant plans to install a short-term bicycle rack as a further convenience for customers/patients. ➢The existing parking lot and planned bike rack will provide adequate parking for patients, mitigating any potential impact on neighboring businesses of increased parking needs. The flow of traffic is depicted in our Site Plan to further indicate that the Company’s Site will continue to blend in with the neighborhood. The proposed Location creates an ideal flow of traffic for employees and customers/patients. ❖DRIVEWAY & PARKING IMPROVEMENTS ➢Currently, no driveway or parking lot improvements are necessary. The Applicant may restripe the parking spaces prior to commencing operations, add any applicable and required signage, and may add reflectors on the driveway. ➢The Company may install bollards or a similar fixed structure that may be installed to reduce the possibility of vehicles being used to force entry into the building if requested by the City. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 65 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) NEIGHBORHOOD COMPATIBILITY PLAN Jiva SBD LLC dba Cookies San Bernardino (the “Company” or the “Applicant”) has developed a comprehensive Relocation Application (“RA”) to amend or be issued an updated/new Commercial Cannabis Business (“CCB”) Permit to continue to operate an an existing adult-use and medical CCB retail storefront with delivery services in the City of San Bernardino (“City”) within San Bernardino County (the “County”) as defined and required by San Bernardino Municipal Code (“SBMC”) Chapter 5.10 and Ordinance No. MC-1503. The Company shall apply for an amended, updated, or new State of California (the “State”) Type 10(A)(M) CCB Retailer License. Upon receipt, the Company shall continue to operate in compliance with the City and California Code of Regulations (“CCR”) Title 16 and the Bureau of Cannabis Control’s (“BCC”) Medicinal and Adult-Use Text of Regulations. ❖The Company has developed a Neighborhood Compatibility Plan n that is designed and intended to align with the elements of the City’s adopted General Plan (“GP”). The Company shall work with and seek guidance from the City’s Community & Economic Development Department. The Company aims to participate proactively to mitigate any nuisances, as this Neighborhood Compatibility Plan addresses and demonstrates how the Applicant’s CCB will proactively address the following: noise reduction, light pollution, odor control/mitigation, and air quality, any increased foot or vehicle traffic, any increased waste production, and water usage, and any increased safety concerns through the inclusion of security protocols and measures, such as Crime Prevention Through Environmental Design (“CPTED”). Additionally, it shall describe how the Applicant will manage the CCB to avoid becoming a nuisance and mitigating impacts on the neighborhood and the surrounding community. ❖The Company firmly believes in the importance of developing a positive presence in the community and preventing any activity that could compromise the safety or prosperity of the neighborhood and businesses surrounding the CCB retail storefront (the “Site”) at the West Orange Show Road and South E Street intersection within the City. The Company’s Neighborhood Compatibility Plan addresses Site enhancement, improving the stability and ensuring the surrounding neighborhood’s quality. By implementing a “Good Neighbor Policy” and providing security protocols, the Company will protect the facility, its employees, customers, neighboring business owners, and residents. ❖The Company is committed to becoming an asset to the neighborhood. It shall enhance the local landscape by providing a safe, professional CCB business dedicated to improving the neighborhood and community. The Applicant will manage a regulated and compliant CCB to best eliminate potential nuisances, safety and security issues, and any negative impact on the neighborhood. As seen throughout this Neighborhood Compatibility Plan, the Company is conscious of its role and potential impact. Therefore the locally operated management team will provide a CCB that is respectful and beneficial for the community. ❖To the Company’s knowledge, there were no additional factors taken into consideration in relation to religious institutions and/or libraries within a 600 foot radius of the proposed Location. As stated above in the Location section, to our knowledge, there are no religious institutions or libraries located within 600’ feet of our Site. NEIGHBORHOOD INTEGRATION & ENGAGEMENT: PROACTIVE APPROACH & STRATEGIC ASSIMILATION Like any good neighborhood business, the Company will endeavor to tailor its approach to its locale. Management will continuously evaluate the feedback and develop action plans to address all nuisance concerns and suggestions. By consistently keeping communication channels open with neighbors, the Company will remain a stable and productive community member. The Company is dedicated to its commitment to adhere to the City General Plan’s goals, policies, and implementation measures, which includes the following principles: conforming to land use, and safety protocols by protecting the community and its property from hazards, improving air quality, and noise mitigation. ❖NEIGHBORHOOD & COMMUNITY INTRODUCTION LETTER ➢If required by the City, the Company shall comply if a public notification is to be posted as an on-site sign. ➢The Company shall identify all business owners, property owners, and residents within six hundred (600’) feet of the proposed location or the Site. It shall obtain its address labels from the City to send an introductory letter as part of the Applicant’s initial outreach. The Company determined the business type, their current use types, and zoning and finds that all adjacent properties surrounding the Site are of similar zoning and use type, thus indicating that the Company’s CCB retail storefront does conform and is appropriate per the City’s zoning. ➢As a courtesy outreach step, the Company shall send out a Neighborhood Introductory Letter to addresses within six hundred (600’) feet (or as recommended by the City) of the Site. ➢The Company shall host a neighborhood meeting, which may be virtual, to provide information, clarification, and respond to questions and/or concerns from City business owners and residents. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 66 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ■The Applicant intends to host the neighborhood meeting prior to the date of the planning commission, City Council hearing, or any other equivalent City governed public meeting/hearing. The Company shall proactively engage and educate the community regarding the CCB. ■The Applicant’s Site and operation, intended community benefits engagement commitment, and management plans to mitigate neighborhood impact will be shared as the focal point of the neighborhood meeting.The Company is aware that a CCB can create apprehension and concern with some neighbors. Thus, the circulated introductory letter and corresponding neighborhood meeting shall be the initial steps to engage the neighborhood and community. ❖COMMUNITY & NEIGHBORHOOD LIAISON ➢The Company’s Community Relations Director will act as the interim Community & Neighborhood Liaison (the Company shall hire a dedicated local employee to fulfill the role of a Community & Neighborhood Liaison) and will work closely with community members, neighborhood leaders, and local businesses to provide a model of regulatory compliance, operational safety, nuisance, community impact, and corporate social responsibility. The Company is aware that securing trust and support among the neighborhood members and the overall community involves continued open dialog and proactively addressing concerns, issues, and/or complaints. ➢The Managing Director, Community Relations Director, and/or Community & Neighborhood Liaison will develop plans of action to facilitate outreach and act as the immediate point of contact for all elected officials, regulatory personnel, first responders, neighborhood association presidents, business owners, and other local leaders. ➢Once appointed, the Community & Neighborhood Liaison’s contact information will be provided to City Police and Fire departments and all neighboring business owners, property owners, and residents within six hundred (600’) feet of the Site in order to comprehend and appropriately respond to the community at large. ❖COMPLIANT RESPONSE MANAGEMENT ➢The Company seeks improvement at every level where applicable. Catering to customers and the neighborhood is a priority. Feedback will be discussed at staff meetings, and management will endeavor to implement sound strategies to respond to the input and develop new ways to meet and satisfy the community. ➢The General Manager, Operations Manager, Community & Neighborhood Liaison, and/or Community Relations Director will be on-site at the CCB retail storefront to handle any questions or complaints from members of the community. ➢The Community Relations Director, a local resident, and owner of the Company will manage public relations with the neighborhood and the surrounding community. ➢Comments or concerns from members of the community can be communicated to the CCB by phone with a number (Community & Neighborhood Liaison and/or Community Relations Director to respond within 24 hours) provided for the public and made visible on retail storefront frontage. ➢Members of the neighborhood or community can visit the Site in person by requesting the CCB’s Security Specialist at the entrance to speak with the designated aforementioned CCB staff and/or management. ➢The Company will has an active website for the CCB with an online portal for anyone to submit inquiries and/or file a complaint. The “Contact Us” toolbar on the website will include a form to enter information regarding complaints or concerns. This online mechanism will allow for filing a complaint or leave feedback regarding the CCB’s staff or management, general operations, or an experience at the CCB, which will be addressed by a returned phone call or email response from CCB management. ➢All in-person, phone calls, online submissions, and/or emails from community members are logged into an internal database system and reviewed by the Community & Neighborhood Liaison and the Community Relations Director as a final measure to ensure that any complaints or concerns have been addressed. ➢Additional follow-up that may be necessary for the resolution of a complaint, issue, or concern will be conveyed directly to the person initiating the process, and if needed, the City may be included in correspondence until a resolution is reached. The Company shall be transparent and will focus on ensuring the surrounding neighborhood and community patrons are satisfied with the CCB operation. ❖NOISE REDUCTION ➢The Applicant shall reference City’s General Plan. The CCB shall maintain a log of any public nuisance activity on the premises or within six hundred (600’) feet (or as recommended by the City) of the Site. The log shall include any information required by the Chief of Police or representative of the Tulare Police Department. The log shall include the date and time of the occurrence, the type of activity, the circumstances surrounding the activity, the identity of any persons involved in the activity if known, and the corrective action taken by the CCB, and a police case number (if applicable). ➢The Applicant shall reference City GP’s Public Safety: Noise Conditions to implement and meet noise reduction standards and requirements. The CCB, as a retail storefront with no manufacturing, distribution, or cultivating operations, will not participate in any activities on-site that would create additional or excessive noise. Thus, the JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 67 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Applicant does not anticipate any other noise issues will affect the neighboring properties. In this sense, the facility will be very similar to other retail businesses servicing the community. The Applicant will use best efforts to avoid any noise pollution from the facility and immediate surrounding areas. The Applicant will implement strict rules for the staff, customers/patients, and authorized visitors entering or departing the CCB. These rules include, but are not limited to: ■Customers and patients will be asked to leave the premises after all transactions have been completed quietly. ■The CCB will operate within an existing building, which will not result in excessive noise on the building’s exterior, and will operate within the proposed hours. ■Inventory delivery hours shall occur after sunrise, generally prior to opening. ■Customer delivery hours would also be consistent with the proposed hours of operations. ■The Applicant intends to replace and install windows that incorporate acoustic insulation and other soundproofing measures to control noise, which utilize sound absorption technology equipment that minimizes noise within the Site. ■The security features, inclusive of reinforced doors, windows, and walls, will be selected to dampen sound. The air filtration system will be located within the Site, on the roof, or adequately sound to minimize noise disturbance. ■Restrict the volume of car stereos and/or portable sound systems while visiting the premises. ■Limiting the noise of any in-house background music that would play during business hours only. ■Warnings for unnecessary honking, tire screeching, yelling, or any other noise deemed disruptive, unnecessary, or a nuisance. ■As needed, the Applicant will update all noise reduction practices to maintain compliance and any City requests to address any further concerns expressed by the public. ❖LIGHT POLLUTION REDUCTION ➢ The Applicant shall reference the City’s General Plan and shall adhere to general light Pollution & energy conservation recommendations. ➢The Applicant intends to upgrade external lighting with modern fixtures that have continuous illumination for safety and security. However, the Company will utilize light pollution reduction measures and strategies. The perimeter of the Site will be equipped with security lighting as approved by the City. The ingress, egress, and parking lot shall be continuously illuminated after 5:00 PM. Additionally, the minimum lighting level of a 1.0’ foot-candle intensity shall be provided at building entrances and parking lot areas. All exterior lighting fixtures shall be downward facing and shielded to ensure that light cast does not impact or spill onto adjacent properties. To complement the security and surveillance systems, lighting on the Site’s exterior shall be visible and provide increased illuminating effects at the entrance of the CCB. Exterior lighting on the Site shall be on from dusk to dawn. The Applicant intends to utilize the following light pollution reduction strategies and shall be shared with the City to determine approval during the Special Use Permit process with the Planning Commission: ■Install reflectors to outline a driveway instead of putting in a row of lights. ■Use of full cutoff light fixtures to shine light downwards onto the ground where it is needed and prevent the light from shining thoughtlessly across property lines or wastefully up into the night sky. ■Lighting products with the International Dark-Sky Association (IDA) Fixture Seal of Approval ■Replace exterior lights with glare with certified low-glare fixtures, which guarantees low-pollution lighting ■Use of motion sensors in appropriate areas of the Site that will only have the lights on when motion is detected, thus reducing the overall costs on electricity while at the same time cutting back on light pollution at night. ■Use of colored lights as an option that is anti-glare and still serves the purpose of night lighting very well. Yellow, red, and amber lights can reduce the negative effects of lighting during the night as they don’t affect nighttime vision. ❖ODOR CONTROL/MITIGATION & AIR QUALITY ➢In order to control possible odor nuisances, odor control devices and equipment will be installed in our facility. The Company shall install a mechanical odor control system with the appropriate engineering and maintenance protocol to ensure the proposed CCB is free from any cannabis odor. An odor mitigation and air quality memo have been certified and issued by a licensed molecular filtration specialist, ensuring that all air quality controls are sufficient to mitigate odors from all sources effectively. ➢The project would not result in impacts to air quality. The project is expected to be well below the San Bernardino County Air Pollution screening thresholds. ➢The Applicant will implement an Odor Control Plan to ensure the proper functioning of all odor mitigating equipment installed at the proposed CCB. The Odor Control Plan includes policies and SOPs for the following, but are not limited to: JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 68 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ■The proper operation, maintenance, and repair of the mechanical odor control system, including replacement schedules for all terminable parts and equipment. ■The effective monitoring of all interior areas of the proposed CCB, as to identify any potential sources of detectable cannabis and/or offensive odors. ■The effective monitoring of all points of ingress/egress to ensure that no cannabis or offensive odors are present and/or detectible outside of the proposed CCB. ■Receiving and documenting any odor complaints that may be received by the proposed CCB. ■Identifying and resolving the cause and/or source of any odor nuisance. ■Implementing a Corrective Action Preventative Plan (CAPA) to amend policies, SOPs, and equipment standards contained in the Odor Control Plan to enhance the effectiveness of the odor control system. ❖TRAFFIC: VEHICLE & PEDESTRIAN ➢Traffic Impact Analysis ■The CCB will have a less-than-significant impact on traffic in that the project may have a minimal increase of AM and PM peak hour trips. The proposed location is ideal for employees and customers/patients. It does not interfere with the current flow of traffic. ➢Sidewalk Security ■During peak hours, A Security Specialist will manage the sidewalk to monitor cleanliness and loitering and greet patients entering the facility. Security Specialists will provide a visible presence and a deterrent to potential criminal activity by ensuring only those visiting the facility are allowed entry for legitimate business. Security Specialists will be vigilant to suspicious activity on the exterior of the premises. Cleanliness is also managed constantly with checks throughout the business day. ➢No Loitering ■To prevent any other possible nuisances, the Applicant will prohibit loitering within one hundred (100’) feet of the Site. A Security Specialist will be present on the premises to monitor the facility’s perimeter, control loitering, and Site access. The Company will ensure that any debris, graffiti, and unappealing or unsafe aspects of the Site will be adequately addressed. ➢Discreteness ■As seen with other CCB retail storefront operators, the Company will not use symbols or signage that resembles cannabis/marijuana leaves, green crosses, or other similar symbols found in neighboring municipalities. The conceptual renderings reveal the intention to develop an upscale yet comfortable, modern, and completely renovated facility. There will be no neon lighting or other such attention-grabbing illuminations to advertise the retail CCB. ➢Parking Access ■The Site shall have twenty-nine (29) parking spaces, including two (2) ADA compliant parking spaces with one (1) van-accessible loading zone space. The Site includes dedicated driveway access from South East Street. The Site has sufficient off-street parking and aligns with the City’s parking requirement of 1 space per 250 square feet per SBMC Chapter 5.10 and accessible spaces per California Building Code (CBC) Table 11B-208.2, and a van accessible space (one (1) space for every eight (8) accessible spaces, but not less than one (1)). All parking spaces will be clearly marked and sign-posted for the convenience of customers to ensure that adjacent businesses are not adversely impacted. ➢Bicycle Rack ■The Company may seek approval from the City throughout various stages of obtaining required City entitlements such as planning and/or the building permit process to install the most desirable pedestrian-friendly bicycle rack(s) in the appropriate location of the Site. Streetscape bicycle racks will match the aesthetic character and theme of the surrounding neighborhood and facility design. ➢Aesthetic Compatibility ■The Company will maintain the current location’s integrity to prevent the facility from causing any negative aesthetic impacts on the neighborhood. The intent is to ensure that the CCB and the Site improve the neighborhood dynamic and fit the City’s aesthetic expectations, and have positive curb appeal without drawing unnecessary attention to the Site. Signage will be discrete and tasteful and will only contain designs approved by the City. ❖WASTE MANAGEMENT ➢All waste, including waste containing finished cannabis and cannabis products, must be stored, secured, locked, and managed in accordance with California laws and regulations. “Cannabis Waste" means any part of the plant that is not usable cannabis or cannabis unable to be processed as provided in the regulations. In accordance with applicable non-cannabis waste storage and disposal requirements, the disposal of trash or any other kind of waste on the property of another legal entity or any public place is strictly prohibited. Though it is not typically anticipated that JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 69 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) regulated retail CCB’s will produce any hazardous waste, it is crucial to take responsibility and maintain procedures for the safe usage, storage, and disposal of potential environmental contaminants should they be produced or used at any regulated cannabis facility, including crop inputs including but not limited to fertilizers and pesticides. The following SOPs related to waste management include: Cannabis Waste Disposal,Hazardous Material (HAZMAT) Management,Non-Cannabis Waste Disposal, and Waste Minimization. ➢GAIACA, the Company’s cannabis waste management service provider/disposal agency, is CESCO, CAC, CMC, CDPH certified, and California’s leader in cannabis compliance waste standards. As per 16 CCR § 5054 and §5055 Cannabis Waste Management, the Company will maintain a secured cannabis waste receptacle, only accessible by authorized personnel, the cannabis waste management service provider, and any regulatory agencies who will need access. GAIACA will ensure the proper removal and storage capacities of all cannabis waste. Cannabis goods will be destroyed prior to disposal, including removing the product from any packaging deeming it unrecognizable and unusable. Cannabis waste will be stored in an enclosure, independent from retail cannabis products, to ensure proper destruction and disposal. ❖ENVIRONMENTAL IMPACT ➢The proposed project will comply with the California Environmental Quality Act (CEQA). The project involves minor modifications to an existing facility, and no expansion of use to the structure/Site is proposed. The Project involves a relocation, which will require minor exterior modifications to the structure/site. ➢Pursuant to CEQA Guidelines Section 15332, the project qualifies for a Class 32 Categorical Exemption as infill development as it is consistent with applicable General Plan Land Use Designation and zoning district, is located on a site of fewer than five acres, within City limits, substantially surrounded by urban uses, with no value as habitat for endangered, rare or threatened species, adequately served by necessary utilities and public services.The project has no foreseeable significant adverse impacts on traffic, noise, air quality (as seen above), biological, or water quality. ■Biology: The project Site is covered by an existing building and parking lot and has no habitat value. No trees or other vegetation will be removed from the Site as a part of the project. ■Water: There are no changes in impervious surfaces or stormwater drainage proposed. In addition, the Site has municipal water and wastewater service. ❖The Applicant has further determined that no exceptions to the exemptions apply. There is no reasonable possibility that the activity will significantly affect the environment due to unusual circumstances. (CEQA Guidelines section 15300.2). ❖MINIMIZE INCREASED WASTE ❖The Company shall take steps towards conserving energy, using efficient materials and reducing construction/demolition debris sent to local landfills. Construction waste generated will be sorted at a material reclamation facility, where 75% or more of the debris is typically diverted from landfills. ➢The Site will be designed to handle three non-hazardous waste streams: regular trash organics/compost, recyclables, and cannabis waste. ➢Receptacles for trash and recyclables will be identical in size and side-by-side. Cannabis waste will be handled completely separate, using best practices described above and per this Waste Management section. In addition, receptacles will be kept on-site for proper disposal, the Secure Storage area for cannabis waste and the Employee Breakroom area for regular trash, organics/compost, and recyclables. ➢There will be no fluorescent lamps used in the project, which would require special disposal. All lamps will be LED. ➢While the Applicant does not anticipate the CCB to create more hazardous waste than any other retail establishment, the Waste Management plan section above will be used to reduce solid waste in accordance with the State of California’s conservation goals. The following practices shall be implemented: ■No cannabis goods shall be disposed of as cannabis waste unless the cannabis goods have been removed from their packaging and rendered unrecognizable and unusable. ■The Company will not sell cannabis waste and comply with all the CA Public Resources Code’s applicable Waste Management laws. ■Waste and reuse shall be accumulated or stored in non-absorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight-fitting lids. ■Cannabis waste composted on the licensed premises (returned goods) will be done in compliance with Title 14 of the California Code of Regulations, Division 7, Chapter 3.1. ❖SECURITY PROTOCOLS & CRIME PREVENTION MEASURES THROUGH ENVIRONMENTAL DESIGN (CPTED) ➢The Security Plan and Safety Plan demonstrates how the Company will minimize increased security and/or safety concerns. The Company will reduce threats by screening individuals such that: ■Pursuant to SBMC Ordinance 5.10.070, Employee Requirements, the General Manager shall maintain a current register of the names and required information for employees and independent contractors. The JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 70 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) register may be available to the City Manager, Chief of Police, any regulatory agency, or their designee at all times and immediately upon request. ■The General Manager will provide the information required by SBMC 5.10.070 (b)(5) so that the San Bernardino Police Department can perform a background check of all relevant individuals as required or if requested. ➢The Company’s Crime Prevention Through Environmental Design(CPTED) principles shall meet and exceed security standards. Layers of security begin at the building’s exterior and continue inward through natural features, physical barriers, electronic access and monitoring, and staff. A fundamental obligation of a regulated CCB is to provide safety to its employees, customers, and the surrounding community. The Company’s ownership group shall implement a combination of design features, technologies, procedures, employee practices, training, and administrative strategies to deter, detect, and delay intrusion and prevent theft or diversion by persons employed by, associated with, or entirely independent of the Applicant’s licensed cannabis operational facility. The aggregate effect of this approach will minimize increased safety concerns. ➢The CCB retail storefront shall have sufficient security measures to deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products at the commercial cannabis business. MANAGE & MINIMIZING NEIGHBORHOOD/COMMUNITY IMPACT ❖The Company shall be operated in a manner that ensures neighborhood compatibility, and the ownership group shall take all steps necessary to ensure that customers, vendors, or others visiting the facility do not create neighborhood disturbances or nuisances. The Company’s ownership, management, and employees shall not conduct the operations of the CCB retail storefront in a manner that creates or results in a public nuisance on the Site within its immediate vicinity or within six hundred (600’) feet. The Company shall address any acts if nuisance, and as mentioned above, shall maintain a log of any nuisance activity, which may include (a) disturbance of the peace; (b) illegal drug activity; (c) public drunkenness; (e) drinking in public; (f) gambling; (g) prostitution;(h) sale of stolen goods; (i) public urination; (j) theft; (k) assaults;(l) batteries; or(m) acts of vandalism. ❖The Company shall provide the San Bernardino Police Department and all business and property owners within six hundred (600’) feet with the current name, phone number, secondary phone number, and e-mail address of an on-site responsible staff member to whom notice of any operating problems associated with the establishment may be reported. This information shall be updated as necessary to keep it current. The Company shall encourage neighbors to call this person to try to solve any operating problems. Such calls may be anonymous and need not include the identity of the caller or number. ❖The Company shall have an on-site manager responsible for overall operation during business hours and shall provide the San BernardinoPolice Department with contact information for all such persons, including telephone number, street address, and email address. The Company shall also provide the City’s Police Department with the current name and phone numbers of at least one twenty-four-hour on-call manager. This information shall be updated as necessary to keep it current. ❖The Company shall take all reasonable steps to discourage and correct objectionable conditions that constitute a public or private nuisance in parking areas, sidewalks, alleys, and areas surrounding the premises and adjacent properties. Such conditions include, but are not limited to: smoking;creating a noise disturbance; drinking; loitering; littering; urinating or defecating, and production of graffiti. ❖The Company’s CCB retail storefront will be of architectural visual quality standards and character, harmonizing with and enhancing the surrounding area. The design will avoid unduly large or obtrusive signs, unlandscaped parking areas, unduly bright or garish lighting, or design features that encourage loitering as determined by the zoning administrator. ❖The Company will ensure that adequate trash/recycling receptacles will be provided and maintained where appropriate. ❖The Company will conform to the City hours of operation requirement. ❖The Company shall ensure that no cannabis or cannabis odors shall be detectable by sight or smell outside of a permitted facility. ❖The Company shall ensure all graffiti is removed from property and parking lots under their control within twenty-four hours of its appearance. GOOD NEIGHBOR POLICY & NUISANCE AVOIDANCE The Company’s Good Neighbor Policy outlines general policies that help ensure its neighbors’ safety and security. One of the hallmarks of a well-run CCB retail storefront is a decisive and interactive role in the community. ❖INSTITUTE & TRAIN EMPLOYEES TO EMBODY “THE GOOD SAMARITAN” ROLE JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 71 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) In order to fully implement policies and procedures that contribute to the safety and peace of the community, the Applicant will have a “buy-in” methodology from all parts of the organization: principals, owners, operators, and employees. This policy includes the following aspects: ➢Monitoring The Community:The facility will provide a safe environment and enforcement of commercial cannabis business guidelines. Third-party Security Specialists hired through a preferred local security company, shall provide on-site security personnel prioritizing City residents, shall be present on-site during operating hours. Security Specialists will be trained to observe and report any suspicious circumstances in the neighborhood and will conduct occasional neighborhood walk-throughs to ensure no diversion is happening within the vicinity and that no customers are administering cannabis and/or cannabis products at the Site. ➢Listening To The Community:All neighborhood outreach materials will be posted publicly and will include a phone number and email address for providing comments, concerns, and complaints. In all cases, an employee will respond to any received message within one business day and will notify the Community Coordinator in writing of any such community messages. All employees will receive training on handling these messages respectfully and diligently. ➢Getting To Know The Neighbors:All employees will be encouraged to patronize local businesses, and the Principals/Owners will seek opportunities for conversation with fellow local business owners, representing the Applicant and the cannabis industry in a professional and upright manner. ➢Representing Professionalism:Each employee will be trained that he/she is a representative of the cannabis marketplace and is required to take ownership of demonstrating the best standards of the industry: professional demeanor and appearance while providing respectful and competent service. ❖ESTABLISH A COMMUNITY DISPUTE RESOLUTION PROCEDURE ➢As reiterated in the “Listening to the Community” sub-heading above, the Applicant will post contact information on the CCB retail storefront exterior and surrounding fencing (if applicable), clearly illustrating the process for raising concerns or making complaints. The Neighborhood & Community Liaison will regularly check emails/voicemails and respond to any concerns within one (1) business day. If the Applicant’s solution does not resolve the situation, the Neighborhood & Community Liaison will work with the Community Relations Director and/or Community Relations Advisor to strategize and propose reasonable alternatives crafted to appease all parties. If the situation cannot be resolved in this way, the Applicant will seek an appropriately trained local mediator to facilitate a process in which a resolution can be reached. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 72 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) BUSINESS & OPERATIONS PLAN Jiva SBD LLC dba Cookies San Bernardino (the “Company” or the “Applicant”) has developed a comprehensive Relocation Application (“RA”) to amend or be issued an updated/new Commercial Cannabis Business (“CCB”) Permit to continue to operate an an existing adult-use and medical CCB retail storefront with delivery services in the City of San Bernardino (“City”) within San Bernardino County (the “County”) as defined and required by San Bernardino Municipal Code (“SBMC”) Chapter 5.10 and Ordinance No. MC-1503. The Company shall apply for an amended, updated, or new State of California (the “State”) Type 10(A)(M) CCB Retailer License. Upon receipt, the Company shall continue to operate in compliance with the City and California Code of Regulations (“CCR”) Title 16 and the Bureau of Cannabis Control’s (“BCC”) Medicinal and Adult-Use Text of Regulations. The business purpose of this RA is to relocate into a larger suite in an existing building that already houses the Company’s current operating CCB retail storefront. Utilizing the current space (STE D), and adding additional suites (STE A & E), the Company is able to provide additional storage, larger back of house area for employees and staff, and provide optimal service to customers and patients with a larger retail sales floor. OWNERSHIP & MANAGEMENT COMMITMENT TO BEST PRACTICES ❖Collectively, owners of the Company demonstrate CCB merit and experience, as they have been issued or been given a declaration of intent to be awarded twenty-nine (29) CCB retail storefront permits/licenses/declarations nationally of which sixteen (16) are in California, and over twenty (20) others pending and/or in the pipeline in California and other states. The Company will create a holistic, innovative experience for medical patients and adult-use customers in the City. The Company will take this same passion for providing superior care, education, and products to the local San Bernardino community. The Company’s CCB is carefully and thoughtfully designed with a patron wellness first mentality. ❖The Company is dedicated to its mission to ensure that the sale of cannabis is conducted safely and orderly to protect the welfare of qualified individuals, the community and ensure transparency with the City of San Bernardino and the State of California. The Applicant’s values and initiatives align perfectly with this vision. As an awarded permittee and licensee in San Bernardino, the Company will continue to deliver an elevated sense of security and professionalism to the community, transparency with the City of San Bernardino and the State of California, and an open-door policy for City staff and the San Bernardino Police Department. ❖The Company follows industry best practices/standards throughout operations to ensure a safe, compliant, and efficient CCB retail storefront, as well as organizational culture for the benefit of customers, employees, and the community. The Company’s recommended strategy is developed and designed to reflect standard operating procedures (“SOPs”), best practices, and methodologies that ensure consistency, quality, health, and safety are implemented. ❖Below is a general overview of the Company’s operational policies, procedures, and best practices related to CCB retail operations, patient management, employment standards and benefits, training, quality assurance, inventory management, and security. ❖NARRATIVE ➢The Company envisions an adult-use and medical [the Applicant will seek both BCC Type 10 retailer storefront license designations: adult-use (A) and medical (M) CCB retail storefront model that transcends the “average” retail experience by fusing the unique aspects of San Bernardino’s community and creative well-being through product activations. The Company intends to provide customers with cannabis products that deliver an array of desired effects, ranging from traditional relaxation, pain relief, increased mental alertness to mood-enhancing nontraditional pioneering products such as sensual and canna-cosmeceutical. New opportunities for recreational cannabis consumption are constantly emerging, and The Company, with its team’s impressive resume, is positioned to investigate and bring the best innovations to its customers. The Company will expand beyond conventional wisdom by creating a safe and welcoming experience for those who may not have previously considered cannabis as a recreational option. Existing cannabis customers will appreciate the breadth and depth of the Company's product selection and The Company's venture into new product categories while maintaining a commitment to the science of cannabis and increased quality and safety standards. ➢Customers who choose to explore and potentially shop at the Company’s proposed CCB retail store in San Bernardino will notice the difference immediately upon entering the retail storefront. Traditional cannabis retailers display products according to the type of product and how that product is packaged. For example, all vape products are shelved together regardless of their medical or adult-use designation. The Company will adjust this commonality and create a hybrid environment that still utilizes signage distinguishing cannabis consumption types and exclusively dedicates a section of the planned CCBretail storefront to adult-use products. There will be a dedicated JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 73 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) medical specialty section in the Company's CCB retail storefront to expedite service for medical cannabis patients. Cannabis products will be shelved according to the well-being effect experienced when using the product. ➢The Company’s customer experience design takes away the confusion or intimidation experienced in many other cannabis retail storefronts, especially for customers new to cannabis. Additionally, the Company's one-on-one customer assistance allows customers to discuss their wants and desires privately and confidently. OVERVIEW The Company will operate day-to-day in compliance with SMBC Section 5.10.310 as described throughout this RA. The Company shall conform to SMBC Section 5.10.280 & SMCB Section 5.410.420, California State laws and Guidelines as identified by the BCC. ❖PATIENT & CUSTOMER MANAGEMENT ➢The Company’s defining mission of all regulated CCB's should be to provide quality, innovative approaches to better care for registered patients and adult-use customers. The Company will continuously improve policies and procedures for educating qualified patients, caregivers, and adult-use customers. The Company’s company ethos pays special attention to ensuring patients and customers receive the care and knowledge they require for responsible use. Responsible use education is accomplished via robust employee training policies, face-to-face counseling and education, written cannabis education materials, and educational events. Due to the sensitive nature of patient and caregiver relationships with medical dispensary operations, maintaining Health Insurance Portability and Accountability Act (HIPAA) compliance, protecting individually identifiable health information, keeping patient health records up-to-date, and creating a general State of confidentiality and trust are also integral elements of maintaining patient loyalty in the regulated industry. ➢Additionally, the newly established California Marijuana Tax Fund will direct a portion of its revenue to educate youth against substance abuse. By incorporating substance abuse education, identification, and prevention strategies into licensed business models, cannabis businesses can better engage with community members to align with their vision for responsible adult consumption. SOPs related to patient and customer management activities as seen within this CCB Application. ❖PRODUCT MANAGEMENT ➢The Company shall not cultivate or manufacture products and is submitting a proposal for a CCB retail storefront. The Company will only accept pre-packaged, child-resistant,and licensed products from legally permitted CCB’s with valid distribution licenses. However, product quality, purity, safety, and security are top concerns. Robust information regarding best practices in inventory control, product management, signage, packaging and labeling, recall and withdrawal, and delivery and receiving are mainstays for The Company’s retail operation of a safe and legal CCB. The Company’s ownership and management will direct the General Manager, Operations Manager, and Inventory Controller to conduct adherence checks in compliance with the following: ■Title 16 C.F.R. 1700 of the Poison Prevention Packaging Act provides federal guidelines for all final cannabis product packaging, which should occur in plain, opaque, tamper-evident, child-resistant packaging to keep products out of the hands of children, pets, or an unauthorized end user. ■MAUCRSA also requires delineation of cannabis products into clearly labeled serving sizes and prohibits advertising or marketing of non-medical cannabis in a manner that is aimed at minors or is near schools. ➢The Company’s responsibility as a regulated CCB is to ensure product requirements are met using California’s authorized track-and-trace system (“Metrc”), which was established by MAUCRSA and to be implemented by the following agencies: ■Bureau of Cannabis Control (“BCC”) - a bureau within the California Department of Consumer Affairs is responsible for licensing retailers, distributors, testing laboratories, and microbusinesses. ■CalCannabis Cultivation Licensing - a division within the California Department of Food & Agriculture (“CalCannabis”) is responsible for licensing cultivators (including nurseries and processors) and implementing the State's Track-and-Trace system to record the movement of cannabis from seed to sale. ■Manufactured Cannabis Safety Branch (“MCSB”) - a branch within the California Department of Public Health (“CDPH”) that is responsible for licensing manufacturers of cannabis products. These products include nearly all non-flower products (edibles, concentrate,tinctures, etc.) ➢All cannabis product inventory will be counted, recorded, maintained at required intervals, and discrepancies must be documented, investigated, and reported to the appropriate authorities under State law. ➢The Company is aware and cognizant that the aforementioned State regulatory agencies will not tolerate a lack of stringent policies for any of these items. The Company will use automatic data processing and the POS system that includes an inventory management module capable of producing reports on all cannabis flower and products in process, finished, stored, and distributed by licensed facilities. Licensed distributors’ transportation measures must JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 74 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) include internal controls, reconciliation of shipping records with receiving records, protocols for reporting discrepancies to the appropriate State department, and procedures for taking corrective action in cases where discrepancies are identified. ➢Inventory Control & Management ➢Verification of Packaging & Labeling ➢Recall & Withdrawal ➢Delivery Shipping & Receiving ❖QUALITY ASSURANCE & BEST PRACTICES ➢While the Company is not manufacturing cannabis products or cultivating cannabis flower(s), ownership and management will source goods from licensed CCB operators that ensure a strict compliance program implemented throughout their company to guarantee consumer and customer satisfaction. The Company understands that it is paramount to implement best practices related to process controls, emergency management, and response, sampling and testing, current Good Manufacturing Practices,Good Agricultural Practices, Good Handling Practices, and quality control measures in compliance with federal standards, including OHSA, USDA, and the FDA regulations. The Company will strive to work with authorized distributors advocating that safety topics must also be continuously addressed, including quarterly inspections, worker safety, and health programs, use, and maintenance of Safety Data Sheets, required personal protective equipment, safety training for all employees, hazard communication policies, general safety rules, and facility safety requirements. The Company will operate in accordance with the MCSB and the BCC who oversee these various aspects of manufacturing and testing, while CalCannabis will oversee cultivation activities. ➢To the best of the Company’s ability, the retail sale of cannabis products will facilitate that all cannabis and manufactured cannabis products must be cultivated, processed, handled, packaged, labeled, stored, and dispensed in a safe and sanitary manner, within consistent environmentally controlled spaces. The Company will emphasize with licensed CCB’s that maintaining Good Agricultural Practices and current Good Manufacturing Practices will involve implementing multifaceted efforts that ensure cannabis products are safe for human use and consumption. ➢Emergency Management & Response ➢Sanitation & Facility Requirements ➢Process Controls ➢Quality Assurance & Quality Control ➢Authorized Lab Tested Product Inventory ➢Worker Safety ❖GENERAL CCB RETAIL DISPENSARY OPERATIONS ➢The Company’s organizational structure and practices are designed to facilitate smooth retail operations managed by qualified operators and documented via comprehensive automatic data processing and point-of-sale system. The Company’s goal is to provide a model for effective and consistent business management in all aspects of retail dispensary operations, including marketing, advertising, implementing industry best practices, ensuring compliance with California regulations, and exceeding the BCC’s expectations regarding the retail dispensary experience. Patient education, community integration, protection from diversion, sales, and cash management, and accounting guidelines must be implemented to ensure all sales and transactions are carried out in accordance with State laws and regulations. The Company shall be responsible for the proper collection of all sales and excise taxes. CCB Retail Storefront Operations Sales, Cash Management, & Accounting Marketing Strategy & Product Advertising ❖COMPANY EMPLOYMENT ➢Creating and sustaining a successful CCB retail storefront hinges upon the acquisition and retention of high-quality professional employees. The Company is committed to providing all employees with a safe, healthy, and economically beneficial working environment in accordance with the California Division of Occupational Safety and Health requirements. Fair employment practices, including the prohibition of all forms of illegal discrimination, shall be prioritized and enforced through the Company’s codes of conduct. All employees will receive access to generous benefits packages and rates of compensation that exceed State minimum standards. By providing equal access and fair treatment to all employees, The Company will enable its ability to succeed while enhancing the individuals and the San Bernardino community’s progress. Staffing and training procedures will describe all positions that shall be filled in the company’s regulated facilities, provide a complete organizational chart, give detailed job descriptions, describe hiring criteria for each position, provide day-to-day employee schedules, and illustrate all procedures in staffing and training. Strict identification and recordkeeping measures will be addressed, and vetting and training requirements for employees, terminable offenses, and other organizational management considerations. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 75 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) DAY-TO-DAY & STANDARD OPERATING PROCEDURES (SOPs) ❖OPENING & CLOSING PROCEDURES ➢Hours of operation shall be 8:00 AM to 10:00 PM. ➢The General Manager, Operations Manager, Sales Manager, or Inventory Controller, and at least one Security Specialist shall arrive at the CCB retail facility at 7:30 AM. ➢At the beginning of business each day, any of the aforementioned managerial positions will transfer sufficient cash from the safe into the POS terminal cash drawers to allow for support of ordinary transactions. ➢The General Manager or the Operations Manager shall supervise the closing of the CCB, along with a Security Specialist. They will be required to manage the closing of the CCB and are mandated to remain on the premises for up to one hour over the official closing of the CCB retail storefront. Security and safety systems shall be checked to ensure working order, and the alarm system will be initiated. ➢At the close of business, any and all cash from business transactions shall be stored in a large locked fire and waterproof safe anchored to the concrete floor within a secured limited access key-card controlled room accessible only by management. ❖GENERAL STOREFRONT COMPLIANCE ➢The property meets all the requirements of 16 CCR § 5025 and § 5026 in addition to 16 CCR § 5010 and the Compliance with the California Environmental Quality Act (CEQA). The Company is applying for both an A-designation and M-designation to serve medicinal cannabis patients and adult-use purchasers at the proposed business. The Applicant will not operate under the requested designation(s) until approval from the BCC has been received in accordance with 16 CCR § 5023(f). ➢The Company herein refers to all medicinal cannabis patients and adult-use purchasers as customers and shall restrict customer access to the proposed facility in accordance with 16 CCR § 5400. The Applicant will conduct commercial cannabis activity with customers in accordance with Chapter 3 (Retailers) of 16 CCR. ➢The Company will designate an employee as the track and trace system Account Manager in compliance with 16 CCR § 5048(b). The designated Account Manager will complete the required “Metrc Account Manager New Business System Training'' before implementing the proposed facility’s Metrc system. The Account Manager will authorize additional owners or employees as track and trace system users and ensure that each user trains on the track and trace system before access or use. The account manager(s) shall attend and complete all required track and trace system training, including any orientation and continuing education. ➢The Company currently operates within the framework of the State of California BCC’s Cannabis Retailer Requirements under a Type 10 (A)(M) license. A general snapshot and overview of those requirements specific to a CCB retail storefront are below and the Company shall comply with the following: ■Conduct the sale of cannabis goods to customers at its premises or by delivery. And shall have a licensed physical location (premises), including an address where commercial cannabis activities are conducted. ■Only engage in sales, deliveries, and inventory intake between the hours of 8:00 AM and 10:00 PM. ■Shall provide access to the licensed premises’ retail sales floor area or provide delivery services only for customers that provide valid proof of identification, only persons 21 years of age or older, or persons 18 years of age or older may have access only with a valid physician’s recommendation. ■Employees shall verify the age and valid proof of customers’ identification before granting access and all delivery customers, in person, before they complete delivery of the cannabis goods. ■Shall have limited access areas. All persons must be at least 21 years of age and have a business reason for entering the limited access area; non-employees with authorized access shall be escorted, and an access log will be maintained. ■Shall ensure that the premises will be secured while not open for business. ■Shall only conduct the sale of cannabis goods, cannabis accessories, and licensees’ branded merchandise or promotional materials. ■Will appoint a Neighborhood & Community Liaison (NCL) to receive complaints from the local community, neighboring legacy businesses, and residents. ■Shall only receive cannabis goods for sale from a licensed distributor. ■Shall ensure that all cannabis goods comply with all packaging and labeling requirements. ■Will not sell cannabis goods that are expired. ❖GENERAL DELIVERY COMPLIANCE ➢The Company currently operates within the framework of the State of California BCC’s CCB Retailer Requirements under a Type 10 (A)(M) license. The Company shall only provide delivery services to a physical address in any JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 76 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) jurisdiction within California that is not on publicly owned land, a school, a daycare, or a youth center. Below is a general snapshot and overview of delivery requirements specific to a CCB retail storefront: ■Delivery Operations Associates (“DOAs”) shall carry a copy of the Company’s BCC retailer’s license, a government-issued identification, and an identification badge provided by the Company. ■DOAs shall not carry cannabis goods valued in excess of $5,000 at any time, with no more than $3,000 of cannabis goods that are not already part of a customer order that was processed prior to leaving the premises. ■Shall ensure that a delivery request receipt is prepared for each delivery of cannabis goods and shall contain all the items listed in CCR 16 § 5420. ■Shall ensure that delivery is made in person by a direct employee of the Company. Shall not use an independent contractor, third-party courier service, or an individual employed through a staffing agency for delivery services. ■The Company’s deliveries, which may or may not be a company vehicle, will be made using an enclosed motor vehicle equipped with a GPS device, active alarm system, and secure storage for cannabis goods. ■The GPS will record a history of all locations traveled to by the Delivery Drivers while engaged in delivery. ■The alarm system will be smartphone compatible and will notify the driver immediately if the system is activated. ■Transmission between the alarm system and any smartphone will be encrypted to prevent hacking of the alarm system. The alarm system features a two-way remote that allows delivery drivers to arm and disarm the alarm system and lock and unlock vehicle doors. ■Shall ensure that all cannabis products are stored in a locked vault that has been securely installed in the vehicle or welded in place permanently while being delivered. ■Shall ensure that no cannabis products are visible while being delivered. ■Delivery vehicles will not bear any signage or indicators that signify the presence of cannabis and/or cannabis goods. ❖GENERAL PRODUCT HANDLING COMPLIANCE ➢The Company’s general product handling compliance protocols are as follows: ➢May accept customer returns but may not resell the returned cannabis goods. The returned cannabis goods will be destroyed or, if defective, returned to the distributor from which they were obtained. ➢Shall not accept, possess, or sell cannabis goods that are not packaged for final sale. ➢Will not package or label cannabis goods. ➢Shall ensure that all cannabis goods will leave the licensed premises in an opaque exit package, which will either be in a child-resistant package or in a child-resistant exit package. Packaging containing cannabis goods shall be resealable, tamper-evident, and child-resistant. ➢Immature cannabis plants and seeds sold by Applicant are not required to be placed in resealable, tamper-evident, child-resistant packaging. ➢Intends to receive shipments after sunrise, prior to opening, but may receive shipments between the hours of 8:00 AM and 10:00 PM for inventory intake. ➢Shall be able to account for all inventory of cannabis goods and provide the BCC with inventory records upon request. ➢Aware that cannabis goods may be transported by a licensed distributor from one retail location to another retail location if the retail licenses for both locations are held by the Company. ➢Shall maintain financial records, personnel records, training records, contracts, permits, security records, destruction records, data entered into track-and-trace, and an accurate record of all sales for seven years and shall make all records available to the City and/or the BCC upon request. ➢Will train all managers to initiate a product recall and, within 24-hours of notification, notify the appropriate distributor, vendor, and customers who have purchased the recalled product. ➢Shall notify the City PD within twenty-four hours after discovering any of the following: diversion, theft, loss, or any criminal activity involving the commercial cannabis operation; significant discrepancies identified during inventory; or any other breach of security. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY] JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 77 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) CUSTOMER RECEPTION, CHECK-IN & ID VERIFICATION ❖The Company’s enhanced retail experience is based on efficiency and a seamless transition from “Park to Purchase.” An expansive sales floor concept features a retail showroom that allows customers to browse with ease or engage with staff as needed. ❖The Applicant’s security personnel will ensure access to the licensed premises is limited to individuals that have been correctly identified with a government-issued photo identification card and have a bona fide purpose for entering. The facility will be limited to individuals who are at least 21 years of age or 18 with a valid CA State physician’s recommendation. The Applicant will designate and permit only authorized individuals for entrance into limited access areas mentioned below, including employees, vendors, contractors, and others requiring secure access. The CCB retail storefront entrance (ADA accessible) is in a visible location that provides an unobstructed view from the public right of way. ➢The customer reception area is separated by a mechanical entry system. Customers enter the CCB retail storefront as if they are entering any other retail establishment. A Security Specialist will be inconspicuously located just inside the entrance, out of the natural path of customers. ➢Customer Experience Specialist (“CES”) will greet all customers at the Secure Lobby & Check-In Area where ID Verification is processed. ➢The Security Specialist will ask all customers to leave any large personal bags at the store entrance and will ensure that each customer is going through the intake and verification process before entering the retail space. Customers shall be required to provide a government-issued photo ID. Only after the proper ID verification is quickly processed by a certified scanner will a customer be allowed to enter the Retail Area or sales floor. ➢If a customer cannot produce a valid and proper ID, they will be asked to leave in a cordial fashion. ➢The Applicant has pre-selected a Point-of-Sales (“POS”) system and software (“Cova”) and a Customer Relationship Management (“CRM”) software (“Baker”), which will allow for a streamlined process of storing all relevant customer data for future visits. ■Baker is the leading CRM for the cannabis industry, helping nearly thirty percent of the U.S. CCB’s grow their business and build relationships with their customers. The Baker platform features three key products, including SMS targeted messaging, loyalty, and online ordering. With the combination of all three, Baker enables its clients to increase efficiency with communication tools more effectively and efficiently serve their customers. Baker integrates directly with the proposed POS system (Cova) and allows The Company to manage the customer lifecycle easily. ■All new customers will be politely asked to use kiosks or engage with a CES (equipped with digital devices to enter shared information) in the Secure Lobby & Check-In area to register with the Company voluntarily. Registration includes customer information such as name, date of birth, and acknowledgment of the Company’s Community Agreement. ■Customers may voluntarily sign-up for the Company’s CRM discount and special offerings customer loyalty program by entering a phone number and/or email address. This record is dated and signed for all subsequent customer transactions for ease of access for returning customers. ❖SALE OF CANNABIS PRODUCTS ➢Through Cova, records shall clearly show the source, amount, price, and dates of all cannabis received or purchased and the amount, price, dates, and business customer for all cannabis sold. The records of the business shall clearly track cannabis product inventory purchased and/or grown and sales and disposal thereof to clearly track revenue from sales of any cannabis from other paraphernalia or services offered by the Applicant. ➢Cannabis goods for inspection and sale will be displayed within the retail floor and will only be visible from the interior of the premises. Packaged products will not be accessible to patients or customers without the assistance of a staff member. ➢All cannabis goods for sale will be purchased from a licensed & authorized distributor, cultivator, manufacturer, and/or micro-business and will be verified not to have exceeded their expiration or sell-by date. The products will be compliant with all requirements of CA Business and Professions Code 26130 and all other relevant laws. The Applicant’s CCB will not label or package cannabis goods, nor will it accept, possess, or sell cannabis products that are not packaged as they will be sold at final sale,in compliance with State law. Cannabis goods will not leave the premises unless the items are placed in an opaque exit package. Upon purchase, the Applicant will confirm that no consumption or ingestion of cannabis or cannabis products occurs on the premises, including outdoor areas and parking lots. ➢The Applicant will adhere to all daily limit amounts for customers as detailed per CA Business and Professions Code 26130 and CA Health and Safety Code Sections 11362.1 and 11362.77. The Applicant will conduct retail business per the BCC and the City between 8:00 AM to 10:00 PM. Cannabis, cannabis-related paraphernalia, or JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 78 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) other instruments that may be used to administer cannabis or cannabis products will not be sold outside of business hours. CANNABIS PRODUCT DESCRIPTIONS, COMPONENTS, & CONSUMPTION ❖DESCRIPTIONS OF STRAIN TYPES & PRODUCTS ➢Choosing the right cannabis strain to achieve the consumer's desired effect can be a challenge. It is the Company’s goal to educate patients and customers about the best possible strain options to suit their specific needs, as well as the best method of administration – flower, edibles, concentrates, and topicals. ➢The Company will provide a rotating variety of cannabis strains with a specific focus on providing a large variety of those strains, which are organically and locally grown. ■Sativa: Sativa-dominant strains generally may affect mood and feelings. Given its stimulating effect, many prefer to consume Sativa during the day. Sativa strains normally have medium to high THC potency and relatively low CBD content. Some therapeutic effects felt by patients and customers include feeling stimulated or energized, increased sense of well-being, focus, creativity, reduced depression and elevated mood, relief of headaches/migraines, anti-nausea. ■Hybrids: Hybrid strains provide the best of both worlds, broken down into the following: ●Sativa-dominant: often associated with a cerebral high with a relaxing body effect. These hybrids can provide physical and mental relief. ●Indica-dominant:These strains provide full-body pain relief, with a relaxing head high. Often recommended for nighttime to aid with insomnia or daytime relief from minor pain. These strains are ideal for patients and customers who suffer from all types of autoimmune diseases as well as insomnia or depression. ●Even Hybrids (50/50): Ideal strains for people seeking a balance of head and body. ■Indica: Indica's primary effect on the body is a feeling of relaxation or sedation. Generally having medium to high THC content as well as comparatively high CBD content. Some individuals experience feelings of reduced stress, relaxed muscle spasms, a restful night’s sleep, reduced anxiety, reduced nausea and stimulated appetite, reduced intraocular pressure, reduced seizure frequency/anticonvulsant. ➢Test Dosing: Each patient or customer will experience the effects of cannabis differently. In general, however, the strength of the effect is dependent upon the amount of THC and other cannabinoids. The amount and potency of THC vary by strain. The key is to use just enough to get the desired effect while minimizing the negative side effects. The Company recommends patients and customers start with a low dose of 2.5 to 5 mg of THC and wait two hours before consuming any more cannabis, especially when consuming edibles. The digestive system processes THC slowly, especially if consumed after a substantial meal. Once inside the liver, THC is converted into Delta-9, which is more potent, explaining the intensity and significant palliative benefits of edibles. ➢The Company will leverage its industry network and expand existing distribution partners for the procurement of cannabis products. Having an established footprint and track record within the industry affords The Company the advantage of partnering with the most highly respected licensed supply chain operators. The Company will not accept any cannabis or cannabis product that has not been cleared for market associated with a Certificate of Analysis (“COA”) obtained from a licensed third-party testing lab provided by a licensed Distributor. ➢The Applicant is dedicated to sourcing the highest quality products for their patients and customers as the first line of defense against unsafe products. Flowers, topical oils, edibles, and concentrates will only be ordered from manufacturers, cultivators, and distributors who have sent their products to a third-party licensed cannabis laboratory to screen for pesticides, fungus, and mold, as well as test levels of active cannabinoids. The Company will require comprehensive reports to be provided to them on items sent in for testing to confirm the results do not contain more than the permissible levels of pesticides,microbiological contaminants, and residual flammable solvents prior to patient dispensation. Products that may return with discrepant test results will be rejected and not sold to patients or customers. The Company maintains strict in-house standards for its products, including a very low threshold for residual solvents or pesticides, and prefers carrying products that are both solvent and pesticide-free. ➢From organic cannabis farmers of sun-growth flowers to boutique manufacturers of vaporizer pens and chefs producing edibles, The Company's product curators will bring together an extensive menu of products to meet the various cannabis desires of the San Bernardino community and visitors. As a palliative-focused store, the Company intends to carry a wide offering of products in various CBD/THC ratios. As product curators continue to seek out pioneering cannabis products, The Company will source the highest quality cannabis in the following forms: PRODUCT TYPE COMMENTS JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 79 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Flower Dried cannabis “buds” that can be rolled into papers, smoked in a standard pipe or a water pipe, or vaporized with vaporizer products (believed to be the safest form of inhalations) or purchased as readily smokable pre-rolls. Concentrates & Extracts Vape oil cartridges, dabs, shatter, and/or were manufactured by separating the trichomes (semi-transparent, granular, hair-like outgrowths) from the cannabis flowers to create a concentrated dose of this specific part of the cannabis plant. Preparations & Topicals Joint tinctures, transdermal patches, nectors, salves, and capsules. These Products are particularly intriguing to senior patients in communal living environments where smokeable products would not be tolerated. Edibles Cannabis oil infused into edible food-like or beverage-like products usually takes longer to take effect (20 minutes to an hour or more). The effects generally last longer than smoking or vaporizing. The Company will make a special effort to offer especially edibles that will appeal to The Company's senior patients, including confections with low sugar content for those patients battling diabetes. Delivery Devices & Paraphernalia Vaporizers and other devices commonly used to administer medical and/or recreational adult-use cannabis ➢The Company anticipates a sales channel mix to include: ■65% of products that are pre-packaged branded dried cannabis flower and/or pre-rolls ■30% of sales to be made from purchases of manufactured products (concentrates & extracts, preparations & topicals, and edibles) ■5% of sales generated from paraphernalia and/or cannabis delivery devices ❖COMPONENTS OF CANNABIS ➢Cannabinoids are the active components in cannabis that affect the brain and body to provide a number of benefits, ranging from pain relief to feelings of calm and well-being. Each strain contains varying levels of individual cannabinoids; together, the various cannabinoids create an entourage effect tailored to impact the consumer’s unique physiology. ➢In terms of measurable effects on the body, the two main cannabinoids are THC (tetrahydrocannabinol) and CBD (cannabidiol).In most cannabis strains, THC is significantly higher and results in the high sensation users feel due to the psychoactive properties of THC. On the other hand, strains high in CBD have a significantly different effect, as CBD primarily affects the body rather than the mind and produces many of the palliative effects of cannabis – pain relief. Some users prefer strains with low THC content to avoid the psychoactive effects of cannabis, but it is imperative to note that CBD and THC work synergistically. ❖CONSUMPTION METHODS ➢Inhalation – Smoking & Vaporizing: Smoking is a quick and efficient way to deliver an optimum therapeutic dose of cannabinoids because the user is able to feel the effects almost immediately and can stop as soon as the desired effect is achieved. The trade-off is an increased risk of bronchitis or other respiratory irritation.Vaporization is an effective way to deliver the therapeutic components of cannabis without the toxic by-products of combustion. ■Methods to smoke and vaporize cannabis include using a pipe, a water pipe, or a cannabis cigarette often referred to as a joint or pre-roll. A pipe is lit directly and can cause irritation due to the heat of the smoke. A water pipe can be useful because it cools down the cannabis smoke and all but eliminates second-hands smoke. A cannabis cigarette is consumed like a normal cigarette. Each of these options will be talked about with customers to determine the desired result and which method best suits the customer’s needs. ➢Oral – Edibles (Infused Goods, Beverages & Tinctures): Ingesting cannabis is an option that avoids the risks of bronchitis or lung irritations associated with inhaling smoke and also provides longer-lasting and concentrated results. The active ingredients in cannabis are fat and alcohol soluble, to be extracted and added to food entering the system through the digestive tract rather than through the lungs. This type of consumption of cannabis tends to be metabolized slower and more efficiently than smoking. ➢Topicals (Lotions, Saves, Transdermal Patches): Topicals are cannabis-infused lotions, balms, and oils absorbed through the skin for localized relief of pain, soreness, and inflammation. Anecdotal and clinical evidence is emerging to show a widening spectrum of potential benefits, ranging from psoriasis, dermatitis, and itching to headaches and cramping. Topicals are generally heavy in CBD and non-psychoactive, ideal for individuals who want the therapeutic benefits of cannabis without the cerebral euphoria associated with other ingestion methods. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 80 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 81 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 82 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) PRODUCT TRACKING & MONITORING ❖The Company has developed written policies and procedures as part of its Inventory Management Plan (“IMP”) that describes how cannabis and cannabis products will be tracked and monitored to prevent diversion. The IMP includes a description of the Point-of-Sale (“POS”) system to be used and how it will interact with the State’s mandated track-and-trace system, Metrc. The IMP is closely integrated into the Company’s quality assurance program.The Company will establish and implement written policies and procedures for Inventory Management as part of an organization-wide Quality Management System (“QMS”). The Inventory Controller will be responsible for written Standard Operating Procedures (“SOPs”) as it pertains to the IMP and the QMS.The QMS will contain written SOPs and work instructions for quality assurance review of all cannabis goods sold for retail and nonconforming cannabis goods that are not in compliance with State and local laws. The nonconformance event will trigger a Corrective Action-Preventive Action (“CAPA”) Plan and investigation, including root cause analysis and verification of effectiveness. For continuous improvement, the Inventory Controller will present a summary of all CAPAs to executive management at quality management review meetings conducted quarterly. ❖All medical and adult-use cannabis activity shall be conducted between the State of California BCC and the California Department of Public Health (“CDPH”)CCB licensees (distributors, cultivators, and manufacturers) that are legally permitted to transport herein referred to as BCC licensed suppliers. The Applicant will only receive cannabis and cannabis products from the above-mentioned license holders and not package or label cannabis goods. The Company will not accept, possess, or sell cannabis goods that are not packaged, as they will be sold at final sale. The Applicant will operate in compliance with all City, County, and State requirements and regulations. ❖SECURING PRODUCT DELIVERIES ➢Procedures for receiving shipments will guarantee safe and efficient transfer of cannabis and will enable employees to transport cannabis safely and quickly from the distributor vehicles to the rear entrance and then into the Product Storage Vault. The Company will work with security professionals to identify a secure method of loading/unloading. These procedures will minimize any potential for diversion of cannabis, loss of cannabis, or mistake in shipment details. ➢Shipments of cannabis or cannabis products will not enter the premises through the front public entrance. The Company will designate a distributor flex space at the rear of the building restricted to distributor vehicles. A trained and qualified Company employee with authorized access to the Product Storage Vault will verify that the vault can be opened and closed without incident and that there are no obstructions in place between the exterior door and the Product Storage Vault. The inventory employee will ensure that the Product Storage Vault is neat, clean, and free of any other debris or material from prior deliveries, and all procedures will ensure compliance with 16 CCR § 5422. ➢The Company will follow all applicable local and State regulations for receiving deliveries. ➢The Company will only accept deliveries during business hours and will not accept any unsolicited or unscheduled deliveries. The Company will require distributors to send a notification before the delivery of cannabis products. All deliveries must be scheduled and must have a shipping manifest, received by the Inventory Controller 24 hours in advance, at minimum. ❖INVENTORY INTAKE ➢Upon entering into a product purchase contract with State BCC Type 11 licensed distributors, (the “Distributor”), The Company shall notify the Distributor that their secure product delivery vehicles should qualify as a commercial vehicle (cargo van, station wagon, sedan, minivan, enclosed pick-up truck) that can safely and legally park. The Company shall implement an eight (8) step inventory intake protocol to ensure that all Distributor delivery of inventory is done securely to deter diversion. ➢STEP 1 : The Inventory Controller or Assistant Manager shall schedule all inventory deliveries with BCC licensed Distributor(s). Cannabis products are received within the scheduled time frame agreed by both the Distributor and the Company. The Distributor shall park at the designated Distributor Loading Space and contact the Inventory Controller or Operations Manager upon arriving for the scheduled appointment. ➢STEP 2 : Inventory Controller or Operations Manager verifies the Distributor’s credentials and associated State license are current and active. Inventory Controller or Operations Manager notifies a Security Specialist to greet the Distributor from the designated Distributor Loading Space and escort the Distributor to the loading zone door which is within 50’ of the designated Distributor Loading Space. ➢STEP 3 : Security Specialist escorts the Distributor to the loading zone door, which is within 50’ of designated Distributor Loading Space. The loading zone door opens directly into the designated Hallway that has an electronic “man-trap” door leading to the Inventory Intake area. The Security Specialist shall remain vigilant while maintaining an internal line of communication. ➢STEP 4 : The Distributor is signed in, including an ID check to ensure the Distributor is above 21 years of age and receives a third-party vendor identification badge. After that, the Distributor unloads the product in the Inventory Intake area under the Security Specialist’s supervision and the Inventory Controller or Assistant Manager. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 83 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ➢STEP 5 : The Inventory Controller inspects the products delivered to ensure they match the product in the purchase order and that the products meet the Company’s enhanced Product Safety compliance standards. Products that are not listed on the manifest have expired, or lack in compliance with internal quality standards shall be returned to the Distributor and the manifest amended. ➢STEP 6 : A Security Specialist escorts the Distributor out of the premises and back to the Distributor Loading Space. ➢STEP 7 : Inventory Controller inputs the newly received products into the track-and-trace system and the POS system with internal tracking RFID codes that integrate with the track-and-race system. ➢STEP 8 : Products are accurately entered into the track-and-trace system and are then stored in the Secure Storage area. ❖INVENTORY MONITORING ➢An accurate record of inventory shall be kept at all times and reconciled at least once every seven (7) days to verify physical inventory matches the records. The records will be made available to any State or local agency upon request. The records shall include the following: ■A description of each item ■Accurate measurement of the quantity of the item ■The date and time the cannabis goods were received ■The sell-by or expiration date, if any ■The name and license number of the licensee that delivered the goods ■The price paid for the cannabis goods, including delivery, taxes, and any other costs ➢As detailed above, all cannabis activity will be recorded in the track-and-trace system, including packaging and the sale of cannabis goods, transportation of cannabis goods from a vendor to confirm receipt of cannabis goods, return of cannabis goods, and the subsequent destruction and disposal. ❖PRODUCT COMPLIANCE RECORDS ➢The Applicant shall hold the company and all personnel to the strictest level of compliance with all applicable laws and regulations regarding the tracking and record-keeping of cannabis inventory. Comprehensive inventory protocols will begin day one of any cannabis inventory on-site. Thorough record-keeping will be a requirement of all employment roles at the facility and will include information such as regularly scheduled counts of all packaged inventory on-site, monthly audit and reconciliation of all cannabis inventory on-site, inventory check at the time of each received shipment, cross-check of each transportation manifest and accurate input of all recorded analytics into tracking software to ensure counts are consistent.All appropriate agencies will be notified if a significant discrepancy is discovered. A significant discrepancy in inventory means a difference in actual inventory compared to records pertaining to an inventory of at least $1,000 or one (1) percent of the average monthly sales of the licensee, whichever is less. ➢Records will be maintained by the General Manager in accordance with 16 CCR § 5037. Hard copy records shall be stored in an area where the records are protected from debris, moisture, contamination, hazardous waste, fire, and theft. Records shall be kept in a manner that allows records to be produced for the BCC immediately upon request at the licensed premises in either hard copy or electronic form, whichever the BCC requests. All records shall be legible and shall be kept for a minimum of seven (7) years. ➢The Company shall act in accordance with 16 CCR § 5037(a)(3) as it pertains to records related to employee training. Records will include but are not limited to: the name of the employee; training administered; the name of the individual or party providing the training; date of the training, date of retention examinations; scores for retention examinations; and additional retraining as needed. The General Manager will maintain a training matrix for each employee. The training matrix shall track annual renewal and expiration dates for internal SOPs, training programs, and work instructions. This includes training provided by third-party specialists. The General Manager will log the expiration and renewal dates into the Company’s digital database and management system. The system will send notifications to managers 60 days before the expiration or renewal date. The training matrix will track compliance to ensure each employee has the proper permit required. ❖STORAGE OF INVENTORY ➢The Applicant will store all cannabis goods in an environment designed to permit control of temperature and humidity to prevent the entry of contaminants such as smoke and dust. The area in which the aforementioned cannabis goods are stored will not be exposed to direct sunlight. Cannabis goods will never be stored outdoors. All employee break rooms and bathrooms shall be separated from any and all storage and public-facing areas. Cannabis goods that require refrigeration will be stored at 35 to 42 degrees Fahrenheit or as specified by the product label. In addition, the Inventory Controller will provide necessary consultation and advice to the GM & COO to ensure that cannabis goods are stored in a darkened area with no more than 60% humidity. JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 84 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ➢The Company will design the proposed retail Site with engineering controls tailored to a cannabis retail environment. The system will feature humidity and temperature controls via a modern HVAC system designed and installed by a certified industrial hygienist. The HVAC system will meet the requirements of the International Organization for Standardization (ISO) 14644-1. ➢The HVAC system and storage equipment will be monitored daily. Any parameters that fall outside the tolerances of the setpoints will trigger a CAPA plan. Further, all HVAC equipment related to humidity and temperature control, as well as storage cabinets and refrigerators, will have customized preventive maintenance plans and schedules implemented via a modern preventative maintenance software system. The Inventory Controller will review all CAPA events and preventive maintenance checks with the Inventory Controller every quarter for continuous improvement should any equipment require retrofitting, upgrade, maintenance, or replacement. ❖PRODUCT ACCESS PROTOCOLS ➢All interior and exterior doors are to be equipped with industrial-grade electronic door lock-sets. Industrial grade doors will be equipped with radio frequency (RF) readers, requiring an appropriate-level employee ID card to access. This includes all points of ingress/egress and access points to the front entrance, inventory loading zone, Retail Sales Floor, Back of House (BOH), Receiving Inventory/Process room, the reception Lobby, and Secure Inventory Product Storage. ➢Permission to enter the management and executive offices will be limited to those with credentials approved by a representative from ownership and/or management. ■Electrified locks and RF readers will be programmed to open only for those with permitted access cards. All ownership, management, advisors, consultants, employees/staff, agents, officers, or other persons acting for or employed by the Applicant will be over the age of 21 and will display a color-coordinated and RF-coded laminated or plastic-coated identification badge at all times while engaging in CCB activity. ■Logs and records will be kept for each time a badge is used to access an area for auditing purposes. The identification badge will, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph sized at least 1 inch in width by 1.5 inches in height that clearly shows the employee’s face. The ID badge will also be required for all limited-access areas. ➢In the event of a power failure, all secured access doors will be accessible by a physical master key that only the business owner will have access to. All electronic locks will not be released if power is lost. ➢All products will be stored in a safe/security room that will be secured by a metal door and metal frame. The walls of the room will be layered with a metal barrier mesh for additional security. The room will be accessible by the aforementioned access control and ID badge protocol. ➢The safe room will initially have two commercial-grade UL-certified safes with a TL rating of TXTL-60x6 made of metal which will be securely anchored to the concrete floor. Any required refrigerated products will be in a lockable refrigerator that is securely fastened to the building. ➢Prior to business hours each day, only the quantity of cannabis and cannabis products reasonably anticipated to meet the daily demand shall be moved from the secured storage to the retail area, either on display shelving and cases or into the product fulfillment area. All other products will be kept behind sales counters and within secure locking drawers. ➢Only cannabis items that have been confirmed to be in compliance with all testing, packaging, and labeling requirements – and have been properly entered into the COVA system along with applicable business records – will be allowed to be transported from the Secured Product Inventory Storage room into the Retail Showroom sales floor. ❖EXIT PACKAGING ➢Each product will be pre-packaged uniquely by BCC licensed suppliers and in compliance with safety standards. ➢The Applicant ensures that no cannabis goods purchased by a patient or customer leaves the dispensary unless placed in an exit package that meets all of the following requirements: ■The exit packaging shall be designed or constructed to be child-proof yet not difficult for adults to use properly. ■The exit packaging shall be opaque so that the cannabis products are not visible externally. ❖TRANSPORTING & DELIVERING CANNABIS GOODS ➢The Company is applying for a cannabis storefront and will conduct retail sales by delivery as defined in Business and Professions Code section 26001(p) pursuant to 16 CCR §§ 5415 to 5421. In compliance with 16 CCR § 5417(e), The Company will provide the year, make, model, color, VIN, and license plate number for each delivery vehicle. The Company will equip each delivery vehicle with security, storage, and GPS systems compliant with the requirements of the 16 CCR§ 5417(d). JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 85 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ➢The Company is responsible for implementing delivery employee training procedures at the proposed cannabis storefront. The SOPs draw from current industry best management practices and standards for delivering cannabis goods and are compliant with 16 CCR. ➢Security & Surveillance:The Company will equip each delivery vehicle with an active alarm that includes a vehicle shock sensor. The alarm system will be smartphone compatible and will notify the driver immediately if the system is activated. Transmission between the alarm system and any smartphone will be encrypted to prevent hacking of the alarm system. The alarm system features a two-way remote that allows delivery drivers to arm and disarm the alarm system and lock and unlock vehicle doors. ➢The Company will contract with a third-party provider for additional fleet security. The provider will install an NVS data video system that includes up to three surveillance cameras and a cloud-based management system. One camera will be installed in the passenger cabin, allowing a clear view of the driver and access to the console vault. The vendor will install two cameras on the exterior of the car. One camera will record the vehicular path or travel. The other camera will record access to the car’s trunk and product vault. ➢GPS:The Company shall act in accordance with 16 CCR § 5417(d). The Company will outfit each delivery vehicle with a dedicated Global Positioning System (GPS) to identify the real-time geographic location of the car. The GPS will record a history of all locations traveled to while engaged in delivery. The GPS is part of the aforementioned NVS data video system installed by a third-party vendor and will meet all requirements of the CCR. The dedicated GPS device will be permanently affixed to the delivery vehicle and will remain active during deliveries. At all times, the Company will be able to identify the geographic location of all delivery vehicles that are making deliveries for the Company. The Company shall provide this information to the Bureau upon request. The history of all locations traveled to by a delivery employee while engaging in delivery shall be maintained by the licensee for a minimum of 90 days. The Company will verify the working condition of the GPS device and verify each accuracy and quantity of cannabis goods before departure. ➢The verification checks will be documented on the trip log described by 16 CCR § 5418(f). The Company will review the operational effectiveness of the dedicated GPS device quarterly and implement corrective action and preventive action measures for continuous improvement and compliance. The Company will verify the working condition of the GPS device before departure for each quantity of cannabis goods associated with a district inventory ledger for each distinct route. The verification checks will be documented on the trip log described by 16 CCR 5418(f). ➢Storage:The Company is responsible for implementing SOPs for the storage of cannabis goods in delivery vehicles. Applicant’s SOPs for storage of cannabis goods in delivery vehicles draw from current industry BMPs and standards for the delivery of cannabis goods compliant with the 16 CCR. ➢While carrying cannabis goods for delivery, employees will ensure the cannabis goods are not visible to the public. Cannabis goods will be locked in a fully enclosed trunk vault securely bolted to the inside of each delivery vehicle. The trunk vault features a vehicle-specific installation that utilizes factory points where possible. The trunk vault will include a mechanical combo lock with key override. The Company will install a separate vault in the center console of each delivery vehicle. The console vault will be constructed of 12-gauge steel and will include a mechanical combo lock. Per Company policies and operational procedures, all cash will be stored in the console vault. Also, no cannabis product is to be stored in the console vault. Delivery employees will not leave cannabis goods in an unattended motor vehicle unless the motor vehicle is locked and equipped with an active vehicle alarm system. Any cannabis goods left in an unattended vehicle must be stored in a container as required by 16 CCR. ❖MONITORING & TRACKING PRODUCT RECALLS ➢The Applicant should provide a recall policy that includes all requirements, per state law (17 CCR § 40268), which states: A licensee shall establish and implement written procedures for recalling cannabis products manufactured by the licensee determined to be misbranded or adulterated. These procedures shall include: ■(a) Factors which necessitate a recall; ■(b) Personnel responsible for implementing the recall procedures; and ■(c) Notification protocols, including: ●(1) A mechanism to notify customers and patients that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate. Outreach will be conducted through public service announcements (PSA), text messages, all social media platforms, and in-store placards. ●(2) A mechanism to notify any licensees that supplied or received the recalled product; ●(3) Instructions to the general public and/or other licensees for returning and/or destroying recalled products. ■(d) Procedures for the collection and destruction of any recalled product. Such procedures shall meet the following requirements: ●(1) All recalled products that are intended to be destroyed shall be quarantined for a minimum of 72 hours. The Applicant shall affix to the recalled products any bills of lading, shipping manifests, JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 86 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) or other similar documents with product information and weight and shall notify the Department of the quarantine. The product held in quarantine shall be subject to auditing by the Department. ●(2) Following the quarantine period, the licensee shall render the recalled cannabis product unusable and unrecognizable in accordance with 17 CCR § 40290 and do so on video surveillance in accordance with 17 CCR § 40205. Except as provided in subparagraph (A), recalled cannabis product that has been rendered unusable and unrecognizable is considered cannabis waste and shall be disposed of in accordance with 17 CCR § 40290, cannabis waste management. ●(3) The Applicant shall dispose of chemical, dangerous, or hazardous waste in a manner consistent with federal, State, and local laws. This requirement shall include but is not limited to recalled products containing or consisting of pesticide or other agricultural chemicals, certain solvents or other chemicals used in the production of manufactured cannabis batches, and cannabis soaked in a flammable solvent for the purpose of producing manufactured cannabis batches. ●(4) The Applicant shall not dispose of recalled product in an unsecured area or waste receptacle that is not in the possession and/or control of the Applicant. ■(e) In addition to the tracking requirements set forth in 17 CCR § 40512, a licensee shall use the track-and-trace database and on-site documentation to ensure that recalled cannabis products intended for destruction are identified, weighed, and tracked while on the licensed premises and when disposed of in accordance with this section. For recalled cannabis products, the Applicant shall enter the following details into the track-and-trace database: the product's weight, the reason for destruction, and the date the quarantine period will begin. ■(f) The Applicant shall notify the Department of any recall within 24 hours. ❖SUMMARIZED PROTOCOLS FOR TRACKING & MONITORING CANNABIS GOODS ➢The Company will contract with a third-party provider for on-site security services, and the associated (“Security Specialists”) will meet or exceed City and State of California security guard requirements. Security Specialists will serve in an unarmed or armed capacity, as determined by the Company and the City. Security Specialist personnel will be licensed by the State of California Bureau of Security and Investigative Services. ➢The Company acknowledges that there are considerable risks in operating a cannabis-related business. Those risks include risk of burglary, robbery, internal theft, theft by outside parties, product diversion by both employees and customers, risk of minors accessing the product, and risk to the safety of staff, vendors, customers, and the general public. A well-documented chain of custody transfer of cannabis goods between licensees is crucial in providing a safe, reliable consumer product. The Company is committed to ensuring a safe environment that mitigates as much risk as reasonably possible. All chain of custody transfers will occur under strict security and surveillance protocols outlined in the Security Plan. ➢The Security Plan clearly depicts and defines areas of the facility where the chain of custody transfer of cannabis goods will occur in the cannabis activity description section. The inventory Intake/Loading area is where cannabis goods are received from distributors. All cannabis products that are received are categorized and placed within the POS system for tracking purposes through an RFID scannable code under electronic video surveillance from multiple angles with security personnel present. DIVERSION PREVENTION POLICIES & PROCEDURES The Company has successfully deterred employee theft at long-standing cannabis retail storefront operations with no employee inventory theft. The following measures have been developed in conjunction with a professional security firm. ❖LIMITED-ACCESS AREAS ➢Employee Check-In: When reporting for an assigned shift, employees will enter the cannabis storefront through the main entrance. Once inside, the receptionist will verify employee credentials before granting access to any additional cannabis storefront areas. Any unauthorized person will be denied access to the cannabis storefront and must vacate the premises. The Receptionist will have a video monitor at their desk to regulate the Retail Area, as well as access to a hold-up panic alarm. ➢To separate those that can enter the limited-access areas (such as the Product Vault) from the retail or unrestricted areas, The Company will establish interior access control entry points and limited-access areas. These points separate the area restricted from public entrants or unauthorized employees; most notably, areas with customers will be separated from areas related to storage, handling of cannabis, or security information. Limited-access areas will only be accessible to employees requiring such access to perform functions. Managers will schedule this access. A commercial-grade electronic access control system that requires smart access cards will be used to regulate points of access to the facility that are off-limits to adult-use customers and qualifying patients. The access control system will be integrated into the security system and will monitor and keep records of all individuals accessing employee JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 87 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) areas. Smart access cards will be specific to each individual employee and will restrict employees from gaining entrance to any area of the facility not cleared for access. Electronic entry into limited access areas will be logged into the access control system and available for review or audit. Only employees and authorized vendors will be permitted to enter the facility through the Loading & Unloading/Employee Entrance. ➢Employees are required to have their company-issued identification employee badges in their possession while at the retail premises in compliance with 16 CCR § 5043.Access levels are specific to job types and categories. All non-managerial level employees are allowed access to rooms located at the retail premises for which they have been approved and granted access. Security Personnel is responsible for verifying customer and visitor credentials’ legitimacy before allowing them to access the storefront retail facility. The Security Personnel will not allow any individuals to access the retail facility if their credentials are fraudulent, invalid, or expired in accordance with 16 CCR § 5400 and § 5402, which depicts requirements for Access to Retailer Premises and Customer Access. ❖SEPARATE CHECK-IN AREA ➢The Company has designed the proposed facility to include a separate check-in area where managers verify employee credentials before allowing them access to the product vault. The Company will implement complementary security and access control measures to ensure that no unauthorized employee gains access to any area where cannabis products are stored. These security and access control measures are compliant with 16 CCR §§ 5042, 5044, 5046, and 5047, which provide regulations for limited-access areas, video surveillance, locks, and alarm systems. The Company will limit access to authorized personnel, law enforcement agencies, security system service employees, and authorized County officials. The Company has contracted with a Security Specialist to prepare and implement the Security Plan (Section 6 of this CCB Application), which draws from current industry best management practices and standards for system design and security equipment. ➢The separate check-in area is directly adjacent to the product vault. Any employee requiring access to the product vault will need to have a manager or director verify their access level. If approved, employees will be allowed to access the product vault. The Company will maintain a record of all employees who enter the product vault. These records will be made available to local authorities and the Bureau of Cannabis Control upon request. The records will include the following information: ■Name of employee ■Name of Manager/Director who approved access ■Date and Time of access ■Description/Quantity of any cannabis products removed ■Description/Quantity of any cannabis products stocked POINT OF SALE SYSTEM & TRACK-AND-TRACE (METRC) The Company will create and maintain an active and functional account with Metrc, the State-approved track-and-trace system, prior to engaging in any CCB activity to prevent the possible diversion, theft, or loss of any cannabis product. The Company will designate an owner for the track-and-trace system Account Manager in compliance with 16 CCR § 5048(b). The Owner will designate the Inventory Controller to oversee the track-and-trace process. The Owner and Inventory Controller may authorize additional employees as track-and trace-system users and will ensure that each user is trained on the track-and-trace system prior to its access or use. All designated staff will attend and successfully complete all required track-and-trace system training, including orientation and continuing education activities. ❖TRACK & TRACE ➢The Applicant will report all identifying information for all cannabis and cannabis products, including purchase, sale, test, packaging, transfer, transport, return, destruction, or disposal of any cannabis goods. ➢The Company’s designated Account Manager will monitor all compliance notifications from the track-and-trace system and provide timely resolution to the issues detailed in the compliance notification. TheGeneral Manager and/or Operations Manager will keep a record, independent of the track-and-trace system, all compliance notifications received from the track-and-trace system and note down how and when compliance was achieved. ➢The Company, through its existing executive management and ownership group, has developed relationships with existing licensed laboratory testing facilities which will ensure only safe products are made available for purchase. ➢The Company’s team has experience with CCB industry Point-of-Sales (“POS”) systems and inventory management systems. Specifically, the team operates state-compliant CCB retail storefronts in California utilizing a specialized cannabis retail POS and inventory JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 88 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.a Packet Pg. 89 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) last documented location of the item in the track-and-trace system and return to that location to visually inspect the area for the items. A manager or director will then check for missing paperwork or documentation. The manager or director will review all invoices and sales records to ensure that documentation is accurate and up-to-date. The manager or director will interview all employees that worked that day to help identify potential causes for the missing product or discrepancy. The Company will review all audit reports to determine when the loss of product or errant data entry event occurred, when possible. A review of all video surveillance records within that timeframe will be conducted to ascertain the moment of product loss or flawed data entry. PRE-OPERATIONS TIMELINE ❖The proposed improvements to relocate to STE A can be referenced in the Location section and its associated preliminary architectural plans. ❖The Company is prepared and has every intention to get open within six (6) months, contingent on review needed with the City’s planning and/or building departments. During these six (6) months, simultaneously with the above, the Company shall: ➢Prepare for property occupancy; identify permits required by San Bernardino; discuss modifications to the location with applicable City departments, confirm with planning and building departments for reviews, ensure fire, seismic, and ADA requirements to verify standing with current codes; identify and seek bids from general contractors, plumbers, and electricians (as applicable); re-evaluate tenant improvements timetable and budget; assign contractor; evaluate incentives for eco-friendly building practices and standards. ➢Conduct tenant improvements and installation as needed per the Company's development plan: finalize contracts with all groups involved with improvements: architect, engineering, general contractors, plumbers, electricians, security, as required. Update planned timeline. ➢Ensure plans meet industry best practices; identify supply chain connections; finalize initially planned product offerings; finalize potential contractors: security installation, on-site security, armored transport for cash management, janitorial service, tech support for offices, inspect and check secure storage functionality, etc. ➢Develop and circulate marketing materials, community outreach, including discussions with non-profit organizations with the potential to sponsor or host fundraisers or events. ➢Establish Metrc and Cova tests internally, and identify users to report for State-mandated training. ➢Compliance commitment: internally finalize standard operating procedures and prepare on-site manual; verify compliance; monitor the State website on scheduled publication dates for updates to regulations, as applicable. ➢Prepare for the launch of operations: secure insurance and workers’ compensation; meet with local labor union representatives; hire Managers, finalize interviews and begin hiring support staff. ➢Finish hiring and training all staff on all Applicant SOPs; receive unique product identifiers, and begin inventory control. FINANCIAL SUMMARY JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 90 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ❖Above, please view the initial start-up budget as a contribution schedule depicting estimated costs associated with construction/improvement, security surveillance installation, furniture & fixtures, computer/electronic equipment, and other associated miscellaneous costs. It also includes three (3) months of operating expenses, primarily for employee payroll associated with training, a cash reserve, inventory, professional fees, and initial licensing/permitting costs. ❖Please view the Pro-Forma depicting three (3) years of operations. ❖Please view Proof of Capitalization in the form of a bank statement that identifies sufficient capital in place to pay for startup costs and operating expenses as seen above. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. 3YR PRO FORMA & PROOF CAPITALIZATION TO FOLLOW] JIVA SBD LLC dba COOKIES | RELOCATION APPLICATION | CCB RETAIL STOREFRONT | SAN BERNARDINO 6.a Packet Pg. 91 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) San Bernardino Proforma 2021 2022 2023 INCOME STATEMENT Recreational Flower 7,744,209 7,744,209 7,744,209 Concentrates 1,906,267 1,906,267 1,906,267 Edibles 1,548,842 1,548,842 1,548,842 Topicals 119,142 119,142 119,142 Pre-Rolls 178,713 178,713 178,713 Accessories & Clothing 416,996 416,996 416,996 Total Recreation Gross Revenue 11,914,168 11,914,168 11,914,168 Medical Flower 2,005,791 2,005,791 2,005,791 Concentrates 493,733 493,733 493,733 Edibles 401,158 401,158 401,158 Topicals 30,858 30,858 30,858 Pre-Rolls 46,287 46,287 46,287 Accessories & Clothing 108,004 108,004 108,004 Total Medical Gross Revenue 3,085,832 3,085,832 3,085,832 Total Gross Revenues $18,931,073 $18,931,073 $18,931,073 San Bernardino State Sales Tax (7.75%)1,345,448 1,345,448 1,345,448 San Bernardino Local Sales Tax (4%)591,000 591,000 591,000 California Cannabis Excise Tax (13.5%)1,994,625 1,994,625 1,994,625 Total Gross Revenues (net of sales and excise $15,000,000 $15,000,000 $15,000,000 Discounts 225,000 1 50%225,000 1 50%225,000 1 50% Net Revenue 14,775,000 14,775,000 14,775,000 COGS 6,870,000 45 80%6,870,000 45 80%6,870,000 45 80% nventory Write-offs 150,000 1 00%150,000 1 00%150,000 1 00% Total COGS 7,020,000 46 80%7,020,000 46 80%7,020,000 46 80% Gross Margin 7,755,000 51 70%7,755,000 51 70%7,755,000 51 70% GM%51 70%51 70%51 70% Payroll Expense 1,650,000 11 00%1,620,000 10 80%1,605,000 10 70% Bank Service Fees/Cash Over/Short 255,000 1 70%255,000 1 70%255,000 1 70% Supplies/ T/Postage Expense 160,500 1 07%160,500 1 07%160,500 1 07% Seed to Sale Tracking Software Expense 6,000 0 04%6,000 0 04%6,000 0 04% Occupancy Expense 120,600 0 82%120,600 0 80%120,600 0 80% Repairs & Maintenance 81,000 0 54%81,000 0 54%81,000 0 54% Security 300,000 2 00%300,000 2 00%300,000 2 00% Travel Expense 32,000 0 21%32,000 0 21%32,000 0 21% Utilities 61,500 0 41%61,500 0 41%61,500 0 41% Royalty Fees/Mgmt Fees 1,050,000 7 00%1,050,000 7 00%1,050,000 7 00% Marketing Expenses 45,000 0 30%45,000 0 30%45,000 0 30% Professional Fees 112,500 0 75%112,500 0 75%112,500 0 75% nsurance Expense 88,800 0 60%95,230 0 64%106,530 0 72% Licensing & Permits 95,000 0 63%95,000 0 63%95,000 0 63% Total Operating Expense 4,057,900 27 05%4,034,330 26 90%4,030,630 26 87% EB TDA 3,697,100 24 65%3,720,670 24 80%3,724,370 24 83% EBITDA % of Gross Revenue 24 65%24 80%24 83% Depreciation & Amortization 135,000 0 90%135,000 0 90%135,000 0 90% 6.a Packet Pg. 92 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) EB T 3,562,100 23 75%3,585,670 23 90%3,589,370 23 93% State Corporate ncome Taxes 293,873 1 96%295,818 1 97%296,123 1 97% Federal Taxes (280E)1,628,550 10 86%1,628,550 10 86%1,628,550 10 86% Net Profit 1,639,677 10 93%1,661,302 11 08%1,664,697 11 10% Net Profit %10 93%11 08%11 10% 2021 2022 2023 BALANCE SHEET Cash 692,557 688,859 388,556 nventory 438,750 438,750 438,750 Total Current Assets 1,131,307 1,127,609 827,306 Fixed Assets (net of Depr )668,333 541,666 414,999 ntangibles (net of Amort )74,168 65,835 57,502 Total Assets 1,873,808 1,735,110 1,299,807 Accounts Payable 292,500 292,500 292,500 Other Current Liabilites 0 0 0 Total Current Liabilities 292,500 292,500 292,500 Owner's Equity 158,369 318,692 757,390 Net ncome 1,639,677 1,661,302 1,664,697 Total Liabilities & Owner's Equity 1,773,808 1,635,110 1,199,807 100 000 100 000 100 000 2021 2022 2023 STATEMENT OF CASH FLOWS Operating Activities Net ncome 1,639,677 1,661,302 1,664,697 Change in Current Assets/Liabilities 7,313 0 0 Depr 135,000 135,000 135,000 Net Cash Flow from Operations 1,767,364 1,796,302 1,799,697 Real Assets 0 0 0 ntangibles 0 0 0 Distribution to Owners 1,500,000 1,800,000 2,100,000 Net Cash Flow from nvesting 1,500,000 1,800,000 2,100,000 Equity ssued 0 0 0 Debt ssuance 0 0 0 Net Cash Flow from Financing 0 0 0 Beginning Cash 425,193 692,557 688,859 Net Change in Cash 267,364 3,698 300,303 Ending Cash 692,557 688,859 388,556 0 0 0 2021 2022 2023 CONTRIBUTION SCHEDULE (EXPANS ON COSTS) Build Out Costs 855,000 Construction Cost 600,000 Security/Surveillance 25,000 Operational Setup 0 Professional/Legal Fees 40,000 Furniture & Fixtures 150,000 Computer Equipment 40,000 Other 0 Operating Expenses 0 Employee Payroll (training)0 Other 0 6.a Packet Pg. 93 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Cash Reserve 0 nventory 0 Legal/Professional Fees 0 Licenses'0 Total Contribution (start up costs)855,000 0 0 Introduction: The estimated annual sales of cannabis and related products were based on the following three step process 1 ) Estimates based on demographics of the MSA (metropolitan statistic area) combined with historical information of location 2 ) Combined with comparison of existing retail units owned or affiliated with this potential licensee 3 ) Combined with knowledge of seasoned employees with experience in retail and determining performance of MSA's Michael Kramer Retail seasoned veteran operating retail brands such as Apple retail Forever 21 Abercrombie & Fitch and others 6.a Packet Pg. 94 Attachment: Attachment 1 - CCB 21-0002 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) THE ROW HOUSE C OMMERCIAL C ANNABIS B USINESS P ERMIT A PPLICATION R ETAIL C ONFIDENTIAL T REATMENT R EQUESTED C ITY OF S AN B ERNARDINO J UNE 2018 6.b Packet Pg. 95 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Table of Contents Page 1 of 1 TABLE OF CONTENTS SB PHARMA HOLDINGS INC DBA “THE ROW HOUSE” HEREBY SUBMITS A COMPLETE AND COMPLIANT COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION, IN ACCORDANCE WITH THE CITY OF SAN BERNARDINO 05/21/2018 PROCEDURE GUIDELINES AND 05/16/2018 APPLICATION FORM. ENCLOSED ON THE FOLLOWING PAGES ARE: 1. Complete, signed copy of the Commercial Cannabis Business Permit Application Form, including the Application Submittal Requirements1: 2. Proof of Live Scan fee payment for each of the Owners/Principals 3. Completed Zoning Verification Letter issued by the City 4. All supplemental information to be evaluated in Phases 1, 2 and 3 as described in Appendix A: Description of Evaluation Criteria a. Qualifications of Owners/Principals b. Location, including: i. Proof of lease agreement & owner’s willingness to lease c. Neighborhood Compatibility Plan d. Environmental Impact Mitigation e. Local Enterprise f. Business Plan i. Pro forma for at least three years of operation g. Enhanced Product Safety h. Safety Plan i. Security Plan i. Floor Plan j. Community Benefits k. Exhibits supporting Appendix A 5. Indemnification Agreement 6. International Background Check Information – not applicable 7. Background Waiver Form – not applicable 1 Note: The Application Submittal Requirements includes requirements for the Completed Application Form, which is self-referential and not duplicated here, and for the Filing Fee. The Filing Fee will be paid at time of application submittal and is not duplicated in the content. 6.b Packet Pg. 96 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION FORM C OMPLETE, SIGNED COPY OF THE C OMMERCIAL C ANNABIS B USINESS P ERMIT A PPLICATION F ORM T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 97 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org Commercial Cannabis Business Permit – Relocation Application Project Address / Location: Assessor’s Parcel Number [APN]: Zoning District: General Plan Designation: APPLICANT NAME: Address: Phone: City: Email: PROPERTY OWNER NAME: Address: Phone: State: Email: (Please Note the following: If the applicant or property owner is a trust, partnership, corporation, or LLC, on a separate sheet, provide a list of all persons that make up the trust, partnership, corporation, or LLC.) APPLICATION TYPE: New Business Business Renewal Amended Application Change of Location Change of Ownership Additional Services are subject to inspection and consultant fee as identified in the Application Procedure Guidelines). COMMERCIAL CANNABIS BUSINESS PERMIT (CCB)TYPE (Please select from one of the following categories): Cultivation Distribution Manufacturer Retailer Retailer to include Delivery Testing Microbusiness (Please identify all business activities): _________________________________________________ ____________________________________________________________________________________________________________ DESCRIPTION OF PROJECT: State: CA Zip Code: City:Zip Code: 2015 Diners Court San Bernardino, California 92408 APN 0141-402-36-0000 Commercial District CR-3 SB Pharma Holdings Inc. dba The Row House San Bernardino 92408 Valmor Limited, LP c/o Summit Team, Inc. X X SB Pharma Holdings Inc, dba The Row House is applying to open a cannabis retail dispensary dedicated to providing discreet service and premium products to both recreational cannabis consumers and medical cannabis patients throughout the San Bernardino community. With a focus on high-quality care from highly trained, compassionate staff, The Row House will operate its business with integrity and awareness, finding creative and financially sustainable solutions to balance San Bernardino's local interest with the company's longterm success. The Row House is committed to serving as a community hub through hosting educational and outreach events, as well as building partnerships with local nonprofit organizations and civic groups. The Row House team will build on their strengths as partners in previous ventures as well as their expertise in providing high-quality customer service to design a space that feels sophisticated and intimate. Given the leadership team's roots in the community, The Row House is well positioned to establish itself as a community-focused dispensary that embraces the curiosity of customers new to cannabis and projects an air of professionalism for patients and customers who have prior experience with cannabis products. 6.b Packet Pg. 98 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 2 PROJECT INFORMATION FORM Property Information: Square footage of subject property: Square footage of building: Hours of operation (proposed): Total number of employees (proposed): Business Information: Business Name: Business Address: Website Address (if applicable): Business E-mail Address (if applicable): Community Relations Contact: Name: Phone: Title: Email: Environmental Information (Attach additional sheets as necessary): Describe the Business’s Environmental Impact Mitigation Plan. Describe any proposed “green” business practices relating to energy, climate, water conservation, and materials and waste management: ______________________________________________________________ ________________________________________________________________________________________________________________________ Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or explosives: __________________________ 5760 14 initially and 17 by the beginning of year two 5760 Monday - Saturday 10am to 10pm; Sunday: 10am to 8pm SB Pharma Holdings Inc. dba The Row House 1975 Diners Court San Bernardino, California 92408 N/A N/A Angie Mierau CMO & Community Relations Manager The proposal is excluded from CEQA because no discretionary approvals are needed. See CEQA Guideline sections 15002, subd., (i) and 15357. No 6.b Packet Pg. 99 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 3 PROJECT INFORMATION FORM Other Required Information (Attach additional sheets as necessary): List any person(s) who will be engaging in the proposed commercial cannabis business that have been convicted of a felony or have engaged in misconduct that is substantially related to the qualifications, functions or duties of a commercial cannabis business activity. Please keep in mind that a conviction within this section means a plea or verdict of guilty, or a conviction following a plea of no contest: ________ List whether, the applicant(s) has other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other licenses and or permits relating to similar business activities as in the permit application. If yes, please list the type, current status, issuing/denying for each license/permit: __________________________ Provide the name and address of the closest school(s) to proposed business location: ________ Provide the name and address of the closest existing alcohol related establishment(s) to proposed business location: _______________ Description of neighborhood around the proposed location (surrounding uses, nearby sensitive uses (such as schools, youth centers churches, parks, daycare centers, or libraries), transit access to site, etc.): _______________________ N/A N/A Loma Linda Academy 10656 Anderson St, Loma Linda, CA 92354 2mi 20/20 Bar & Grill - 1987 Diners Court, San Bernardino, CA 92408 The proposed location at 1975 Diners Court in San Bernardino lies in a Commercial Regional-3 zone, which has a variety of mixed uses, including restaurants, hotels and retail. The San Bernardino Freeway (I-10) acts as the area's main arterial, and the site is located near I-215 junction, making the commercial corridor highly connected to the greater Inland Empire region. There are no sensitive uses as defined near the site 6.b Packet Pg. 100 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 4 APPLICATION SUBMITTAL REQUIREMENTS The following items shall be submitted with all applications (2 physical copies and 1 electronic copy): Copy of the completed Zoning Verification Letter issued by the City Completed Application Form Filing Fee Site Plan (see below for requirements) Floor Plan (see below for requirements) Elevations (photographs may be provided) Photographs of existing site Area Map (see below for requirements) Live Scan Payment Business Owner(s) Background Information Forms Supplemental Evaluation Criteria (see below for requirements and Appendix A) Mailing list identifying all owners of property located within 600 feet of the proposed business location Mailing labels identifying all owners of property located within 600 feet of the proposed business location Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of property located within 100 feet of the proposed business location (Please Note the following: Incomplete applications will not be accepted.) Supplemental Evaluation Criteria (See Appendix A): (All information shall be provided as required in the Application Procedure Guidelines for Commercial Cannabis Businesses (CCB). The CCB Application is required to include all items as identified in Appendix A in detail in order to fully describe the business as if it was open and operating.) Business Plan Location Neighborhood Compatibility Plan Safety Plan Security Plan Supplemental Evaluation Criteria for all applicants proposing to establish a Cultivation facility: Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light) Description of a legal water source, irrigation plan, and projected water use Identification of the source of electrical power and plan for compliance with applicable Building Codes and other related codes Plan for addressing odor and other public nuisances that may derive from the cultivation site 6.b Packet Pg. 101 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 5 APPLICATION SUBMITTAL REQUIREMENTS (Continued) Site Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Dimensions of subject property – including square footage Dimensions and names of all adjacent streets and public rights-of way Location and dimensions of all buildings and structures – including square-footage Location and dimensions of landscaped areas Location of all parking areas and driveways and means of ingress and egress Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks Uses for all buildings and structures indicated on the site plan Floor Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): North arrow, drawing scale, date of preparation and name of plan preparer Location and dimensions for means of ingress and egress Square footage of all interior spaces Proposed uses of all interior spaces Area Map (shall contain a minimum of the following information): Location of subject property Location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property Location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property The Area Map shall identify the existing uses of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property on the map All sets of plans must be assembled and folded to a size of 8.5” X 11”. Plans may be printed on no larger than an 11”x17” sheet of paper. OFFICE USE ONLY Date Filed: Previous Case: Case Number: Receipt Number: Fees: Submitted To: 6.b Packet Pg. 102 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business Permit Application Rev. 08/2020 6 AUTHORIZATION FORM APPLICANT CERTIFICATION I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff, Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application I understand that agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code and state law. Name Signature Title Date Ryan Mierau COO 8/30/21 6.b Packet Pg. 103 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.b Packet Pg. 104 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business – Appendix A 8/2020 - 1 – APPENDIX A DESCRIPTION OF EVALUATION CRITERIA Location The application should include the following: Physical address and detailed description of the proposed/final location. Proof of ownership, or a notarized letter of the owner’s willingness to lease. Description of all known nearby sensitive use areas. Neighborhood Compatibility Plan The application should include the following: Describe how the Commercial Cannabis Business (CCB), including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. o Additional factors for consideration are religious institutions and/or libraries located within a six- hundred (600) foot radius of the proposed CCB. Business Plan The Business Plan shall be as detailed as necessary to fully describe the operations, including: Description of day-to-day operations, pursuant to Section 5.10.310 of the City of San Bernardino Municipal Code. How the CCB will conform to local pursuant to Section 5.10.280 and Section 5.10.420 of the San Bernardino Municipal Code, California State laws and Guidelines as identified by the Bureau of Cannabis Control (BCC), California Department of Public Health (CDPH) Manufactures Cannabis Safety Branch, and California Department of Food and Agriculture (CDFA) CalCannabis Cultivation Licensing Division. Describe how and what methods will be used to ensure that cannabis products ensure consumer safety as required by California State laws and Guidelines. How cannabis inventory will be tracked and monitored to prevent diversion (i.e. track and trace systems). A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three (3) months of operating costs, as well as a description of the sources and uses of funds. Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. A pro forma for at least three (3) years of operation. Business Purpose Statement Safety Plan The application should include the following: A detailed safety plan layout and outline. o This plan should describe the fire prevention, suppression, HVAC and alarm systems the facility will have in place. It should include an assessment of the facility’s fire safety by a qualified fire prevention and suppression consultant. An appropriate plan will have considered all possible fire, hazardous material, and inhalation issues/threats and will have both written and physical mechanisms in place to deal with each specific situation. 6.b Packet Pg. 105 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Commercial Cannabis Business – Appendix A 8/2020 - 2 – Security Plan The application should include the following: A detailed security plan layout and outline. o This plan should include a description and detailed schematic of the overall facility security. It should have details on operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, 3rd party contractor security, and delivery security. In particular, applications should address ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed. The security plan shall also include an assessment of site security by a qualified security consultant . Security plans will not be made public. A floor plan showing existing building conditions. A new proposed floor plan shall be submitted, if changes are proposed as part of the project. The floor plan(s) should be accurate, dimensioned and to-scale (Review the CCB Application Submittal Requirements for scale and detail information). 6.b Packet Pg. 106 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) APPLICATION SUBMITTAL REQUIREMENTS & SUPPLEMENTAL EVALUATION CRITERIA Enclosed on the following pages: 1. Copy of the completed Zoning Verification Letter issued by the City 2. Site Plan (in accordance with requirements on page 5 of the Permit Application Form) 3. Floor Plan (in accordance with requirements on page 5 of the Permit Application Form) 4. Elevations (photographs may be provided) 5. Photographs of existing site 6. Area Map (in accordance with requirements on page 5 of the Permit Application Form) 7. Business Owners Background Information (in accordance with requirements on page 4 of the Permit Application Form) 8. Supplemental Evaluation Criteria (in accordance with requirements on page 4 of the Permit Application Form) a. Included as components of Appendix A: i. Air Quality Plan – included in Appendix A as a subsection of the Environmental Impact Mitigation Plan ii. Environmental Impact Mitigation Plan – included in Appendix A as the Environmental Impact Mitigation Plan iii. Inventory Control and Storage Practices – included in Appendix A as a subsection of the Business Plan and Security Plan iv. Local Enterprise Plan – included in Appendix A as Local Enterprise v. Neighborhood Compatibility Plan – included in Appendix A as the Neighborhood Compatibility Plan 6.b Packet Pg. 107 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) vi. Quality Assurance Practices – included in Appendix A as a subsection of Enhanced Product Safety vii. Safety and Security Plan – included in Appendix A as Safety Plan and Security Plan viii. Sustainable Business Practices 1. Environmental business practices are included in Appendix A as Environmental Impact Mitigation 2. Fiscally responsible practices are included in Appendix A as part of the Business Plan b. Included in this section: i. Organizational Structure (including all owners, managers and supervisors) of the proposed business ii. Copy of Articles of Incorporation, by-laws, partnerships agreements, and/or other documentation identifying the Organizational Structure of the proposed business, including: 1. Articles of incorporation 2. Seller’s permit 3. EIN 9. Mailing list identifying all owners of property located within 600 feet of the proposed business location 10. Mailing labels identifying all owners of property located within 600 feet of the proposed business location 11. Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of property located within 100 feet of the proposed business location T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 108 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ZONING VERIFICATION LETTER ENCLOSED ON THE FOLLOWING PAGES ARE: • Completed Zoning Verification Letter from the City of San Bernardino THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 109 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SITE PLAN 1/4” = 1’ minimum Including: • North arrow, drawing scale, date of preparation and name of plan preparer • Dimensions of subject property – including square footage • Dimensions and names of all adjacent streets and public rights-of way • Location and dimensions of all buildings and structures – including square-footage • Location and dimensions of landscaped areas • Location of all parking areas and driveways and means of ingress and egress • Location and dimensions of all handicap parking spaces, ramps, curb ramps and signs • Location and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks • Uses for all buildings and structures indicated on the site plan FLOOR PLAN 1/4” = 1’ minimum Including: • North arrow, drawing scale, date of preparation and name of plan preparer • Location and dimensions for means of ingress and egress • Square footage of all interior spaces • Proposed uses of all interior spaces ELEVATIONS Photograph included on the Title Sheet These items are included in the following plastic sheet protector.1They may appear out of order, as provided by the architect. 1 Architectural drawings of various sizes have been prepared by the Applicant; it was not possible to comply with both the required scale and page size limitations within the same document. The Applicant intends to consult with the City of San Bernardino regarding the desired version for submission with application binders. All drawings will also be immediately available, upon request. 6.b Packet Pg. 110 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) EXISTINGRETAIL5,724 S.F.DINERS CT NOT TO SCALEEXISTING SITE PLAN SCALE: 1" = 20'-0"VICINITY MAPGHGHAH1975 DINERS COURT SAN BERNARDINO, CA 92408 ROW HOUSE COMMERCIAL MIERAUEMPIREDESIGNGROUPInc.CONCEPTUAL SITE PLANAS 1.0SITESITE DATAARCHITECT / EXHIBIT PREPAREREMPIRE DESIGN GROUP, INC.511 N MAIN STREETLAKE ELSINORE, CA 92530PHONE: (951) 696-1490CELL PHONE: (951) 809-7601E-MAIL: ghann@empiregr.bizCONTACT: GREGORY HANN, ARCHITECTADDRESS:1975 DINERS COURTSAN BERNARDINO, CA 92408APN:0141-402-36-0000COUNTY: SAN BERNARDINO159,429 S.F.LOT SIZE:SPECIFIC PLAN:N/AEXISTING ZONE: CR-3 (COMMERCIAL REGIONAL)PROPOSED ZONE: CR-3 (COMMERCIAL REGIONAL)CONSTRUCTION TYPE:OCCUPANCYS:V-B/NON-SPRINKLEREDMDISPENSARY: 5,724 S.F. BUILDING AREAS:PROPOSED LAND USE: RETAIL / COMMERCIALMAX HEIGHT: 35'-0"BUILDING HEIGHT:APPLICANTPARKING REQUIREMENTS:PERMIT NUMBER: TBDEXISTING LAND USE: RETAIL / COMMERCIALTRASH ENCLOSURE: 153 S.F.RYAN MIERAUROW HOUSE COMMERCIAL8711 E. PINNACLE PEAK RD. #237SCOTTSDALE, AZ 85255480-747-2520ryan@rowhouseca.comGENERAL RETAIL; INCLUDING LIQUOR STORES1 SPACE / 200 S.F. OF GROSS FLOOR AREATOTAL PARKING REQUIRED: 29TOTAL PARKING PROVIDED: 117PROJECT DESCRIPTION (SOW)1. TENANT IMPROVEMENT OF EXISTING 5,724 S.F. SUITE FOR MARIJUANADISPENSARY.8/30/2021 1:39:17 PM 6.bPacket Pg. 111Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) DATALOBBYEXITUNISEXRESTROOMCONFERENCEROOMENTERSALESOFFICE#2HALLWAYOFFICE#3FLOWERTABLETRAINING ROOMDELIVERY &RECEIVINGPODIUMBREAK ROOMCOUNTERSECURED STORAGE/SAFEHALL [EMPLOYEE]REF"UNISEXRESTROOMOFFICE#1MANTRAPCONCEPTUALFLOOR PLANA 1.0GHGHAH1975 DINERS COURT SAN BERNARDINO, CA 92408 ROW HOUSE COMMERCIAL MIERAUEMPIREDESIGNGROUPInc.SCALE: 3/16"=1'-0"ACONCEPTUAL FLOOR PLAN8/30/2021 1:39:54 PM 6.bPacket Pg. 112Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) PHOTOGRAPHS OF EXISTING SITE ENCLOSED ON THE FOLLOWING PAGES ARE: • Photographs of existing site (Interior) • Photographs of existing site (Exterior) 6.b Packet Pg. 113 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Location – Photographs of Existing Site PHOTOGRAPHS OF EXIST ING SITE (EXTERIOR) 6.b Packet Pg. 114 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) AREA MAP ENCLOSED ON THE FOLLOWING PAGES ARE: • Map showing the location of subject property • Map showing the location of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property o Labeled as the 600’ Preliminary Radius Map and is included in a plastic sheet protector • Map showing the location of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property • Map showing the existing uses of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property on the map o All these items are marked on the 600’ Preliminary Radius Map included above; the map is not duplicated 6.b Packet Pg. 115 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 0141-402-36 650ft. Radius 6.b Packet Pg. 116 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in 016432137 014140236 016432127 016432180 014140220014137232 014141236 014140226 014140214 016432128 014140221 014141220 016432145 014140240014140235 014140219 014140242 014140233 014141232 014141238 014141235 014141237 014141230014141233 014140317 014140313 014141240 016432124 014141239 014140225 014141231 016432116 014140230 014140305 014140315 014141234 014140316 014140314014140318 014137216 0141-402-36 650ft. Radius 6.b Packet Pg. 117 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in NOT TO SCALE600' PRELIMINARY RADIUS MAPSCALE: 1" = 120'-0"VICINITY MAPGHGHAH1975 DINERS COURT SAN BERNARDINO, CA 92408 ROW HOUSE COMMERCIAL MIERAUEMPIREDESIGNGROUPInc.SITE DATAARCHITECT / EXHIBIT PREPAREREMPIRE DESIGN GROUP, INC.511 N MAIN STREETLAKE ELSINORE, CA 92530PHONE: (951) 696-1490CELL PHONE: (951) 809-7601E-MAIL: ghann@empiregr.bizCONTACT: GREGORY HANN, ARCHITECTADDRESS:1975 DINERS COURTSAN BERNARDINO, CA 92408APN:0141-402-36-0000COUNTY: SAN BERNARDINO159,429 S.F.LOT SIZE:SPECIFIC PLAN:N/AEXISTING ZONE: CR-3 (COMMERCIAL REGIONAL)PROPOSED ZONE: CR-3 (COMMERCIAL REGIONAL)CONSTRUCTION TYPE:OCCUPANCYS:V-B/NON-SPRINKLEREDMDISPENSARY: 5,724 S.F. BUILDING AREAS:PROPOSED LAND USE: RETAIL / COMMERCIALMAX HEIGHT: 35'-0"BUILDING HEIGHT:APPLICANTPARKING REQUIREMENTS:PERMIT NUMBER: TBDAREA MAPAS 1.1EXISTING LAND USE: RETAIL / COMMERCIALTRASH ENCLOSURE: 153 S.F.RYAN MIERAUROW HOUSE COMMERCIAL8711 E. PINNACLE PEAK RD. #237SCOTTSDALE, AZ 85255480-747-2520ryan@rowhouseca.comSITEGENERAL RETAIL; INCLUDING LIQUOR STORES1 SPACE / 200 S.F. OF GROSS FLOOR AREATOTAL PARKING REQUIRED: 29TOTAL PARKING PROVIDED: 117600' RADIUS600' RADIUS600' RADIUS 600' RADIUS PROPERTY LINEPROPERTY LINEPROPERTY LINESITE PROJECT DESCRIPTION (SOW)1. TENANT IMPROVEMENT OF EXISTING 5,724 S.F. SUITE FOR MARIJUANADISPENSARY.8/30/2021 1:39:26 PM 6.bPacket Pg. 118Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ZONING VERIFICATION LETTER ENCLOSED ON THE FOLLOWING PAGES ARE: • Completed Zoning Verification Letter from the City of San Bernardino THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 119 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 290 North D St, San Bernardino, CA 92401 | P: 909-384-5357 | F: 909-384-5155 | www.SBCity.org Community Development Department | Planning Division September 8, 2021 Ryan Mierau SUBJECT: ZONING VERFICATION LETTER (ZVL) 21-0012 FOR THE PROPERTY LOCATED AT 1975 S. DINERS COURT (APN: 0141-402-36), SAN BERNARDINO, CA 92408 - APPROVED Mr. Mierau, A Zoning Verification Letter (ZVL) request was submitted on August 30, 2021, for the property located at 1975 S. Diners Court (APN: 0141-402-36). An inspection of the property and the surrounding neighborhood was conducted on September 7, 2021, to determine if the property complies with the City of San Bernardino Municipal Code (SBCMC) Section 5.10.250 relating to zoning, sensitive use buffers and locational requirements. The section states that the property on which the business is located must meet all of the following distance requirements: (1) The parcel shall be no closer than six hundred (600) feet of any residentially zoned or residentially used parcel in the City, the City’s sphere of influence, a neighboring incorporated city, or unincorporated county. (2) The parcel shall be no closer than six hundred (600) feet from any parcel in the City, the City’s sphere of influence, a neighboring incorporated city, or unincorporated county containing any of the following: A. A school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12) that is in existence at the time the permit is issued; B. A commercial daycare center licensed by the City, another city, or County that is in existence at the time the permit is issued; C. A youth center that is in existence at the time the permit is issued; or D. A park that is in existence at the time the permit is issued. The results of the inspection show that the property is in compliance with zoning and all sensitive use buffers. 6.b Packet Pg. 120 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) City of San Bernardino Page 2 of 2 ZVL 21-0012 0010 is valid for six (6) months from the date of the letter. The issuance of this ZVL does not grant any permission, nor permit or entitlement, to operate a Commercial Cannabis Business (CCB). A separate Commercial Cannabis Business Permit (CCB) Application must be filed and approved pursuant to Chapter 5.10 of the San Bernardino Municipal Code. The application process to operate a Commercial Cannabis Business in the City of San Bernardino opened on April 23, 2018 and closed at 4:00 p.m. on June 25, 2018. At this time and until further notice, the City of San Bernardino is not accepting new CCB Permit Applications. If you have any questions please contact me at (909) 384-5357, or via email at Sanchez_Stephanie@sbcity.org. Sincerely, Stephanie Sanchez Economic Development Specialist 6.b Packet Pg. 121 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) APPENDIX A: DESCRIPTION OF EVALUATION CRITERIA A PPENDIX A INCLUDES THE FOLLOWING COMPONENTS: • Qualifications of Owners/Principals • Location • Neighborhood Compatibility Plan • Environmental Impact Mitigation • Local Enterprise • Business Plan • Enhanced Product Safety • Safety Plan • Security Plan • Community Benefits • Exhibits supporting Appendix A T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 122 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) QUALIFICATIONS OF OWNERS/PRINCIPALS D ESCRIBE ANY SPECIAL BUSINESS OR PROFESSIONAL QUALIFICATIONS OR LICENSES OF THE O WNERS/PRINCIPALS THAT WOULD ADD TO THE NUMBER OR QUALITY OF SERVICES, SUCH AS SCIENTIFIC OR HEALTH CARE FIELDS. T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 123 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 1 of 8 QUALIFICATIONS OF OWNERS/PRINCIPALS The Row House will bring to the City of San Bernardino an experienced and professional team with documented individual and group histories of success relating to each of the selection criteria below, including the management of retail businesses. With the wealth of experience and proven records described below, The Row House team will provide customers and patients with high-quality customer service, establishing a compassionate and sustainable environment for medicinal and adult use cannabis services. As detailed in the remainder of this plan, The Row House’s team leaders are: J OSEPH M IERAU • The Row House Co-Owner (80%), Chief Executive Officer (CEO), Chief Financial Officer (CFO) • Owner and Licensed General Contractor of Joseph C Mierau, LLC • Owner of San Bernardino and Redlands City Jimmy John’s Co-Owner R YAN M IERAU • The Row House Co-Owner (20%), Chief Operating Officer (COO), Store Manager • San Bernardino and Redlands City Jimmy John’s Co-Owner, Operator, and Manager A NGIE M IERAU • The Row House Chief Marketing Officer (CMO), Community Relations Manager • San Bernardino and Redlands City Jimmy John’s Director of Catering and Manager K RYSTLE S ANCHEZ • The Row House Dispensary Department Manager • San Bernardino and Redlands City Jimmy John’s General Manager P ROFESSIONAL Q UALIFICATIONS The Row House CEO and CFO Joseph Mierau has run his own business as a licensed general contractor for 37 years, specializing in custom home design and major renovations for multi-million-dollar homes, primarily in Scottsdale, AZ; Aspen, CO; and Snowmass, CO. Joseph’s expertise at directing large-scale, high-value development projects will prove a principal factor in the successful start-up and build-out of the sophisticated, customized, and efficiently-designed retail dispensary proposed in this application. 6.b Packet Pg. 124 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 2 of 8 COO and Store Manager Ryan Mierau is a motivated self-starter and valued business owner who has been recognized by the San Bernardino City Council for his leadership and commitment to serving the San Bernardino community. Ryan graduated magna cum laude from Arizona State University with a degree in Business Law, which he applied to his work at one of the top law firms in Arizona before leaving to start his own business. As COO of The Row House, Ryan will build on his experience owning and operating two high-volume Jimmy John’s franchises in the San Bernardino area. CMO and Community Relations Manager Angie Mierau will cultivate brand awareness and development in the new adult use cannabis market, using the skillset she developed as the Director of Marketing and Operations at one of California’s first Jimmy John’s franchises. Angie’s commitment to the community has been the heart of her professional pursuits. Her passion for community engagement has shown throughout her work at Jimmy John’s, where she has demonstrated a natural talent for building and growing relationships. That experience will serve her well in her capacity as CMO and Community Relations Manager at The Row House, where she will communicate the dispensary’s branding and ethos in addition to building lasting community relationships. Angie will work closely with community partners. Dispensary Department Manager Krystle Sanchez is a trusted Manager at the Mierau family’s Jimmy John’s locations, where she has fulfilled myriad responsibilities, from maintaining vendor relationships to monitoring compliance. Krystle has completed Jimmy John’s corporate Certified Manager Training and will establish high standards for delivering quality products and exceptional customer service through her new role at The Row House. With the wealth of experience she has developed as a dedicated General Manager at a fast-paced retail establishment, as well as her cannabis industry work providing edibles at a local dispensary, Krystle will skillfully execute The Row House’s vision throughout the dispensary’s day-to-day retail operations. C ERTIFICATIONS AND L ICENSES Joseph Mierau holds a General Residential Contractor License that licenses him to build projects in Arizona and Colorado. This credential demonstrates Joseph’s ability to reduce The Row House’s initial and ongoing costs: Joseph will oversee all build-out contracts and work, as well as maintenance planning and implementation. By minimizing construction-related expenses, Joseph will support The Row House’s bottom line and enable the dispensary to provide more and higher-quality services, and pass lower costs on to customers and patients. Ryan Mierau and Krystle Sanchez, the main operations leaders of The Row House, have both received Dispensary Technician Certification from the Cannabis Training Institute (CTI) (see Exhibit A-1: Dispensary Technician Certifications from the Cannabis Training 6.b Packet Pg. 125 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 3 of 8 Institute). CTI’s patient-focused curriculum covers every aspect of the Dispensary Technician position and responsibilities, including state and local compliance, cannabis identification, cannabis as medical treatment, business management, inventory, and record-keeping. These certifications will enable Ryan and Krystle to develop operations based on best practices derived from the CTI instructors’ years of experience. The Row House will thus bypass many of the challenges experienced by newcomers to the cannabis industry. Krystle also holds a Basic Life Support certification that qualifies her for CPR, AED use, and the delivery of first aid essentials. Given that cannabis patients suffer from debilitating illnesses, staff at locations where they congregate—such as at cannabis dispensaries—may encounter more medical emergencies than at other retail establishments. Krystle’s certifications will be critical for successful first responses to medical emergencies on The Row House’s premises. The Row House will also sponsor additional dispensary managers to receive these certifications to ensure the continuous presence on the premises of a staff member certified to respond to a medical emergency prior to the arrival of emergency services. Prior to her role at Jimmy John’s, Angie Mierau worked at an upscale jeweler for three years, where she received certification from the Diamond Council of America to work with high-net-worth clientele. Angie’s work in the jewelry industry gave her the foundation to deliver top-notch customer service to an eclectic and diverse range of customers, ultimately fueling her passion for building relationships across the community. At The Row House, Angie will impart the skills for which she is certified to all customer-facing staff to ensure the highest standards of service at the dispensary. Three members of the team—Ryan, Angie, and Krystle—have received management training through Jimmy John’s corporate Certified Manager Training. This three-week in-person training at Jimmy John’s corporate headquarters teaches attendees the principles of management and effective leadership. The success of the Mierau family’s Jimmy John’s franchise has demonstrated the impact of these lessons, which are universally applicable and will transfer to the proposed dispensary operations. In addition, because the leadership team shares the same management foundation, The Row House’s employees will experience a unified management approach, which will improve efficiency and clarity for staff. A PPLICABLE E XPERIENCE AND Q UALIFICATIONS As detailed below, The Row House’s leadership team members possess a variety of skills that will be directly applicable to operating a retail cannabis dispensary and providing a variety of high-quality services to customers and patients. The descriptions presented here summarize the most relevant portions of the team’s background. 6.b Packet Pg. 126 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 4 of 8 Together, and with the support of an impressive board of advisors that includes cannabis industry insiders and local leaders, these leaders have the skills and experience to build a superlative employee team, establish a compliant facility, ensure its efficient operation, and maintain a clear focus on the goal of the commercial cannabis industry: providing safe, high-quality products to patients and adults. M ANAGERIAL E XPERIENCE Joseph Mierau has been running his own general contracting company for over 37 years. Joseph’s consistent profits and flourishing business demonstrate that he has capably met or exceeded client expectations while balancing budgets and managing subcontractors and employees. Ryan Mierau is a motivated self-starter with a background in law and business. Ryan introduced a new Jimmy John’s franchise to the San Bernardino market shortly after graduating magna cum laude from the University of Arizona. Over the last three years, Ryan’s Jimmy John’s franchise quickly became successful enough for Ryan to open a second location, with plans for two more. As COO at Jimmy John’s, Ryan has fulfilled key responsibilities, including supervising contractors, staffing, employee training, inventory management, and all fiduciary duties associated with operating a franchise. Ryan’s management experience has honed his sharp wit, keen business acumen, and innate drive for success. Angie Mierau has had a prominent role as Director of Catering in the Mierau family’s Jimmy John’s franchises and has been a driving force in securing the restaurant’s recognition by the parent company as the most successful in California. In fact, the parent company has sent employees directly to Angie to learn her innovative techniques for attracting customers. In addition, Angie is a community leader with strong connections to local non-profit and civic organizations, which she will cultivate in the service of the San Bernardino community in her new role as The Row House’s CMO and Community Relations Manager. Krystle Sanchez has been an indispensable member of the Jimmy John’s team since she joined the company in 2014. Her commitment to exceptional customer service and her ability to lead teams effectively have made her a valuable asset at the restaurant. In her role as General Manager, Krystle has tackled the challenges of communicating directly with the corporate office, responding to customer needs, training staff, and managing compliance demands. Krystle’s primary strengths are her ability to connect with her employees and earn their trust in her leadership, as well as her commitment to achieving goals alongside her team. All of the Row House’s leadership team members have maintained their expertise by attending training sessions, workshops, conferences, and networking events to stay 6.b Packet Pg. 127 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 5 of 8 abreast of the evolving market and remain at the forefront of their respective industries. This team will apply the same level of commitment to its work in the commercial cannabis industry. C OLLABORATIVE T EAMWORK Through their Jimmy John’s operations, Joseph, Ryan, Angie, and Krystle have worked cohesively for three years to execute successful operations and develop a business that has positively impacted the local economy and surrounding community. Adhering to the rigorous standards required for franchise operation is not easy: before the Mierau family brought Jimmy John’s to the City of San Bernardino, that company had no presence in the region, and the Mierau family was thus entirely responsible for generating brand awareness and developing customer loyalty. In the process of establishing their successful Jimmy John’s franchise locations, The Row House leadership team has built a collective foundation of trust and mutual support, founded on a shared work ethic and with clearly-defined areas of expertise. This team’s firm commitment to this new business collaboration demonstrates the strength of the team members’ relationships. R EGULATED I NDUSTRY E XPERIENCE The Row House’s team members have operated in a wide variety of industries, including the highly-regulated cannabis, home-building, and diamond industries. In addition, each team member has extensive experience in the regulated food service industry, maintaining continuous compliance in all aspects of the business, including certificates of occupancy, liquor licensing, commercial zoning, health department regulations, food service certifications, and waste removal. Moreover, the team executed these duties under the strict oversight and governance enforced by rigid franchise requirements. Although not regulated by government entities, franchises are strictly monitored for corporate compliance, requiring detailed standard operating procedures (SOPs) and formal remedial measures, with significant consequences in the event of compliance violations. These competencies will enable The Row House’s leadership team to establish sound SOPs and ensure adherence to compliance requirements while allowing customer-facing staff to focus on providing high-quality service. Furthermore, Krystle Sanchez’s prior experience developing edible products in a local cannabis dispensary established her familiarity with the highly-regulated cannabis industry, and Angie Mierau’s three years in the diamond industry demonstrates her ability to handle valuable products with trustworthiness and professionalism. Joseph Mierau’s three decades of success as a licensed general contractor verify his ability to navigate regulatory compliance requirements, and Ryan Mierau’s legal and business background and experience as an owner and operator of a thriving franchise confirm 6.b Packet Pg. 128 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 6 of 8 his ability to satisfy the rigorous demands of a business with numerous corporate guidelines. D ELIVERY O PERATIONS The Row House team brings extensive delivery experience from its Jimmy John’s operations. In particular, as Director of Catering, Angie reviewed delivery operations to maximize efficiency, and managed the hiring, training, and monitoring of drivers. On average, the two Mierau family Jimmy John’s restaurants perform 60 deliveries each day, with an average of eight drivers. The team’s restaurants are noted for balancing their efficient delivery service with safe driving practices, certifying that all drivers have valid driver’s licenses, clean driving records, and insurance. The Row House looks forward to adapting its proven delivery service best practices to its cannabis operations and security protocols. S AFETY Ryan, Angie, and Krystle have been fully immersed in the food service industry’s careful attention to safety protocols, including working with the Occupation Safety and Health Administration (OSHA) and complying with local standards on food preparation safety and other hazard prevention and suppression techniques. Furthermore, Ryan’s career has demanded leadership in implementing and overseeing compliant safety operations, where he has followed strict safety protocols mandated by premium retailers and established SOPs and policies as COO at his Jimmy John’s locations. This experience will contribute to the leadership's ability to ensure that staff adhere to SOPs and safe product-handling practices. S ECURITY The high-volume food service, diamond, and medical cannabis industries all require the development, implementation, and continuous maintenance of comprehensive security systems. Ryan, Angie, and Krystle all have extensive experience managing security risks, and as San Bernardino business owners and operators, have established meaningful relationships with local law enforcement. The Row House will continue to build upon these established bonds by maintaining open dialogues and fully cooperating with local law enforcement, as well as by making significant financial contributions to law enforcement charities that foster a safer community for San Bernardino residents and businesses alike. F INANCIAL V IABILITY As successful entrepreneurs, The Row House team members bring a strong financial background and analytical perspective to the dispensary’s operations. The team has demonstrated its ability to gain market share for a new brand in a competitive market through its challenging but ultimately profitable introduction of the Jimmy John’s 6.b Packet Pg. 129 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 7 of 8 franchise to the City of San Bernardino. Four years later, Joseph, Ryan, and Angie are proud owners and operators of two high-volume restaurants, with intentions to open two more franchise locations in the San Bernardino area in the near future. Furthermore, The Row House CEO Joseph Mierau has decades of experience monitoring the financial health of companies, including his own general contracting company. He is well-versed in analyzing operations to determine practices that are or are not effective, and taking action to optimize the bottom line while maintaining high standards of operation. With the leadership team’s combined financial and entrepreneurial acumen, The Row House will have a strong fiscal base from which to grow, contributing to the likely longevity and success of the dispensary. This expertise will be imperative to fulfill the objective of offering consistent and high-quality services to customers and patients. L OCAL E XPERTISE The Row House will be deeply committed to the local community. Ryan, Angie, and Krystle are all proud residents and professionals of the City of San Bernardino who have contributed to its vibrant community spirit. Combined, this team has worked and resided in the City of San Bernardino for 26 years. Furthermore, Ryan has been a member of the City of San Bernardino business community since 2015, when he opened one of California’s first Jimmy John’s restaurants, and the first in the City of San Bernardino. Soon after, his franchise was nationally recognized as the parent company’s highest-performing restaurant in the state, demonstrating the restaurant’s significant impact on the local economy and employment pool. In 2017, Ryan was also recognized by the San Bernardino City Council for his leadership and commitment to serving the community in the wake of the 2015 terrorist attack on the City of San Bernardino. After law enforcement encouraged local businesses to close for the day, Ryan and his employees closed for business but remained on-site to prepare their entire inventory of Jimmy John’s sandwiches as a donation to first responders. Ryan and his team’s established commitment to the San Bernardino community is the foundation upon which The Row House will be built. Through this venture, Ryan looks forward to contributing even more to the community through both economic development and significant charitable giving. With leadership experience in both strategic decision-making and day-to-day operations, The Row House team will prioritize customer and patient services and simultaneously emphasize opportunities to interact positively with the local community. By giving back to the community, The Row House will be able to advance its leadership team’s long-established philanthropic 6.b Packet Pg. 130 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Qualifications of Owners/Principals Page 8 of 8 aims, while also presenting the dispensary to the public in a way that helps to reduce the stigma commonly held against the cannabis industry and cannabis customers and patients. CMO and Community Relations Manager Angie Mierau’s efforts in the local community are particularly outstanding. Angie serves as an ambassador to the Board of the Redlands Chamber of Commerce and as a member of the Business Association of San Bernardino County, a private association of San Bernardino County business owners to which admission is by invitation only. Angie is known county-wide among non-profit and community organizations for her close work with Loma Linda University, Boys and Girls Club, Option House, Inc, Court Appointed Special Advocates (CASA), Children’s Fund, Childhood Cancer Society of Southern California, San Bernardino School District, Redlands Unified School District, Redlands Bicycle Classic, Relay for Life, Lifestream Blood, Sandals Church, Mansion Memories, Veterans Affairs, IE Commuter, and Home Instead Senior Care, among others. With The Row House, Angie envisions opportunities to deliver an even larger impact than with her previous endeavors. With such extensive local connections, The Row House leadership team will ensure that all proposed services are tailored to local needs and that the Community Benefits Plan supports the community’s most vulnerable members. The team’s commitment to succeeding in their home community will make The Row House especially responsive to customer and patient feedback. 6.b Packet Pg. 131 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) LOCATION T HE APPLICATION INCLUDES THE FOLLOWING: • Physical address and detailed description of the proposed/final location. • . • Description of all known nearby sensitive use areas. T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 132 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Location Page 1 of 2 PHYSICAL ADDRESS AND DETAILED DESCRIPTION As described in detail in the attached lease, the proposed location is a premises within the Diner’s Court shopping center. It lies in a Commercial Regional-3 zone, which has a variety of mixed uses including restaurants, hotels and retail. The San Bernardino Freeway (I-10) acts as the area’s main arterial, and the site is located near the I-215 junction, making the commercial corridor highly connected to the greater Inland Empire region. • SITE ADDRESS: 1975 DINERS COURT SAN BERNARDINO, C A 92408 6.b Packet Pg. 133 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Location Page 2 of 2 NEARBY SENSITIVE USE AREAS Regional-3 zone, which has a variety of mixed uses including restaurants, hotels and retail. The San Bernardino Freeway (I-10) acts as the area’s main arterial, and the site is located near the I-215 junction, making the commercial corridor highly connected to the greater Inland Empire region. There are no sensitive uses as defined near the site; however, there is an Aladdin Bail Bond across I-10 from the proposed dispensary. The applicant does not anticipate that this proposes any additional threat and will acknowledge any concerns the community may have given this proximity. The proposed location at 1975 Diners Court in San Bernardino lies in a Commercial 6.b Packet Pg. 134 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) NEIGHBORHOOD COMPATIBILITY PLAN THE APPLICATION INCLUDES THE FOLLOWING: •Describe how the business, including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. •Additional factors for consideration are religious institutions or libraries located within a six-hundred (600) foot radius of the proposed CCB. •There are no religious institutions or libraries within this radius. THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 135 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 1 of 13 NEIGHBORHOOD COMPATIBILITY PLAN To ensure that The Row House’s design, aesthetic presence, and functionality will be compatible with the proposed neighborhood’s goals and the development guidelines outlined in the City of San Bernardino’s General Plan, The Row House will implement this Neighborhood Compatibility Plan to address several of the City’s primary concerns, including: the development of the built environment, the improvement of human wellness through economic development, the conservation of natural resources, and the safety and security of all persons in the community. P URPOSE The Neighborhood Compatibility Plan will establish and maintain neighborhood compatibility by mitigating any negative impact that The Row House’s retail cannabis- dispensing activity may render upon the premises, shared easements, immediate vicinity, or general community, focusing on four key areas of operation: 1. Strategies to mitigate illegal dumping, littering, graffiti, and general blight, including reporting suspicious activities that may undesirably impact or directly threaten the area or community 2. Standards for constructing, modifying, and maintaining a dispensary appearance, including signage, that is compatible with neighborhood aesthetics 3. Policies for ensuring that the local infrastructure is properly maintained; reporting hazards, such as potholes, flooded traffic lanes, or emergency situations, to the City; and implementing repairs as necessary 4. Professional partnerships with local business entities, universities, and City programs to sponsor community beautification events, such as litter removal, repairs to existing buildings, and park construction projects S COPE This Neighborhood Compatibility Plan will apply to all of The Row House’s employees and will empower each staff member to be a key agent for positive social impact with policies and procedures to eliminate illegal dumping, littering, graffiti, and general blight. The Neighborhood Compatibility Plan also establishes aesthetic standards for the dispensary facility structure, signage, and any marketing materials bearing The Row House brand. Qualifying patients and individuals who visit the dispensary will also be required to follow The Row House’s Good Neighbor Policy, which will hold them to certain standards of decorum while on the premises or within the immediate vicinity. 6.b Packet Pg. 136 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 2 of 13 D EFINITIONS • Premises: The premises are defined hereafter as The Row House’s proposed and 92408 • Neighborhood: The local neighborhood is defined hereafter as the area within a 600-foot radius, at minimum, of The Row House’s proposed and intended dispensary location and the neighborhood named “Show Place,” which contains the proposed location, as defined in Google Maps; Show Place is surrounded by, but does not include, the Valley View, College View, Stadium West, and South Point neighborhoods • Illegal or Suspicious Activity: Illegal activity is defined hereafter as any activity or action that may result in illegal dumping, litter, graffiti, general blight, or any safety threat to the general public P ROJECT D ESCRIPTION The Row House is submitting to the City of San Bernardino an application for a permit to operate a commercial cannabis business (medical cannabis dispensary and adult use operate in compliance with all relevant local-, county-, and state-level ordinances pertaining to the operations of a cannabis business, and will be open to qualifying patients and customers as follows: Monday – Saturday Sunday 10 am to 10 pm 10 am to 8 pm D ESIGN AND C ONSTRUCTION The proposed location is part of a multi-unit strip mall development that can be accessed from Diner’s Court Road. An easement that connects parking lot facilities provides an additional point of access. This area’s existing layout and design hide The Row House’s proposed location, which has no street-facing sides, from street view. There are no other alleyways, access roads, or points of ingress or egress to the property or larger development, which currently features 13 leasable units. Because the proposed location will be part of a multi-unit structure, the façade and exterior of the facility will match the existing modern décor, color scheme, and architectural style of the adjacent units and overall development. The exterior of the facility is a stucco surface that has been painted beige and finished with red accents on the base of each support pillar. The roof is solid plate tile. intended dispensary location at 1975 Diners Court, San Bernardino California, retail) at the location: 1975 Diner’s Court. The proposed dispensary facility shall dedicated for the properties of 155 W. Hospitality Lane and 1975 Diner’s Court 6.b Packet Pg. 137 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 3 of 13 The parking lot contains multiple islands for planters holding perennial shrubs and non- flowering trees. The parking lot also features ample lighting for security purposes. E XISTING S TOREFRONT The proposed facility’s existing front exterior structure shall remain the same, however, signage will change to reflect The Row House branding. The Row House shall contract with an approved licensed sign contractor, and all signage shall be in compliance with SBMC 5.10.310(i) and as described below. N EIGHBORING S TOREFRONTS 6.b Packet Pg. 138 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 4 of 13 A RCHITECTURAL P LANS The Row House has contracted with architectural firm Villa & Company to develop site and floor plans of the existing and proposed dispensary facility. Architectural plans are included in Appendix A: Location of this application. A DJACENT U SAGES • 1975 Diner’s Court: unoccupied 5,760 SF • 1979 Diner’s Court: unoccupied SF • 1981 Diner’s Court: Rose Apple Thai Restaurant (dining) • 1987 Diner’s Court: 20/20 Bar & Grill (dining) • 1991 Diner’s Court: Inland Flowers (retail) • 1993 Diner’s Court: Workforce Enterprises (retail) • 1995 Diner’s Court: Freeway Insurance Company (retail) • 1995-B Diner’s Court: Internet Café (retail) • 2001 Diner’s Court: Delhi Palace Restaurant (dining) • 2009 Diner’s Court: unoccupied 1,800 SF P OLICIES: N EIGHBORHOOD C OMPATIBILITY AND N UISANCE C ONTROL R EPORTING O BLIGATIONS The Row House’s employees will be trained and required to report the following events, using the City of San Bernardino’s SB Direct hotline (909-384-7272) or Online Portal: • Flooding • Land- or mudslides • Compromised sandbagging and flood restraint failure • Downed road sign • Streetlight outage • Traffic signal outage • Sewer overflow • Fallen trees/branches • Obstructed roadways In addition, The Row House’s employees will be trained and required to report the following conditions, using the City’s SB Direct hotline (909-384-7272) or Online Portal: • City building or park in need of maintenance • Graffiti • Illegal dumping • Potholes 6.b Packet Pg. 139 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 5 of 13 • Non-emergency traffic safety issues • Abandoned shopping carts In the event of an emergency, employees will be trained and required to contact local law enforcement: • Emergency Services: 911 • City of San Bernardino Police: 909-384-5742 • San Bernardino County Fire Station 311: 760-951-8722 • San Bernardino County Fire Station 312: 760-949-5596 A list of these phone numbers shall be placed at easily accessible locations throughout the facility, including near any land lines. A ESTHETIC AND M AINTENANCE S TANDARDS To ensure neighborhood compatibility and reduce litter, The Row House will at all times make the following available: • Trash and recycling receptacles in front of the dispensary facility, accessible to the general public and dispensary customers • Trash receptacles throughout the parking lot, accessible to the general public and dispensary customers and maintained by dispensary employees • Security personnel to monitor activities in front of the dispensary, parking lot areas, and neighboring business entities to ensure safe and nuisance-free daily operations at The Row House facility and surrounding businesses • Emergency services for The Row House’s patients and customers Future modifications to The Row House facility shall meet local, county, and state building codes. The facility shall be designed, constructed, and maintained at all times to be fully compliant with California’s Bureau of Cannabis Control (BCC) Regulations: • All advertising placement shall be compliant with BCC §5040 • All dispensary signs and notices shall be compliant with San Bernardino Municipal Code (SBMC) §5.10.310(i) (see below for details) • Modifications of the facility’s exterior shall conform to local standards for construction materials and colors, as well as standards outlined in BCC §5006 • Modifications of the facility’s interior shall comply with operational standards outlined in BCC §5006 • Pursuant to SBMC §12.92.040, The Row House shall maintain sidewalks to ensure safe paths of travel • The Row House shall make ADA-accessible parking available at all times 6.b Packet Pg. 140 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 6 of 13 • Graffiti or any damage to the facility’s exterior shall be repaired immediately, or as soon as possible in the event that additional third-party repair services are required S IGNAGE AND N OTICES The Row House’s sign and notices shall conform to SBMC §5.10.310(i) and SBMC §19.22, and The Row House shall seek a City of San Bernardino sign permit before displaying any public signs. To maintain a low-profile business façade and support local and state cannabis laws aimed at deterring unauthorized visitors, The Row House shall: • Post a sign at the facility entrance stating that no person under 21 years of age will be permitted to enter the premises • Ensure that signage and notices do not obstruct any building entrance, exit, or window • Post a clear and legible notice at all entrances that explicitly prohibits smoking, ingesting, or otherwise consuming cannabis on or adjacent to premises • Limit business signage to only what is needed for identification purposes, with no indication of the products offered • Not illuminate signage or use billboards (fixed or mobile), bus shelters, placards, aircraft, flags, banners, or other similar forms of advertising anywhere in California As a deterrent, The Row House shall post in conspicuous locations signage that reads: “THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE.” W ASTE P OLICIES As a retail business, The Row House will not generate industrial waste during normal business operations. However, certain circumstances will require the disposal of cannabis waste, such as when a customer returns a product, or when products in inventory have expired or otherwise do not meet quality assurance standards. The Quality Assurance Manager shall supervise the disposal of all cannabis waste, following strict SOPs in compliance with California BCC regulations. In compliance with BCC §5054 and federal guidance on the disposal of controlled substances, all cannabis products shall be removed from their packaging and rendered unrecognizable and unusable prior to disposal. The Row House shall dispose of all cannabis waste directly, and The Row House shall never sell cannabis waste. An employee shall mark waste cannabis products for disposal and shall supervise the segregation of those marked products from viable cannabis products in the Secure Storage Room. The Row House shall store cannabis marked for disposal in a covered 6.b Packet Pg. 141 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 7 of 13 and secured disposal bin in the Secure Storage Room, which shall be accessible only to authorized personnel and monitored by video surveillance at all times. Prior to initiating the destruction of cannabis marked for disposal, a Manager will verify that all surveillance cameras covering the designated destruction area are functioning properly. After being rendered unusable, all cannabis waste will be transported directly to a waste disposal facility. The Row House will enter all destruction of cannabis and cannabis waste disposal events into the track and trace system and will maintain all records for a minimum of seven years. R ECYCLING P RACTICES The City of San Bernardino requires business entities that generate more than four cubic yards of waste per week to implement mandatory recycling programs, following a measure in Assembly Bill 32 that was recommended by the Air Resources Board and adopted by CalRecycle in 2012. Pursuant to these requirements, The Row House shall: • Consult with Burrtec Waste Industries, the City of San Bernardino’s recycling waste service provider, to schedule waste characterization specific to the proposed location and facility • Implement the recycling strategies and operational procedures recommended by Burrtec Waste Industries • Contact Environmental Projects Specialist Timothy O’Neal to determine supplemental waste reduction and recycling strategies that may be appropriate Furthermore, with respect to the renovation and build-out of the proposed dispensary facility, The Row House shall ensure that a minimum of 50% of the construction waste generated at the site is diverted to recycling or salvage. Additional waste management practices are detailed in the Safety Plan of this application. D ECORUM AND A CCOUNTABILITY The Row House’s employees and security personnel will be required to maintain certain standards of decorum and to act immediately when neighborhood compatibility is being compromised, including by: • Ensuring the cleanliness of the premises, parking lot area, and the interior and exterior of the dispensary facility • Immediately reporting any suspicious activities that may compromise safety at the dispensary or any adjacent building or business • Prohibiting cannabis consumption on-site • Ensuring that drivers of vehicles playing music keep audio volume to a minimum • Reporting any individual posing a public nuisance or threat to the community 6.b Packet Pg. 142 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 8 of 13 • Ensuring that The Row House’s customers and patients do not remove any purchased cannabis products from their final packaging while on the premises, including in the parking lot area Visitors to the dispensary will be required to follow The Row House’s Good Neighbor Policy, which requires: • Absolutely no cannabis consumption on the premises • No consumption in any parking area, including inside any vehicle • Minimum sound volumes for music being played from vehicles • Retaining purchased cannabis products in their final packaging while on The Row House’s premises, including in the parking lot area Dispensary visitors who violate the Good Neighbor Policy will be reported to management, and if necessary, to the appropriate City or state agency. E NHANCED S ECURITY FOR N EIGHBORHOOD C OMPATIBILITY The Row House will implement additional security measures, as detailed in the Security Plan of this application, to ensure the safety of all dispensary employees, patients and customers, neighboring business entities, and members of the immediate community. Among the measures that will support neighborhood compatibility: • Surveillance cameras and motion-activated lighting will be installed on the exterior of the facility • No cannabis, cannabis product, or cannabis transaction will be visible from public view. This will ensuring patient confidentiality and maintain discreet operations. • One or more Security Guards will be present at the dispensary during all hours of operation O DOR C ONTROL P LAN As a dispensary, The Row House will have a substantially lower odor risk than a cultivation or manufacturing facility. Because California law requires all cannabis products to arrive at a retailer in final packaged form, cannabis products will not be exposed to open air and therefore will not be likely to generate detectable odors, either inside or outside the facility. Regardless, The Row House will understand that any trace of cannabis odor could negatively impact local businesses and neighbors. Therefore, The Row House will carefully attend to any possible cannabis odor source or occurrence and shall fully comply with all odor control rules and regulations promulgated by the City of San Bernardino. To fulfill this responsibility, The Row House shall install and maintain the engineered odor control devices and techniques outlined 6.b Packet Pg. 143 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 9 of 13 in SBMC §5.10.310(k) and shall also develop and execute administrative controls to ensure that cannabis odors are not detectable off-site. The Odor Control Plan, which is detailed in the Environmental Impact Mitigation Plan and Business Plan of this application, will target the sources of offensive odors, identify appropriate air-quality management strategies, and ensure that proper protocols are established to maintain the odor control system, including protocols to address any and all complaints expediently. C OMPLAINT R ESOLUTION The Row House’s Community Relations Manager Angie Mierau will receive and respond to any concerns or complaints received from the general public, community members, or neighboring business entities, such as those relating to illegal dumping on the dispensary premises, odor detection, or other concerns related to environmental controls. Angie shall relay those concerns to the Quality Assurance Manager, who shall correct physical systems as necessary to resolve the issue. After the physical systems have been corrected, Angie will follow up with the person who submitted the complaint until all the individual’s concerns have been addressed and resolved. In her capacity as Community Relations Manager, Angie will also proactively reach out to The Row House’s neighbors, especially other tenants in the same retail complex, to establish a positive dialogue that will encourage neighbors to report concerns directly to Angie and not allow any negative experiences or perceptions to fester. S TRATEGIES: N EIGHBORHOOD C OMPATIBILITY AND N UISANCE C ONTROL The Row House will train all employees and Security Guards to enforce this Neighborhood Compatibility Policy in support of two primary goals: social responsibility and community safety. The strategies described herein will also advance The Row House’s commitment to federal enforcement priorities, such as preventing diversion of medical cannabis. To reduce illegal dumping and littering, The Row House will encourage and provide incentives for its employees to volunteer with community development and outreach programs. These activities will include sponsoring paid cleanup crews for parks and public events. The Row House employees will be trained to identify and promptly dispose of any waste on the perimeter of the facility. The Row House will require any employee who witnesses an act of illegal dumping to report the incident to a Manager. Managers will report all incidents to the proper authorities within the City of San Bernardino. 6.b Packet Pg. 144 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 10 of 13 As per The Row House’s Employee Training Manual, staff will be trained to identify and respond appropriately to all levels of suspicious activity. The Row House will not tolerate loitering and will not permit individuals to remain on the premises unless they are engaging in actions related to the dispensary’s business operations. A Security Guard will question and check for identification any individual seen loitering on or around the premises. If the individual cannot produce proper identification, The Security Guard will orally advise the individual about the non-loitering policy. Non- compliance will result first in an oral warning from staff or a Security Guard, followed by notification to local law enforcement. Security Guards will use the incident log to track any and all instances of loitering, obtaining license plate numbers as necessary from installed high-resolution security cameras, to identify any patterns that may signal a threat to the security of the facility or the surrounding neighborhood. The Row House will vigilantly monitor and review all security footage to identify and report to the proper City officials any illegal activity captured through surveillance efforts. To reduce graffiti, The Row House will train employees to report any graffiti on the premises immediately. When identified, The Row House will ensure that all graffiti is removed within 48 hours of detection. E MPLOYEE R EWARDS P ROGRAM The Row House will engage community members and local businesses to eliminate any potential negative impacts on the community, making social responsibility and community safety cornerstones of the dispensary’s operations. As such, The Row House will inform all employees and Security Guards of the Employee Rewards Program for reporting illegal dumping. Individuals who file a report that results in the collection of civil penalties by the City of San Bernardino will be eligible for a $100 reward. To assist the City of San Bernardino, eligible reports shall include the following: • Witness’s name and contact information • Description of event and/or offense • Time and date of event • If possible, any material evidence • Photographs of the incident To be eligible for the reward, individuals filing a report must additionally be willing to be present and testify in a San Bernardino County court of law, if necessary. 6.b Packet Pg. 145 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 11 of 13 V OLUNTEER S ERVICE P ROGRAM To reduce cannabis-related stigmas and encourage employees to work for the community’s benefit, The Row House will sponsor up to 12 hours of paid volunteer time for each employee annually. The Row House will give back to the community by contributing time and skills to community projects, demonstrating that the cannabis industry can be community-oriented and dispelling common cannabis stereotypes. These encounters will also expose the general public to the highly-educated and professional participants in the cannabis industry and will provide the public with opportunities to ask questions of staff. The Row House will develop and share with personnel a quarterly calendar that showcases volunteer opportunities. The Row House will encourage team participation when supporting various causes in the community. Volunteering in the community is beneficial to everyone, including the volunteers, the dispensary, and the community. The Row House will identify local events and sponsorship opportunities in the City of San Bernardino; these opportunities may include, but are not limited to, the following efforts: • Support for events sponsored by the City of San Bernardino Parks and Recreation Department • Volunteer service to collect litter and beautify any of the City of San Bernardino’s public parks, including Lytle Creek Park • Food drives • Meal delivery to the elderly • Homeless outreach • Medical research • Scholarship programs • Domestic violence programs • Arts programs • Veterans aid • Senior assistance programs • Local law enforcement programs In addition, to support causes that are important to dispensary personnel, The Row House will invite staff members to suggest preferred volunteer opportunities. The Row House will also provide opportunities for customers to vote on which causes they would like the dispensary to support each quarter. Each possible beneficiary will be encouraged to engage their base and garner support by frequenting the dispensary. 6.b Packet Pg. 146 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 12 of 13 C USTOMER R EWARDS P ROGRAM The Row House will recognize individuals who have a long history of actively supporting community development and/or have established themselves as leaders for positive change. As part of this recognition, The Row House will: • Offer discounts and other incentives to qualifying patients and customers who can provide evidence of continued community service • Partner with these individuals to advance their community development efforts P ARTNERSHIPS FOR B EAUTIFICATION The Row House has identified the following organizations through which the dispensary will support community development and beatification efforts: • Adopt a Highway • San Bernardino Parks and Recreation • San Bernardino Rock Church S TANDARD O PERATING P ROCEDURES (SAMPLE): R EPORTING I LLEGAL A CTIVITIES PURPOSE: The Row House has developed the following standard operating procedures (SOPs) to assist employees in the reporting of illegal and suspicious activities that have a detrimental impact on facility operations and the safety and security of the community, including neighboring business entities. SCOPE: The following SOPs apply to all of The Row House’s employees. (LOGO) THE ROW HOUSE SOP: REPORTING ILLEGAL ACTIVITY SOP NO: XX-YY-ZZ REVISION NO: XX-YY-ZZ APPROVED: 01.01.18 ACTIVE: 01.01.08 APPROVED BY: XXYY 6.b Packet Pg. 147 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Neighborhood Compatibility Plan Page 13 of 13 DEFINITIONS: Illegal Activity: Illegal activity is defined hereafter as any activity or action that may result in illegal dumping, litter, graffiti, general blight, or any safety threat to the general public. Responsibilities: The Row House will require general-level employees to report any suspicious activities to management-level employees, who shall thereafter identify the appropriate responsive action following The Row House’s policy. Acting Managers shall complete and submit an incident report the COO. PROCEDURES: Upon noticing any illegal activity: 1. Employees are to note the incident, and if possible, collect evidence. 2. Employees are then to report immediately to a Manager, or Officer of the dispensary. 3. Upon receiving the report, the acting Manager, or Officer shall report the incident to the appropriate law enforcement agency. 4. After reporting to law enforcement, the acting Manager, or Officer will collect evidence and written testimony from the witness who observed the event. Collected information will include: a. Witness’s name and contact information b. Description of event and/or offense c. Time and date of event d. If possible, any material evidence e. Photographs of the incident 5. The acting Manager, or Officer will then assemble an incident report. 6. The acting Manager, or Officer will then provide a copy of the incident report to the dispensary COO and to appropriate law enforcement or City agencies. 7. The Row House COO will assemble digital and print copies of the incident report and maintain them for a period of seven years, at minimum. 8. The Row House COO will maintain copies of all incident reports such that they can be immediately accessed by local law enforcement and City agencies as needed. 6.b Packet Pg. 148 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ENVIRONMENTAL IMPACT MITIGATION DESCRIBE ANY PROPOSED “GREEN” BUSINESS PRACTICES RELATING TO ENERGY AND CLIMATE, WATER CONSERVATION, AND MATERIALS AND WASTE MANAGEMENT. T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 149 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 1 of 10 ENVIRONMENTAL IMPACT MITIGATION PLAN The Row House will value the preservation of natural resources, wildlife habitat, and air quality. As an entity with deep business and personal ties to the City of San Bernardino, The Row House will understand that the City’s scenic resources and wildlife habitat areas provide recreational and ecological benefits, as well as a source of aesthetic enjoyment. Consistent with the City of San Bernardino’s General Plan, The Row House will ensure that demands on natural resources made today do not compromise the needs of tomorrow. To preserve the quality and supply of the City’s sensitive habitat areas and environmental resources, The Row House’s Environmental Impact Mitigation Plan will implement creative and proven strategies in the following areas: • Green business practices • Water conservation • Materials and waste management • Air quality and odor control management O VERSIGHT AND R ESPONSIBILITY The Quality Assurance Manager, a position that will initially be filled by co-owner and COO Ryan Mierau, will be responsible for the installation, maintenance, and oversight of the environmental and odor engineering controls and equipment. The Quality Assurance Manager will work with the Dispensary Department Manager Krystle Sanchez to ensure all employees follow all administrative controls. The Dispensary Department Manager will ensure that all employees receive relevant training. The Community Relations Manager Angie Mierau will receive and respond to any concerns from members of the public, such as reports of illegal dumping on the dispensary premises, odor detection complaints, or other concerns related to environmental controls. Angie will relay those concerns to the Quality Assurance Manager, who will correct the physical systems and related issues. After the physical systems are corrected, Angie will follow up with the person who submitted the complaint until all the individual’s concerns have been addressed and resolved. The Community Relations Manager will also proactively contact The Row House’s neighbors, especially other tenants in the same retail complex, to establish a positive dialogue that will encourage neighbors to report issues directly to the Community Relations Manager and not allow any negative experiences or perceptions to fester. 6.b Packet Pg. 150 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 2 of 10 G REEN B USINESS P RACTICES The Row House will consider energy efficiency to be essential both for the dispensary’s long-term financial sustainability and for environmental health. The Row House will conduct a full assessment of the proposed facility’s existing energy usage to determine priorities for improvement. In this process, The Row House leadership will work closely with the San Bernardino Community Development Department, Public Works Department, and Water Department to screen all proposed energy efficiency improvements and to identify the most pressing needs. The Row House will also identify priorities using San Bernardino County’s Regional Greenhouse Gas Reduction Plan, the California Environmental Quality Act (CEQA) Guidelines, and California Building Energy Efficiency Standards. The Row House will implement the following green business practices and improvements: • Ensuring a minimum of 50% of the construction waste generated at the site is diverted to recycle or salvage; • Installing high-efficiency lighting; • Reducing lighting use through motion-activated internal and external lighting; • Installing high-efficiency/ultra-low-flush toilets (water closets shall use no more than 1.28 gallons per flush); • Installing faucet aerators (maximum flow rate of 2.2 gallons per minute); • Monitoring water bills to detect excess water usage or leaks; • Installing rain barrels to collect excess rainwater to supplement landscape irrigation if permitted by the landlord; • Landscaping with native, drought-resistant plants; • Landscaping using low-water techniques, consistent with guidelines in the San Bernardino Municipal Water Department (SBMWD) Outdoor Rebates and Incentives Program and SBMWD Rules and Regulations; • Conducting a review of building insulation, including windows; • Conducting routine maintenance on HVAC systems; • Pursuing a California Green Business Certification; • Encouraging employees to make responsible energy choices, including recycling and mitigating water and energy use; • Encouraging employee carpooling and use of public transit; • Installing bicycle parking in the vicinity of the facility, if not already available; • Prioritizing local vendors, distributors, and testing laboratories to reduce transportation energy use; 6.b Packet Pg. 151 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 3 of 10 • Prioritizing vendors with certified environmentally-responsible practices, particularly cultivation businesses that demonstrably mitigate energy and water consumption; and • Assessing the feasibility of LEED certification. The Row House shall fully comply with San Bernardino business recycling mandates for the disposal of recyclable materials and organic non-cannabis waste. Employees will be trained in standard operating procedures (SOPs) for recycling, and customers will be encouraged to recycle inside the facility. The Row House will also pursue relationships with packaging vendors to ensure that exit packages will be recyclable. W ATER C ONSERVATION As a retail business, The Row House will not use water in the quantities associated with cannabis manufacturing and cultivation operations. Nonetheless, to reduce the marginal water use expected on-site, The Row House will follow retail industry best practices and City of San Bernardino guidelines for reducing water consumption, including the following: • Regularly scheduling maintenance on HVAC systems; • Monitoring water bills to detect excess water usage or leaks; • Installing high-efficiency/ultra-low-flush toilets (water closets shall use no more than 1.28 gallons per flush); • Installing faucet aerators (maximum flow rate of 2.2 gallons per minute); • Installing rain barrels to collect excess rainwater for landscaping if permitted by the landlord; • Landscaping using low-water techniques, consistent with guidelines in the SBMWD Outdoor Rebates and Incentives Program and SBMWD Rules and Regulations; and • Conforming to all design guidelines, as applicable based on location. M ATERIALS AND W ASTE M ANAGEMENT As a retail business, The Row House will not generate industrial waste during normal business operations. However, certain circumstances will require the disposal of cannabis waste, such as when a customer returns a product or when products in inventory have expired or otherwise do not meet quality assurance standards. The Quality Assurance Manager shall supervise the disposal of all cannabis waste, following strict SOPs in compliance with California BCC regulations. In compliance with BCC §5054 and federal guidance on the disposal of controlled substances, The Row House shall remove all cannabis products from their packaging and rendered unrecognizable and unusable prior to disposal. The Row House shall 6.b Packet Pg. 152 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 4 of 10 dispose of all cannabis waste directly and shall never sell cannabis waste. An employee shall mark cannabis products for disposal and supervise the segregation of those marked products from viable cannabis product in the Secure Storage Room. The Row House shall store cannabis marked for disposal in a covered and secured disposal bin in the Secure Storage Room, which shall be accessible only to authorized personnel and monitored by video surveillance at all times. Prior to initiating the destruction of cannabis marked for disposal, a manager will verify that all surveillance cameras covering the designated destruction area are functioning properly. After being rendered unusable, all cannabis waste shall be transported directly to a waste disposal facility. The Row House shall enter all destruction of cannabis and cannabis waste disposal events into the track and trace system and shall maintain all records for a minimum of seven years. R ECYCLING P RACTICES The City of San Bernardino requires business entities that generate more than four (4) cubic yards of waste per week to implement mandatory recycling programs, following a measure in Assembly Bill 32 that was recommended by the Air Resources Board and adopted by CalRecycle in 2012. Pursuant to these requirements, the Row House shall: • Consult with Burrtec Waste Industries, the City of San Bernardino’s chosen recycling waste service provider, to schedule waste characterization specific to the proposed location and facility; • Implement the recycling strategies and operational procedures recommended by Burrtec Waste Industries; and • Contact Environmental Projects Specialist Timothy O’Neal to determine supplemental waste reduction and recycling strategies that may be appropriate. Furthermore, with respect to the renovation and build-out of the proposed dispensary facility, The Row House shall ensure that a minimum of 50% of the construction waste generated at the site is diverted to recycling or salvage. Additional waste management practices are detailed in the Safety Plan of this application. A IR Q UALITY AND O DOR C ONTROL M ANAGEMENT Consistent with the City of San Bernardino’s General Plan and in accordance with South Coast Air Quality Management District standards, The Row House will reduce the emission of pollutants including carbon monoxide, oxides of nitrogen, photochemical smog, and sulfate. The Row House shall implement plans and policies to control harmful emissions, including energy-efficient delivery and transportation, 6.b Packet Pg. 153 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 5 of 10 odor and air quality controls within the facility, and air quality control during renovations and build-out of the facility. M ITIGATING M OBILE P OLLUTANTS Because air quality is significantly impacted by automobile emissions, The Row House will promote reduced vehicular emissions in the City of San Bernardino by actively implementing plans and policies that mitigate the impact of these harmful emissions and by encouraging a culture of sustainable transportation practices in all cannabis delivery operations. Energy-Efficient Delivery Practices: The Row House will purchase hybrid or electric vehicles such as the Prius, or comparable small-engine economy cars, for optimal fuel efficiency and environmental sustainability. The specific vehicles purchased will depend on availability at time of purchase. In addition to using energy efficient vehicles, The Row House will implement the following environmentally-friendly vehicle maintenance policies: • Maintaining correct tire pressure to reduce fuel consumption by checking and adjusting the tire pressure whenever a driver refuels; • Not overfilling the fuel tank at the gas pump; • Avoiding air conditioning when the ambient temperature is 70 degrees or cooler; • Maintaining the radiator by checking the temperature gauge on every delivery drive; • Changing the fuel filter and flush injectors every 30,000 miles; • Complying with state environmental impact standards for vehicle emission systems; • Completing regular tune-ups, including fuel efficient oil changes every 5,000 miles; and • Driving efficiently, without rapid acceleration or idling for long periods of time, using cruise control to maintain a steady speed, and avoiding congested roads by following the vehicle’s GPS identification of the most efficient routes. Alternative Transportation Incentives: The Row House will encourage customers and employees to use alternative means of transportation to and from the dispensary, including carpooling, public transit, and biking, by providing incentives to individuals who participate. In particular, The Row House will look into pre-tax bus vouchers and pre-tax bike repair incentives for dispensary employees. In addition, The Row House will install bicycle parking in the vicinity of the facility for employee and customer use if permitted by the property owner. 6.b Packet Pg. 154 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 6 of 10 O DOR C ONTROL P LAN The dispensary floor plan, enclosed in Exhibit A-2 Odor Source Points Floor Plan, identifies the Receiving Office, Dispensary Department, and Secure Storage Room as the areas of the facility where cannabis and cannabis products will be stored, displayed, or handled. These areas have been designated as high-risk areas and will be managed accordingly. The Waiting Room, as the point of ingress and egress by customers carrying cannabis products, has a lower risk of odor issues but has been identified as requiring heightened precautions and will be subject to the same policies and procedures as high-risk areas. Receiving Office (high-risk): The Row House will receive and review all incoming shipments of cannabis and cannabis products in the Receiving Office of the dispensary facility. These activities include all actions required to finalize transactions between The Row House and licensed distributors. This room has been designated as high-risk because large quantities of cannabis and cannabis products will be present in this room. Dispensary Department (high-risk): All transactions between The Row House and customers will occur in the Dispensary Department. Cannabis and cannabis products will be present in this area during normal operational hours. This room has been designated as high-risk because large quantities of cannabis and cannabis products will be present in this area. Secure Storage Room (high-risk): The Secure Storage Room will house all cannabis and cannabis products during non-operational hours and will house reserve inventory during operational hours. During operational hours, a selected amount of cannabis and cannabis products will be removed from the secure safes/vault inside the Secure Storage Room and loaded into storage bins there. This reserve inventory will replace depleted stock as necessary throughout the day. This room has been designated as high-risk because large quantities of cannabis and cannabis products will be present in this area. Waiting Room (high-risk): The Waiting Room has been designated as high-risk because although no cannabis or cannabis products will be stored there, the Waiting Room will be adjacent to the Dispensary Department and will provide a direct point of ingress/egress. It acts as a buffer zone between public space and the higher-risk areas of the facility, so maintaining the airstream quality in this area will be critical for odor management. Engineering Controls and Equipment To implement an effective Odor Control Plan and in compliance with SBMC §5.10.310(k), The Row House shall provide a sufficient odor-absorbing ventilation and 6.b Packet Pg. 155 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 7 of 10 exhaust system so that odor generated inside the dispensary and distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior common area walkways, or any other areas available for use by common tenants or the visiting public. To fulfill these responsibilities, The Row House shall install and maintain the following equipment, or any other equipment that the San Bernardino Community Development Director or his/her designee(s) determine to be a more effective method or technology: • An exhaust air filtration system with odor control that prevents internal odors from being emitted externally: The Row House shall use activated carbon filters, as described below, to remove odor from the dispensary. • An air system that creates negative air pressure between the dispensary's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business: The Row House shall install high-velocity in-line fans paired with activated carbon. These fans can generate significant amounts of airstream energy (or negative air pressure) and perfectly compliment activated carbon filters. The Row House will use this combination throughout the dispensary to scrub the airstreams in any rooms that have been designated as high- or low-risk (see Odor Source Points, above). Rates of airflow through the activated carbon filters will be determined based on room size and will be sufficient to cycle and scrub each at-risk area of the facility on a continuous basis to ensure complete cannabis odor removal. Activated carbon filters are the workhorses of the cannabis industry, removing the bulk of all odors, and The Row House will install them both internally and in any areas that vent to the outdoors as a final odor catchment. In addition to the above odor control devices, The Row House shall also install polarized-media electronic air cleaners, which create an electric field that polarizes the air particles passing through it, causing them to adhere to a disposable fiber pad. These dynamic air cleaners remove difficult odors but do not require ductwork modifications to install. This technology is non-ionizing and does not generate ozone. The Row House will use these cleaners throughout the dispensary facility and can easily move them to strategic locations. The Row House will also place high-efficiency particulate air (HEPA) filters in strategic areas inside the dispensary facility, such as the Waiting Room and offices. These filters meet the HEPA standards set by the United States Department of Energy and must remove 99.97 percent of particles that have a size of 0.3 micrometers. Although HEPA filters do not filter out odor molecules like the activated carbon filters do, they mitigate 6.b Packet Pg. 156 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 8 of 10 environmental impact by filtering out fine particles that affect air quality, reducing the risk of airborne germ, virus, and allergen transference. Administrative Controls Administrative controls will include the policies, operating procedures, training programs, safe work practices, maintenance campaigns, and other actions taken to prevent or mitigate odor issues. The Row House will implement the following administrative controls to maintain a zero-odor facility: • Monitoring: The Row House will train all employees to notice and report odor in all operational rooms to ensure that no odors are detectable. If odors are detectable, all air filtration equipment will be inspected to determine if maintenance or replacement is required. • Maintenance: The Quality Assurance Manager will ensure that all odor control systems are appropriately maintained in accordance with the manufacturer’s instructions, including: o Quarterly (or per manufacturer’s instructions) replacement of activated carbon filters. o Annual (or per manufacturer’s instructions) replacement of high-velocity in-line fans. • Record-keeping: The Quality Assurance Manager will log and maintain accurate records of repairs to and replacements of ventilation and odor mitigation systems and will retain records for seven years, at minimum. • Installation: The COO will oversee or contract with an appropriately certified contractor to ensure that all odor control systems are installed correctly, including verifying that they are installed in high- or low-risk areas of the dispensary and are operating according to their specifications. • Evaluation: The Quality Assurance Manager will monitor and evaluate the airstream quality and presence of odors in the facility and surrounding premises. • Containment: The Row House will strictly enforce a policy prohibiting on-site consumption and will limit the extent of areas where cannabis products are stored or accessed. All products outside those areas present either during receipt of wholesale deliveries or as patients exit the dispensary, shall be contained within transportation or exit packaging to contain any odor. • Complaint receipt and resolution: When The Row House receives an oral or written odor complaint, the person receiving the complaint will immediately forward it to the Community Relations Manager to be expediently addressed. If the complaint is filed in-person or live (including through telecommunications), the Community Relations Manager will interview the individual filing the complaint to assess the severity of the offense. In these cases of oral complaint 6.b Packet Pg. 157 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 9 of 10 delivery, the Community Relations Manager will file an odor complaint form, which The Row House will maintain in the dispensary’s records. Appropriate personnel will act immediately to identify the source of the odor and to eliminate any nuisance that has been posed. • Employee training: The Row House will train employees on SOPs for: o Maintaining and monitoring the odor control system o Monitoring for any detectable odors caused by the presence of cannabis or cannabis products o Preventing the exposure of any cannabis or cannabis products to the airstream inside the facility or on the immediate premises o Preventing any on-site consumption of cannabis or cannabis products • Best practices: The Row House will implement additional procedures as necessary, including the following: o The Row House will comply with American Herbal Products Association (AHPA) recommendations for dispensary facilities and the United States Environmental Protection Agency’s (EPA) Indoor Air Quality standards. o The Row House will never use ozone generators or other ionizers, which may have adverse health effects and impair the potency, quality, and shelf life of cannabis products. R ENOVATIONS AND A DDITIONAL B UILD-OUT The Row House will implement the following best management practices for air quality control in the maintenance and renovations of the proposed dispensary and for maintenance activities requiring material installation/repair lasting longer than one hour. The COO, Ryan Mierau, will be ultimately responsible for ensuring that these control measures are implemented. HVAC protection HVAC systems serving the affected area will not be used during construction and all duct equipment openings will be sealed with plastic. In the event that the HVAC systems must be operated, the return side of the systems will be protected (or closed off if possible). Alternatively, temporary filters over the return air openings will be used (MERV 8 or better). All filtration media will be replaced immediately prior to occupancy. Source Control In compliance with SBMC §5.10.250(c)(3), The Row House shall construct and renovate its facility in a manner that minimizes odors to surrounding areas and promotes quality design and construction that is consistent with the surrounding properties. Low-VOC and low-emitting materials will be used as much as possible, particularly for paints, carpet, composite wood, adhesives, and sealants that have the potential for significant emissions. All containers for paints, adhesives and sealants will be stored in a separate, 6.b Packet Pg. 158 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Environmental Impact Mitigation Plan Page 10 of 10 secure location at times when construction is not active. During construction, lids on all containers will be kept closed. Pathway Interruption Construction areas will be isolated to prevent contaminating non-construction areas. This will be done by sealing off the work areas with plastic and de-pressurizing the construction area. As much as possible, with weather permitting, the construction area will be ventilated using 100% outside air to exhaust contaminated air directly to the outside. Dust guards and collectors will be used on saws, sanders, and other tools. Housekeeping All porous or absorptive building materials, such as dry wall and ceiling tiles, will be protected from exposure to moisture and will be stored in a separate, clean area prior to installation. The entrances to the construction area will have temporary walk-off mats to collect particulates. The construction area will be sealed off using plastic. During construction, daily housekeeping will include the use of vacuum cleaners with high- efficiency particulate filters, as well as sweeping compounds or wetting agents for dust control when sweeping. Prior to building material installation, the installation area will be cleaned to remove dust and debris. Prior to occupancy, the construction area will be vacuumed using high-efficiency particulate filters. Scheduling As much as possible, paints, sealants, and adhesives will be used after normal working hours to prevent building occupant exposure to off-gassing. All absorptive-finish materials will be installed after wet-applied materials have cured. The construction schedule will include time for a building flush out prior to occupancy. Implementation The Row House will install all mechanical apparatus required for the successful implementation and operation of the Air Quality and Odor Control Management plan (detailed above) before beginning operations. In addition, all employees will be trained in all SOPs that pertain to the air quality management plan before commencing their initial shifts. R EVIEW The Quality Assurance Manager will review all procedures and mechanical apparatus used to maintain the air quality management plan once a year, at minimum. In particular, the Quality Assurance Manager shall take action to ensure full compliance with local, state, and federal regulations that pertain to air quality standards and air pollution. 6.b Packet Pg. 159 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) LOCAL ENTERPRISE DESCRIBE TO WHAT EXTENT THE CCB WILL ADHERE TO HEIGHTENED PAY AND BENEFITS STANDARDS AND PRACTICES. SPECIFIC PRACTICES THAT ARE SUBJECT TO CONSIDERATION INCLUDE THE FOLLOWING: • Providing compensation to and opportunities for continuing education and training of employees/staff; • The application should state the extent to which the CCB will be a locally managed enterprise whose Owners/Principals reside within the City and/or within San Bernardino County. THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 160 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 1 of 10 LOCAL ENTERPRISE PLAN The Row House business model will support both the local community and long-term sustainability. As part of The Row House business model, this Local Enterprise Plan prioritizes the local economy with a Labor Peace Agreement, local hiring preferences, commitments to a living wage and non-discriminatory practices, career development opportunities, and an Employee Training and Continued Education Plan. L ABOR P EACE A GREEMENT The Row House certifies that a Labor Peace Agreement with the United Food and Commercial Workers (UFCW) Union Local 1167 is in place; a copy of the agreement is attached in Exhibit A-3: Labor Peace Agreement. The UFCW is part of the biggest union affiliate in the country, The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), and is the lead union for the cannabis industry. The UFCW family has led the development and stabilization of the emerging cannabis section through its innovative Cannabis Workers Rising campaign, which launched in 2010. The UFCW represents tens of thousands of cannabis workers across multiple states, including workers in dispensaries, laboratories, and cultivation and manufacturing facilities. The UFCW offers cannabis workers and business owners, along with patients and coalition allies, a collaborative platform to accomplish shared goals. By crafting and supporting targeted legislative efforts, along with negotiating the best contracts for workers, the UFCW has been able to set high standards throughout the industry. At this time, according to Local 1167 representatives, The Row House is the first dispensary (proposed or established) in San Bernardino that has initiated a relationship with the UFCW. This demonstrates The Row House's leadership in ethical and sustainable cannabis business practices that support workers and the community. L OCAL H IRING P REFERENCE The Row House’s founding team members are dedicated professionals and residents of the City of San Bernardino, who are fully committed to supporting the local community, and their employee recruitment strategy will focus on attracting local applicants. The Row House will host and/or sponsor local career fairs and will participate in additional local recruitment opportunities, including but not limited to events held by the City of San Bernardino and the local Employment Development Department. Owner and COO Ryan Mierau, CMO and Community Relations Manager Angie Mierau, and Dispensary Department Manager Krystle Sanchez are all proud San Bernardino 6.b Packet Pg. 161 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 2 of 10 residents and professionals who have contributed to developing a thriving local economy, including through employment opportunities they have brought to the City of San Bernardino. Ryan Mierau has been a member of the San Bernardino business community since 2015, when he opened one of California’s first Jimmy John’s restaurants, and the first in the City of San Bernardino. Ryan’s franchise has been nationally-recognized as the company’s highest performing California restaurant, which has considerably broadened the local economy and offered employment with professional development opportunities and robust employee training. The Row House will provide the following management and staff opportunities to San Bernardino residents within the first six months of operation: • Quality Assurance Manager • Dispensary Technicians • Receptionists • Security Guards Furthermore, with approval from state and local permitting agencies, The Row House will eventually provide delivery services. This expanded business structure will enable The Row House to offer further leadership roles and employment opportunities to San Bernardino residents. L IVING W AGE The Row House will remunerate all employees at a living wage, at minimum. The current minimum hourly wage in the City of San Bernardino is $11.00; however, the living wage is considered to be approximately $12.30. The Row House shall go above and beyond living wage standards by ensuring that no employee receives hourly wages less than $15. The Row House will regularly raise wages based on length of time employed, with various incentives available to appropriate staff. In addition, all full-time staff will receive benefits, including health care and paid time off that exceeds local and state requirements. E STIMATED W AGE S CALE Staff Level Minimum Salary Maximum Salary Management $45,000 (annual) $70,000 (annual) Hourly $15.00 (hourly) $30.00 (hourly) N ON-D ISCRIMINATION The Row House shall provide equal employment opportunities and shall not discriminate against qualified employees or applicants on the basis of race, color, ethnicity, religion, sex, sexual orientation, gender identity, pregnancy, childbirth or 6.b Packet Pg. 162 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 3 of 10 related medical conditions, national origin, ancestry, citizenship, age, veteran status, marital status, physical disability, mental disability, medical condition, political activity, or any other characteristic protected by local, state, or federal law. The Row House shall extend equal employment opportunity to all persons at all stages of the employer-employee relationship, including but not limited to recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination. The Row House’s Non-Discrimination Policy shall prohibit harassment of applicants or employees related to these issues. A copy of The Row House’s Non-Discrimination Policy is attached in Exhibit A-4. R EASONABLE A CCOMMODATIONS FOR P ERSONS WITH D ISABILITIES The Row House shall comply with the Americans for Disabilities Act and applicable state and local laws stipulating nondiscrimination in employment against qualified individuals with disabilities. In addition, The Row House shall also accommodate staff members with a disability who use or are accompanied by guide dogs, signal dogs, or service dogs, following California’s protection of this class. The Row House shall provide accommodation in the hiring, placement, and advancement of employees with disabilities, and will actively seek individuals with disabilities who can, with or without accommodation, perform the essential job functions. The Row House will encourage employees and other contacts to recommend such individuals for employment and will work with local agencies and organizations to recruit staff who might otherwise be excluded from the workplace because of their disabilities. Any applicant or employee who needs accommodation for a disability will be encouraged to discuss this need with the appropriate manager. W ORKER’S C OMPENSATION The Row House will establish policies and procedures to protect employees from workplace hazards. The Row House shall hold a Worker’s Compensation policy that shall apply to bodily injury by accident and bodily injury or disease caused or aggravated by the conditions of the dispensary’s employment. C AREER D EVELOPMENT O PPORTUNITIES The Row House’s expected business growth and prosperity will create additional management and staff opportunities. The Row House will foster upward mobility within the company and will provide management-track opportunities for entry-level staff, including dispensary-created and third-party employee training programs that will enable all employees to become experts in the cannabis industry. 6.b Packet Pg. 163 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 4 of 10 To find local candidates and build a superlative team, The Row House’s education and recruitment efforts will begin with a career fair, to be hosted off the facility premises within 60 days of receiving a license. At the career fair, local candidates will be able to meet with representatives of The Row House to explore employment opportunities and assess how their skills and prior job experience may translate to a career in the cannabis industry. The Row House will launch the career fair with an educational presentation that will provide attendees with the information they need to pursue job opportunities relevant to their skill sets. The career fair will also feature a comprehensive resume review station, where The Row House team members and local professional development experts will be available to help candidates improve their resumes, practice interview skills, and identify open positions. E MPLOYEE T RAINING AND C ONTINUED E DUCATION P LAN The Row House shall create an environment that contributes to the health and well- being of customers. A robust Employee Training and Continued Education Plan that cultivates well-informed staff is not only imperative, but also aligns with The Row House’s goal of building a stronger, more resilient, and experienced workforce that is committed to the community values of the City of San Bernardino. As described below, all employees shall have access to initial and ongoing training, including mandatory employee training; third-party training programs; educational resources; and opportunities to seek additional training. The Employee Training and Continued Education Plan will develop the knowledge and expertise of employees over time, ensuring the dispensary’s ability to fulfill patient and customer needs, and fostering a safe and secure environment that will support the well-being of the community at large. The Row House shall adhere to all mandatory employee training procedures as outlined by the California Bureau of Cannabis Control (BCC). Per BCC §5037(3), copies of all training procedures shall be available on-site, including but not limited to the content of the training provided and a log that includes the name(s) of the employee(s) who received the training. In addition, a designated dispensary manager will be required to receive training on the track and trace system, per BCC §5048(1). R ESPONSIBILITY AND O VERSIGHT COO Ryan Mierau and Dispensary Department Manager Krystle Sanchez shall be jointly responsible for the employee training program. Both Ryan and Krystle have held senior management roles, and they have worked closely together at Jimmy John’s, where they have overseen extensive employee training and implementation of all 6.b Packet Pg. 164 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 5 of 10 operating procedures in the demanding and regulated franchise-based food service and delivery industry. In addition, Krystle received extensive employee training at a local medical cannabis dispensary. Both Ryan and Krystle have completed Dispensary Technician Certification Courses from the Cannabis Training Institute to ease their transition to on-site operations management and employee training at the proposed dispensary in the City of San Bernardino. Wellness Advisor Lanny Swerdlow and Compliance Advisor Sam Sabzehzar will provide expertise in cannabis business operations, as well as guidance and support for all of The Row House’s employee training materials and programs. Lanny Swerdlow is a Registered Nurse and a tireless advocate for medical cannabis patients and providers. He founded several advocacy organizations that have influenced both state and local medical cannabis policies, and he has provided direct support to thousands of patients around the country over the last 20 years. Lanny has also been an active and engaged citizen of southern California’s Inland Empire and has participated in a number of community events in the City of San Bernardino. Lanny will be integral to developing employee training that caters to the specific needs of San Bernardino cannabis patients and customers. Sam Sabzehzar has a long history of investigative, transactional, consultative, and performance-based proficiency in cannabis applications, both as Co-Founder of Medical Marijuana 411 and as Co-Founder, Industry Expert, and Ethics and Compliance Officer at Cushman Greenfield, a successful cannabis consulting firm in Anaheim, California. Sam has conducted extensive researched and interviewed hundreds of physicians, patients, and community members, and has thus developed a broad network that offers insights from each stakeholder community. Sam’s expertise will provide a foundation of cannabis industry best practices and compliance support to create compliant cannabis employee training programs that have been proven effective. With guidance from this team of cannabis industry experts and business operations professionals, Ryan and Krystle will train all incoming staff and managers as described in this plan. To supplement The Row House team’s extensive operational experience and help employees attain the highest standards of customer service, each employee of The Row House will train for and receive Patient-Focused Certification (PFC) from Americans for Safe Access. PFC is based on the American Herbal Pharmacopoeia Cannabis Monograph and the American Herbal Products Association, both recognized in the legislation and regulations of multiple states as standard-setting documents for the cannabis industry. Although PFC emphasizes the medicinal effects of cannabis, all of The Row House’s cannabis customers will benefit from service providers with this thorough foundation in cannabis science and standards. 6.b Packet Pg. 165 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 6 of 10 COO Ryan Mierau shall also ensure that all employees receive all required training and that any training provided by The Row House is compliant with all applicable local and state rules and regulations. Compliance Advisor Sam Sabzehzar will review and answer questions related to all compliance operations and shall assist in developing all training modules to ensure that they are compliant with regulations and that they cover all necessary and required content. M ANDATORY E MPLOYEE T RAINING The Row House shall provide exceptional customer service and care. To ensure the quality and consistency of this service and to foster professional expertise in the City of San Bernardino, all employees shall undertake mandatory training: specifically, all employees shall be trained in the appropriate policies and standard operating procedures (SOPs) upon beginning employment with The Row House and shall continue to receive in-service training throughout their employment tenure. Each employee shall receive an Employee Manual outlining SOPs and organizational expectations of all dispensary staff. The COO, Dispensary Department Manager, or designated course instructor shall provide all employees with written course materials one week before each training. The Row House shall also make written course materials available and accessible to employees on-site at all times. Materials may be available in a digital format. In addition to training dispensary staff on applicable SOPs, all staff shall be trained on the following topics upon beginning employment with The Row House: • Available products, brands, and methods of administration • Potency, absorption time, and effects of the products • Safe use of cannabis to ensure responsible consumption • Customer service standards and practices • Laws pertaining to personal use • Professional conduct ethics and state and federal statutes and regulations regarding patient confidentiality • Regulatory inspection preparedness • Law enforcement interaction • Fundamental understanding of cannabis, including: o The endocannabinoid system o Cannabinoids, terpenes, and their different impacts, including an understanding of THC and CBD potency and ratios o Cannabinoid and terpene profiles of different strains, and how to interpret their typical effects 6.b Packet Pg. 166 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 7 of 10 • American Herbal Products Association standards and the American Herbal Pharmacopoeia Cannabis Monograph • Basic drug interactions with cannabis • Typical symptoms and appropriate strains or methods of administration • Safe handling of cannabis, including an overview of common industry hazards, current health and safety standards, and dispensary best practices • Signs of substance abuse and adverse events • Methods of communicating safe cannabis use practices to customers, including the safe consumption of edibles, appropriate dosing, and how to respond to adverse events T HIRD-PARTY T RAINING P ROGRAMS In addition to the training courses and materials developed and presented by The Row House, all employees shall receive mandatory training through courses offered by third-party medical cannabis certification programs, ensuring that The Row House’s employees will be equipped to provide the highest quality of service to patients and customers in San Bernardino. The Row House will review available programs upon both state and local licensure, and at that time secure contracts with third-party vendors. At this time, The Row House intends to use a combination of the Americans for Safe Access Patient-Focused Certification (PFC) program and modules available through the Cannabis Training Institute. The Row House may also seek comparable alternative programming. ASA’s Patient-Focused Certification The Americans for Safe Access (ASA) Patient-Focused Certification (PFC) program provides high-quality standards for all elements of the cannabis supply chain. PFC has been adopted as the state-required training program in Maryland, and the program’s commitment to patient safety is widely recognized throughout legal-cannabis regions of the United States. The PFC program is grounded in the highest standards established by the American Herbal Products Association and the American Herbal Pharmacopoeia Cannabis Monograph; both organizations are recognized in the legislation and regulations of multiple states. The PFC program commits to: • Establishing operational and product standards in the medical cannabis industry; • Educating medical cannabis providers in the areas of law, regulation, and best practices; • Providing regulators with attainable standards for medical cannabis businesses; • Verifying highest standards of quality and safety for consumers; and • Developing a professional workforce. 6.b Packet Pg. 167 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 8 of 10 The curriculum consists of the following courses: • Cannabis as Medicine • Cannabis Business Operations • Understanding Cannabis Law • State and Local Legal Compliance • Distribution Operations Cannabis Training Institute The Row House employees shall complete the Cannabis Training Institute’s (CTI) Substance Abuse and Cannabis Course. Dispensary Technicians shall also complete the CTI Dispensary Technician Certification Course. These courses cover the following topics. Substance Abuse and Cannabis Course: • Substance Abuse and Addiction • Cannabis vs. Medicinal Cannabis • Definitions of Drugs, Intoxication, Addiction, Dependence and Abuse • Is Cannabis Addictive? • Signs of Drug Abuse, Dependence, Tolerance and Withdrawal • Intervention Dispensary Technician Certification Course: • The History of Marijuana as a Medicinal Drug • Dispensary Operations • Dispensary Technician – Definition and Role • Dispensary Technician Responsibilities • Dispensary Policies and Procedures • Patient/Customer Education • Medical Conditions and Cannabinoids • Managing the Patient Experience • Medical Cannabis Types • Inventory • Record-Keeping • Business Management • Course Assessment The Row House may also consider other CTI modules. Other Potential Third-Party Partners The Row House will evaluate and consider for training purposes other third-party cannabis professional training educational services such as: Marijuana 411, Clover Leaf 6.b Packet Pg. 168 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 9 of 10 University, THC University, and the Cannabis Hemp Academy. These organizations offer cannabis certification courses and provide in-depth training on valuable topics such as: • Dispensary Policies and Procedures • Patient Care • Medical Cannabis Treatment for Specific Medical Conditions • The Endocannabinoid System • Terpenes and Cannabinoids • Cannabis-Based Medicine • Quality Control E DUCATIONAL R ESOURCES In addition to formal training programs, The Row House will offer resources that will contribute to employee and patient knowledge and continued education efforts. These resources will include materials developed by The Row House or identified by the Wellness and Compliance Advisors Lanny Swerdlow and Sam Sabzehzar. At a minimum, these resources will include the following. The American Herbal Pharmacopoeia Cannabis Monograph The American Herbal Pharmacopoeia is a non-profit organization based in California that produces critically-acclaimed monographs related to cannabis. These monographs outline quality control criteria and standards for the identity, purity, and botanical quality of 27 cannabis varieties, to date, including information on any tinctures, extracts, and concentrates that may be produced from those varieties. The Row House will retain a copy of the most recent American Herbal Pharmacopoeia Cannabis Monograph on-site for reference by employees and patients. Academic Articles and Research Reports The Row House will provide evidence-based services to patients. To support this objective, The Row House will provide both employees and customers with access to a variety of the latest academic articles and research reports on cannabis and cannabis products. V OLUNTARY E DUCATION AND T RAINING To enable continuous education and promote expertise in cannabis dispensary operations and customer service, Managers shall encourage employees to take voluntary education and training courses. The Row House will maintain a professional training budget, as described in the Business Plan of this application, and staff members will be encouraged to submit requests for reimbursement and compensation. The Row House shall provide employees with protocols for requesting funds for voluntary education and training sessions. 6.b Packet Pg. 169 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Local Enterprise Page 10 of 10 M AINTAINING E MPLOYEE T RAINING R ECORDS All training shall be recorded in The Row House’s Training Binder and employee files. In accordance with BCC §5037(3), Dispensary Department Manager Krystle Sanchez shall maintain a written record documenting the initial and continued training of Dispensary Technicians, which shall contain: • The name of the person who received the training • The dates of the training • A general description of the topics covered • The name of the person supervising the training • The signature of the person receiving the training and the Dispensary Department Manager Upon completing a course, employees shall be required to obtain the signature of the course instructor on the employee’s transcript. The Dispensary Department Manager shall be responsible for recording the completed training in the employee’s file. Any newly-appointed Dispensary Department Manager shall review and sign the training record to acknowledge his/her understanding of its contents. Employees may inspect their own employee files in their entirety, which shall include at minimum the mandatory requirements under the Fair Labor Standards Act (including full name, social security number, hours worked each day and week, wage rate, earnings and overtime earnings, additions or deductions from wages, total wages for each pay period, and date of payment and pay period covered by the payment), as well as training records and due dates for the next training, job classification, background check, notes and forms for employee performance, and any forms and records regarding reprimands. During an investigation of a criminal offense, the Dispensary Department Manager may choose not to allow such inspection but shall seek legal counsel before refusing access. 6.b Packet Pg. 170 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) BUSINESS PLAN THE BUSINESS PLAN SHALL BE AS DETAILED AS NECESSARY TO FULLY DESCRIBE THE OPERATIONS, INCLUDING: • Description of day-to-day operations. SBMC Section 5.10.310. • How the CCB will conform to local and state laws per SBMC Section 5.10.280 and SBMC Section 5.10.420 and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use. • How cannabis inventory will be tracked and monitored to prevent diversion. • A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. • A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. • Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. • A pro forma for at least three years of operation. THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 171 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 1 of 43 BUSINESS PLAN COMPANY OVERVIEW AND VISION The proposed commercial cannabis retail dispensary, The Row House, will be led by a team of talented professionals with deep roots in the City of San Bernardino and the aim of providing high-quality medical and adult use cannabis products at fair prices. The Row House’s leadership team will apply extensive experience in successful business operations and deep connections with experts in the cannabis industry to create a compassionate, supportive, and educational space for patients and customers who seek to understand how cannabis can play a beneficial role in their lives. The Row House team’s vision reflects the City of San Bernardino’s desired future: As demonstrated throughout the application, The Row House will implement the following Key Strategies from the City’s General Plan: • Experience a new era of collaboration with an attitude of entrepreneurship and action • Tap into the Inland Empire’s dynamic economy • Responsibly address new fiscal realities • Develop a distinct personality both community-wide and at a neighborhood level • Positively contribute to safe and attractive neighborhoods • Enhance cultural, recreational, and entertainment opportunities • Provide improved quality of life for customers, community, and staff with career and educational opportunities • Maintain a collective sense of community pride • Achieve the Vision Furthermore, The Row House will be sensitive to the City of San Bernardino’s challenging task of balancing competing local interests, including: • Business and property owners protecting their property values • Residents seeking to preserve or achieve a high quality of life • Workers improving working conditions • Patients accessing cannabis for medical reasons • Vulnerable populations, such as seniors, seeking security and compassion • All citizens protecting the environment and scarce resources • Law enforcement protecting the public safety of citizens 6.b Packet Pg. 172 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 2 of 43 To support the City in these efforts, The Row House will operate with integrity and awareness, finding creative and sustainable solutions to address and support the City of San Bernardino’s collective concerns and interests. O RGANIZATIONAL C HART With a stellar leadership team, The Row House will be an exemplary dispensary grounded in knowledge of the local community. Owner and COO Ryan Mierau is a resident of the City of San Bernardino, owns Jimmy John’s restaurants in both the City of San Bernardino and neighboring Redlands, and has brought together professionals with the qualifications, experience, and industry knowledge that will promote The Row House’s long-term success. Ryan’s team will collectively implement a compassionate business model that integrates high-quality cannabis products with exceptional service and community awareness. Below is a graphic representation of The Row House’s organizational structure, including known team members at the executive, advisory, and managerial levels. 6.b Packet Pg. 173 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 3 of 43 R OLES AND R ESPONSIBILITIES O WNERS: J OSEPH M IERAU, 80% OWNER; R YAN M IERAU, 20% OWNER Responsibilities include: • Signing legal documents or designating an agent to do so; • Hiring and vetting senior management to implement The Row House vision in a compliant manner; • Retaining legal and other qualified support services to ensure The Row House maintains continuous compliance; • Setting The Row House’s direction and ensuring that senior management implements policies and procedures accordingly; • Providing or securing requisite monetary support to fulfill The Row House vision; • Reviewing The Row House’s finances to ensure fiscally-responsible operations; and • Determining The Row House’s mission. O FFICERS As senior management, The Row House’s Officers will be responsible for implementing the direction provided by the Owners in day-to-day operations. The Row House’s Officers are briefly identified below, and their backgrounds are detailed in the Qualifications Plan of this application. Joseph Mierau, Chief Executive Officer (CEO) and Chief Financial Officer (CFO) Responsibilities include: • Ensuring The Row House’s financial solvency; • Reviewing The Row House’s financial records regularly to verify financial solvency, identify and analyze variances from projections, and make recommendations to advance the bottom line; • Corresponding with accountants and bookkeepers, as necessary; • Contracting for audits and corresponding with auditors, as necessary; • Managing The Row House’s capital and major expenditures; • Determining when the Owners receive returns on their investments • Setting short- and long-term budgets; and • In joint responsibility with the COO: overseeing the facility build-out and ensuring that all requirements for a safe, sanitary, and ADA-compliant building are fulfilled. Ryan Mierau, Chief Operating Officer (COO) Responsibilities include: 6.b Packet Pg. 174 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 4 of 43 • Primary point of contact for all Owners, Advisors, Managers, and third-parties (including consultants, contractors, lawyers, or accountants); • Hiring Managers; • Overseeing all operations and ensuring continuous compliance; • Investigating any concerning conduct or situation, including any evidence suggesting that the dispensary may be operating non-compliantly; • Coordinating with the Store Manager and the Dispensary Department Manager to ensure all Dispensary Technicians are trained on updated materials; • Corresponding with the Advisory Board to maintain Advisor relationships and to solicit advice as appropriate; • Corresponding with consultants, contractors, accountants, or lawyers as appropriate, or delegating such correspondence to the Store Manager and assigning or contracting for the monitoring of regulatory updates; • Overseeing the creation, regulatory review, implementation, and update (as required) of all standard operating procedures (SOPs); • Monitoring compliance enforcement and oversight to ensure continuous compliance with all requirements for the maintenance of the dispensary’s state license; • Overseeing human resources requirements; • Forming business partnerships and developing supply chain relationships; • Selecting product lines and determining product pricing; • Communicating and modeling behavioral norms and expectations for managerial- and general-level employees; • Consulting with appropriately certified human resources professionals to ensure that The Row House is complying with all labor laws; • Setting the direction for marketing and advertising materials and verifying their compliance with applicable regulations; and • In joint responsibility with the CEO: overseeing the facility build-out and ensuring that all requirements for a safe, sanitary, and ADA-compliant building are fulfilled. In addition to the responsibilities outlined above, Ryan shall also assume the role of designated security representative/liaison. In this role, Ryan shall reasonably be available for City inquiries, and to meet with the City Manager or his/her designee(s) regarding any security-related measures and/or operational issues. Ryan shall also be the designated emergency contact for The Row House and shall provide the City Manager or his/her designee(s) with his name and one or more telephone numbers (both landline and mobile, if available) where he shall be available to receive emergency notices at any hour of the day. 6.b Packet Pg. 175 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 5 of 43 Angie Mierau, Chief Marketing Officer (CMO) Responsibilities include: • Reporting directly to the CEO and COO; • Directing all aspects of brand development, including ideals and traits, marketing and advertising, and social media management; • Tracking customer retention and managing and developing customer service strategies; • Monitoring revenue streams; and • Determining quarterly sales benchmarks that The Row House should target. A DVISORS Advisors will not have on-site operational roles, nor will they be responsible for the decisions made by The Row House’s Owners. Instead, the Advisors will provide advice and guidance to help establish a dispensary that will achieve The Row House’s mission. The Row House’s current Advisors are listed below, and their backgrounds are provided in more detail throughout the application. Sam Sabzehzar, Compliance Advisor Responsibilities include: • Reviewing The Row House’s policies and procedures, including SOPs, and verifying their compliance with local and state laws and regulations; • Supporting The Row House’s decision-making process to promote business decisions that advance the dispensary’s mission while maintaining continuous compliance; • Assisting with the drafting of queries to The Row House’s legal retainer, should a legal opinion on a particular matter be required; and • Responding to queries about compliance in a timely manner. Lanny Swerdlow, Wellness Advisor Responsibilities include: • Providing feedback on Dispensary Technician operations pertaining to customer education; • Advising on integrative health and how to best provide holistic wellness services to patients; and • Providing feedback and input on employee training and customer education materials and plans that pertain to the medicinal use of cannabis and cannabis products. Jacob Flores and Rick Darnell, Community Benefits Advisors Responsibilities include: 6.b Packet Pg. 176 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 6 of 43 • Contributing community connections, especially with wellness service providers; • Reviewing The Row House’s policies and procedures that pertain to community benefits; and • Responding to queries about community benefits in a timely manner. • Matt Bogaard, Security Advisor • Responsibilities include: • Reviewing The Row House’s policies and procedures that pertain to safety and security and recommending improvements; • Reviewing proposed equipment and supporting decision-making with respect to security personnel and contractors; and • Responding to queries related to dispensary security in a timely manner. M ANAGEMENT Ryan Mierau, Store Manager Responsibilities include: • Overseeing all administrative, logistical, and operational activities; • Hiring, firing, and other human resources decisions concerning other Managers; • In collaboration with other Managers: Hiring, firing, and other human resources decisions concerning dispensary employees; • Ensuring that The Row House has sufficient employees to maintain operational readiness, including during vacations or sick days; • Collaborating with the Dispensary Department Manager; • Upon request from the COO: Maintaining correspondence with consultants, contractors, lawyers, or accountants as appropriate; • Providing insight to COO decisions on product lines and pricing; • Providing support to the dispensary team to ensure they will be fully prepared to provide the highest-quality customer safety and care; • Overseeing the implementation of the Security Plan; • Managing the Security Guards; • Overseeing investigations in the event of a diversion report ; • Corresponding with the security monitoring company and with the COO in the event of an issue; • Operating as the main on-site point of contact for law enforcement and City or state government officials; • Reviewing all reports by other Managers and summarizing the contents for the COO, CFO, or other personnel, as appropriate; • Coordinating with the City of San Bernardino and law enforcement in the event of any diversion, loss, or other reportable incident; 6.b Packet Pg. 177 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 7 of 43 • Ensuring that all contractors who need access to the dispensary are escorted appropriately at all times; • Maintaining on-site records; • Overseeing all sanitation protocols; and • Overseeing all employee safety protocols and procedures, including the appropriate use of personal protective equipment (PPE). Krystle Sanchez, Dispensary Department Manager Responsibilities include: • Providing insight to COO decisions on product lines and pricing; • Providing product feedback and information about customer and patient requests to the Quality Assurance Manager; • Reporting needs to the Store Manager and the COO; • Updating policies, procedures, checklists, and training that relate to dispensing cannabis or providing customer care; • Training all Dispensary Technicians; • In collaboration with the Store Manager: hiring and managing all Dispensary Technicians; • Monitoring the implementation of all SOPs by Dispensary Technicians; • Consulting directly with customers and patients and providing them with appropriate advice related to the selection of cannabis products; • Monitoring the latest cannabis research and sharing updated information and evidence-based practices from the field with dispensary staff; and • Assessing holistic well-being needs among the customer and patient population and providing requests or suggestions to the Community Relations Manager, Store Manager, or COO as appropriate. Angie Mierau, Community Relations Manager Responsibilities include: • Operating as the main on-site point of contact for members of the public and the local business community; • Providing contact information to, and developing close relationships with, all businesses and property owners located within 600 feet of the proposed dispensary; • Overseeing the implementation of the Community Benefits Plan and Corporate Social Responsibility (CSR) Program; • Fulfilling the City of San Bernardino’s requirement for a community relations contact to whom notice of problems associated with the dispensary can be directed; 6.b Packet Pg. 178 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 8 of 43 • Attending meetings with the City Manager or his/her designee(s) to discuss costs, benefits, and other community issues within the first year of operations and as requested; and • Managing and resolving public complaints. Quality Assurance Manager A dedicated Quality Assurance Manager will be hired in Year 2; in the interim, Ryan Mierau will assume the position’s responsibilities, which include: • Completing state-mandated track and trace training; • Managing track and trace and point-of-sale (POS) software; • Providing qualified employees with access to track and trace and POS software and overseeing employee use of that software; • Maintaining supply chain relationships and negotiating pricing; • Recommending vendors to the COO; • Providing feedback on vendors to the COO; • Providing insight to COO decisions on product lines and pricing; • Performing market and pricing research; • Managing inventory, including all physical inventory verification, and reviewing and verifying all inventory reports and records; • Coordinating with the state, legal counsel, producers, the Dispensary Department Manager, Store Manager, and all other stakeholders to develop and issue recall press releases, as needed; • Consulting with legal counsel in the event of a recall, as needed; • Preparing all orders and corresponding with all vendors; • Reviewing, verifying, and storing all order-related paperwork; • Scheduling and overseeing all deliveries, including verifying all manifests against physical inventory received; • Overseeing the storage and handling of all cannabis products; • Providing training for all dispensary employees to ensure they follow correct storage protocols; • Implementing regular inventory reconciliation procedures; • Preparing records of each inventory reconciliation or other procedure, including the date of the inventory; summary of the inventory findings; and the names, signatures, and titles or positions of the individuals who conducted the inventory; • Identifying expired or recalled cannabis products for disposal or return and following disposal or recall SOPs; and • Reporting any suspected theft, diversion, or security breaches of inventory to the COO and dispensary managers. 6.b Packet Pg. 179 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 9 of 43 S TAFF Receptionists The number of Receptions will be determined based on business volume; The Row House will expect to require three Dispensary Technicians in the first year of business. Responsibilities include: • Coordinating with the front-of-house Security Guard; • Verifying and recording qualifying customer, patient, or caregiver identification; • Enforcing all visitor protocols, including allowing entry only to qualifying customers, patients, caregivers, employees, or authorized official visitors; • Notifying the Store Manager immediately upon the arrival of authorized official visitors; • Providing first-time customers, patients, and caregivers with the necessary paperwork, ensuring patients are appropriately registered with the state, and updating any additional information in the dispensary’s system; and • Ascertaining whether the Dispensary Department is at capacity prior to allowing customer, patient, or caregiver access. Dispensary Technicians The number of Dispensary Technicians will be determined based on business volume; The Row House will expect to require five Dispensary Technicians in the first year of business. Responsibilities include: • Implementing all SOPs pertaining to dispensing cannabis, including verifying customer identification and patient registration; • Completing all cannabis transactions with customers, patients, and caregivers, including placing cannabis products and product information materials in an opaque exit bag; and • Providing high-quality customer service to each and every customer, patient, and caregiver. Security Guards The number of Security Guards will be determined based on business volume; The Row House will expect to require one full-time and one part-time contracted Security Guard. Responsibilities include: • Monitoring the dispensary perimeter and interior with security surveillance feeds; 6.b Packet Pg. 180 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 10 of 43 • Verifying that no security threats are present prior to allowing anyone to enter through the secure front door and after anyone exits the premises; • Ensuring that all patients and caregivers are welcomed into the dispensary and providing extra assistance to patients in need, such as opening and closing doors; • Physically monitoring all shipments from registered producers; and • Supporting Managers and Officers as well as state and local agencies, such as the local police or fire departments, in cases of emergency or security events. Delivery Drivers The number of Delivery Drivers will be determined based on business volume; The Row House will expect to require no delivery drivers for the first two quarters of the first year of operations. Responsibilities include: • Implementing all SOPs pertaining to delivering cannabis, including verifying customer identification and patient registration; • Completing all cannabis delivery transactions with customers, patients, and caregivers; and • Providing high-quality customer service to each and every customer, patient, and caregiver. A LL O N -S ITE P ERSONNEL (DISPENSARY F ACILITY E MPLOYEES) In addition to the role-specific requirements described above, all personnel who are authorized to work on-site at The Row House dispensary facility will be considered Dispensary Facility Employees and will share the following responsibilities: • Undergoing mandatory employee training prior to beginning work and on an annual basis, at minimum; • Correctly implementing all SOPs; • Reporting anything or anyone out of compliance following the “See something, Say something” maxim; • Abiding by the requirements described in the Employee Manual; • Taking sick days as needed to support the well-being of all Dispensary Facility Employees, customers, patients, and caregivers; • Requesting reasonable accommodations to support productivity; and • Informing the appropriate Manager upon noticing any unsafe, unsanitary, or otherwise problematic working condition. 6.b Packet Pg. 181 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 11 of 43 O PERATIONAL G OALS As a commercial cannabis retail dispensary, The Row House will provide an accessible and secure purchasing environment for both medical and adult use customers. The knowledgeable staff will also share educational insights into product selection. The dispensary itself will further serve as a community hub by hosting community, educational, and cultural events and building partnerships with San Bernardino community organizations through charitable giving. The Row House Owners’ and Officers’ strengths and experience as community-driven, compassionate, and knowledgeable leaders will be the foundation for a dispensary tailored to the unique needs of San Bernardino residents. To achieve its mission, The Row House will implement the following goals in day-to-day operations: • Strictly complying with all applicable local and state rules and regulations: At all levels of operations, The Row House shall strictly comply with all applicable state and local laws, including all aspects of San Bernardino Municipal Code (SBMC) §5.10 (and specifically SBMC §5.10.310), all statutory and regulatory requirements issued pursuant to MAUCRSA, and any regulatory clarifications issued by state or local authorities, including California’s Bureau of Cannabis Control (BCC). • Providing high-quality, accessible products: The Row House will identify high- quality cannabis and cannabis products at reasonable price points that have been tested in full compliance with California BCC requirements; within the first year of operations, The Row House will integrate a delivery service to ease access to cannabis products for qualifying patients and customers, a service that The Row House will be able to integrate easily because of its leadership team’s years of experience providing delivery services for Jimmy John’s customers. • Creating a welcoming and supportive environment: The Row House will design a clean, inviting, and secure facility and will hire and train staff to provide a welcoming environment for all customers. • Contributing positively to the City of San Bernardino’s community spirit: As well-respected residents and business owners in the City of San Bernardino, The Row House will build on existing relationships with community organizations to support San Bernardino’s youth, seniors, ill, and low-income residents, in addition to supplying local jobs, contributing tax revenue, and beautifying the area surrounding the dispensary, as detailed in the Community Benefits and Neighborhood Compatibility Plans. • Offering educational services targeted to the City of San Bernardino: The Row House will educate staff, patients, and customers on the latest science regarding the safe use of cannabis, different types of cannabis products and 6.b Packet Pg. 182 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 12 of 43 strains, and the use of cannabis for both general wellness and treatment of specific illnesses; The Row House will also provide seminars open to all interested in learning more about the cannabis plant and its uses, and when appropriate, The Row House will provide referrals to substance abuse counselors. P RODUCTS AND S ERVICES The Row House shall at all times comply fully with state and local laws, including the requirement that The Row House receive all products through a state-licensed distributor and fully-licensed supply chain. The Row House will determine its line of cannabis products based on its assessment of the local cannabis market, its relationship with licensed vendors, and data on consumer-purchasing patterns provided through Cova POS software. Over time, The Row House will adjust its product line based on regional and state-wide data and customer feedback. Initial products and services will include: • Products for medical need: Medical cannabis patients often turn to cannabis for assistance with treating cancer, seizure disorders, arthritis, migraines, PTSD, ADD/ADHD, anxiety, depression, and insomnia, among other disorders; therefore, The Row House will carry a variety of products targeted to these ailments, including high-CBD and CBD-only products that have no psychoactive effects and which research has proven effective for a number of common conditions. • Diverse high-demand products: The Row House will stock high-demand sativa- dominant products along with a range of other popular products, including indica-dominant strains, in diverse forms such as extracts, tinctures, high- potency and micro-dosed edibles, topicals, sprays, and live resins, all from state- licensed vendors; The Row House will also carry products designed specifically for women. • Education on safe and effective cannabis use: Because many existing and potential cannabis consumers have not been able to access the knowledge they need to use cannabis in the ways that will most benefit them, The Row House will establish a dedicated training budget to train staff on the latest research on cannabis uses and to sponsor staff to take additional cannabis education courses from the Cannabis Training Institute and the Americans for Safe Access Patient- Focused Certification program; The Row House will also offer seminars for patients and customers who want to learn more about cannabis from its team of highly trained and knowledgeable staff. • On-demand cannabis delivery: Within the first year of starting operations, The Row House will offer delivery services to reach patients and customers with less 6.b Packet Pg. 183 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 13 of 43 mobility or capacity to travel to the physical dispensary, as well as to offer greater convenience for customers. D ESIGN C ONCEPT The design and aesthetics of a retail establishment not only profoundly affect the customer experience, but also have the power to transform the surrounding community. These standard business concerns are even more significant for cannabis businesses because many neighborhood residents will share concerns that a dispensary could negatively impact their community. Therefore, The Row House will implement a dispensary design that will uphold and exceed the City of San Bernardino’s design standards and will serve as a catalyst for community revitalization. The Row House will create a space that evokes an “urban contemporary” and “chic boutique” ambiance with warm yet elegant interior design and cabinetry, constructed by an established and talented team of craftsmen who have decades of experience working with Owner and CEO Joseph Mierau to provide custom interior spaces for multi-million-dollar homes. The overall design will feel open and inviting, evoking relaxation in patients and customers. The Row House will also select design elements, including accent and display lighting, to promote an intimate yet sophisticated experience. Furthermore, The Row House will engage in landscaping, maintenance, and periodic re-painting to ensure that the facility’s exterior remains in pristine condition. M ARKETING P LAN The Row House’s Marketing Plan will center on establishing a brand identity as a community-focused dispensary that carries high-quality, affordable products and provides reliable cannabis education. Given the leadership team’s roots in the community, The Row House will be well-positioned to take advantage of word-of- mouth marketing, which is generally considered to be the gold standard for marketing: according to Forbes, 92% of consumers prioritize recommendations from friends and family over advertising and 64% of marketing executives identify word-of-mouth as the single most effective form of marketing. In addition to leveraging its position in the community, The Row House will pursue several strategies to increase its marketing reach, as follows: • Social media and web presence: The Row House will establish and maintain social media profiles, including on Yelp, Google, Weedmaps, Massroots, and Leafly, and will also establish and maintain a website with detailed information on cannabis effects and uses, including safe use tips; cannabis product availability and descriptions; and promotions or special events 6.b Packet Pg. 184 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 14 of 43 • Presence at cannabis events: The Row House will establish a physical presence at key licensed cannabis industry events that draw large numbers of cannabis consumers; The Row House will adapt its event strategy as the schedule evolves with the BCC’s newly-established temporary event license regulations • Customer incentive programs: The Row House will establish programs to encourage customer loyalty through a Customer Rewards Program, as well as a bonus for customers who refer friends to the dispensary DAY-TO-DAY OPERATIONS The following sections outline operational policies and procedures per SBMC §5.10.310 that The Row House shall adhere to and execute at all times. The Row House shall report any changes to information provided in this application or any change in the status of compliance with the provisions of the ordinance, including any change in the location or ownership or management members, to the City Manager within 15 days of the change, per SBMC §5.10.190. H OURS OF O PERATION – SBMC §5.10.310(A ) The Row House currently plans to operate seven days per week as follows: Monday – Saturday 10 am to 10 pm Sunday 10 am to 8 pm These operating hours will be subject to change based on market conditions. The Row House shall notify the City of any changes in operating hours and shall not operate outside of state restrictions, which limit operations to the hours from 6 am to 10 pm. O N -SITE C ONSUMPTION – SBMC §5.10.310(B ) The Row House shall prohibit consumption of cannabis by all individuals on the dispensary’s property at all times. During operating hours, a Security Guard shall be posted outside the main entrance at all times and shall deter loitering, public consumption, or other nuisances in the vicinity of the facility. Employees who have consumed cannabis on-site, or who report to work impaired or intoxicated from cannabis or other substances such as alcohol, shall be subject to immediate termination. V ISIBILITY OF C ANNABIS AND C ANNABIS P RODUCTS – SBMC §5.10.310(C ) SBMC §5.10.310(c) mandates that no cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the proposed dispensary premises, or delivery vehicles; however, SBMC §5.10.310(q) 6.b Packet Pg. 185 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 15 of 43 states “The interior and exterior of the premises of the commercial cannabis business shall be well lit at all times. The windows of the building shall provide an unobstructed view into the interior.” Therefore, The Row House shall consult the City of San Bernardino to determine the appropriate accommodation for these two potentially conflicting requirements. If acceptable to the City, The Row House shall prevent the visibility of cannabis or cannabis products or graphics from the exterior of the proposed dispensary premises by installing frosted glass windows or similar privacy blinds, or The Row House shall develop alternative techniques to prevent cannabis and cannabis products from being seen outside the premises (such as having products placed along a wall not visible from the street, and/or obscuring product packaging during transactions, prior to placement in exit packaging. To prevent unwanted attention or potential security threats and enhance discretion and tastefulness when delivering cannabis goods, delivery vehicles shall not display signage on the exterior of the vehicles, nor display any indication that the vehicle is a cannabis delivery vehicle inside or outside the vehicle. In accordance with BCC §5417(b), while carrying cannabis goods for delivery, The Row House’s Delivery Drivers shall ensure that cannabis goods are not visible to the public. In addition, all cannabis products purchased for delivery shall be packaged in opaque exit bags that do not depict any cannabis graphics or description of the product on the exterior of the package. R EPORTING AND T RACKING OF P ROJECT AND G ROSS S ALES – SBMC §5.10.310(D ) For the POS and inventory tracking and monitoring system, The Row House will use Cova, which is compatible with the state-mandated track and trace system Metrc. Among other POS and inventory tracking features, Cova can report on all aspects of the commercial cannabis business, including cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale, and other information that the City may deem necessary to collect. Cova also maintains historical transaction data, and The Row House shall maintain records for seven years, at minimum, in accordance with BCC §5037. Prior to using Cova for operations, The Row House shall ensure that Cova is compatible with the City’s record-keeping systems and properly approved and authorized by the City Manager or his/her designee(s). The Inventory Control Protocols section of this plan details The Row House inventory management plan and track and trace/POS software. S TATE-L ICENSED V ENDORS – SBMC §5.10.310(E ) The Row House shall purchase all cannabis from state-licensed distributors that maintain operations in full conformance with state and local regulations, including 6.b Packet Pg. 186 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 16 of 43 ensuring that the distributor supplies products only from licensed and compliant cannabis cultivation and manufacturing businesses. In later stages of the pre- operational phase, as detailed in the Budget section of this plan, The Row House will determine which distributor, or combination of distributors, will be in the best position to supply the dispensary with quality products at reasonable cost and in a secure fashion. In selecting distributors, The Row House will prioritize local distributors, as well as distributors who provide high-quality pesticide-free cannabis products. The Row House shall provide the City of San Bernardino with up-to-date information on its distributor partners upon request. Prior to working with any distributor, or when preparing to purchase cannabis products from a new company, The Row House will to confirm that the distributor or vendor has a current and valid state license. P HYSICIANS – SBMC §5.10.310(F ) The Row House shall not retain a physician located in or around the dispensary at any time for the purpose of evaluating patients for the issuance of a medical cannabis recommendation or card. Furthermore, The Row House will not participate in any referral relationship or partnership with any physician or make medical recommendations to customers or patients. C ANNABIS R ECOMMENDATION V ERIFICATION – SBMC §5.10.310(G ) Prior to dispensing medicinal cannabis or medicinal cannabis products, or being allowed access into the Dispensary Department, a receptionist must obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient. The receptionist shall make a digital copy of the physician recommendation or patient medical card and maintain this documentation with the patient’s secure records in The Row House’s database for seven years, at minimum. New documentation will be required on an annual basis or after the listed date of expiration. E MERGENCY C ONTACT – SBMC §5.10.310(H ) The Row House has designated Ryan Mierau as the on-site Owner and emergency contact, to whom emergency notice can be provided at any hour of the day, with Angie Mierau as a backup emergency contact. The Row House shall notify the City Manager or his/her designee within 24 hours of a change in the emergency contact. Ryan’s mobile phone: 480-747-2520 Angie’s mobile phone: 480-818-8254 6.b Packet Pg. 187 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 17 of 43 S IGNAGE AND N OTICES – SBMC §5.10.310(I ) The Row House shall conform to SBMC §5.10.310(i) and SBMC §19.22 regarding signage and notices requirements. The Row House shall seek a City sign permit before displaying any public signs. The Row House shall also adhere to the following signage policies to maintain a low-profile business façade that also deters unauthorized visitors: • Ensure that signage and notices do not obstruct any building entrance, exit, or window; • Post a clear and legible notice at all entrances stating that smoking, ingesting, or otherwise consuming cannabis on or adjacent to the premises is strictly prohibited; • Limit business identification signage to only what is needed for identification purposes and ensure that the signage does not contain any indication regarding the products or services offered; • Not advertise by having a person holding a sign and advertising the business to passersby, either on the premises or elsewhere; • Not illuminate signage or use billboards (fixed or mobile), bus shelters, placards, aircrafts, flags, banners, or other similar forms of advertising anywhere in the state; • Post a sign at the facility entrance stating that no person under 21 years of age is permitted to enter upon the premises; and • Deter security incidents with conspicuous signage reading: “THESE PREMISES ARE UNDER CONSTANT VIDEO SURVEILLANCE.” M INORS – SBMC §5.10.310(J ) As required by SBMC §5.10.310(j) and SBMC §5.10.330(c), The Row House shall verify the identification of all persons seeking admittance to the premises or applying for employment. The Security Guard and Receptionist shall both receive training in checking government-issued identification. For customers seeking entrance, the Receptionist will scan identification using a California-issued identification scanning system and will store a digital copy of each person’s government-issued identification. This information shall be maintained for seven years, at minimum, per BCC §5037. Persons under the age of 21 shall not be allowed on the premises or hired as employees, including as Delivery Drivers. Qualifying patients aged 18–20 shall also be permitted access to the premises upon verification of a valid doctor’s recommendation. O DOR C ONTROL – SBMC §5.10.310(K ) As a dispensary, The Row House will have a substantially lower odor risk than a cultivation or manufacturing facility. Because California law requires all cannabis products to arrive at a retailer in final packaged form, cannabis products will not be 6.b Packet Pg. 188 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 18 of 43 exposed to open air and therefore will not be likely to generate detectable odors, either inside or outside the facility. Regardless, The Row House will carefully attend to any possible cannabis odor source or occurrence and shall fully comply with all odor control rules and regulations promulgated by the City of San Bernardino. To fulfill this responsibility, The Row House shall install and implement the engineered odor control devices and techniques outlined in SBMC §5.10.310(k) and shall also develop and execute administrative controls to ensure that cannabis odors are not detectable off- site. The Odor Control Plan will target the source points of offensive odors, identify appropriate air-quality management strategies, establish proper protocols to maintain the odor control system, and expediently address any and all complaints. To accomplish these goals, The Row House will focus on three areas of odor management: • Identification and analysis of odor source points to locate odor mitigation technology strategically • Engineering controls (devices and techniques) designed specifically for the dispensary facility and all internal areas of operation • Administrative controls (policies, procedures, and training) designed to ensure that engineering controls are sufficient, effective, and well-maintained O DOR S OURCE P OINTS The dispensary floor plan, enclosed in Exhibit A-2 Odor Source Points Floor Plan, identifies the Receiving Office, Dispensary Department, and Secure Storage Room as the areas of the facility where cannabis and cannabis products will be stored, displayed, or handled. These areas have been designated as high-risk areas and will be managed accordingly. The Waiting Room, as the point of ingress and egress by customers carrying cannabis products, has a lower risk of odor issues but has been identified as requiring heightened precautions and will be subject to the same policies and procedures as high-risk areas. Receiving Office (high-risk): The Row House will receive and review all incoming shipments of cannabis and cannabis products in the Receiving Office of the dispensary facility. These activities include all actions required to finalize transactions between The Row House and licensed distributors. This room has been designated as high-risk because large quantities of cannabis and cannabis products will be present in this room. Dispensary Department (high-risk): All transactions between The Row House and customers will occur in the Dispensary Department. Cannabis and cannabis products will be present in this area during normal operational hours. This room has been 6.b Packet Pg. 189 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 19 of 43 designated as high-risk because large quantities of cannabis and cannabis products will be present in this area. Secure Storage Room (high-risk): The Secure Storage Room will house all cannabis and cannabis products during non-operational hours and will house reserve inventory during operational hours. During operational hours, a selected amount of cannabis and cannabis products will be removed from the secure safes/vault inside the Secure Storage Room and loaded into storage bins there. This reserve inventory will replace depleted stock as necessary throughout the day. This room has been designated as high-risk because large quantities of cannabis and cannabis products will be present in this area. Waiting Room (high-risk): The Waiting Room has been designated as high-risk because although no cannabis or cannabis products will be stored there, the Waiting Room will be adjacent to the Dispensary Department and will provide a direct point of ingress/egress. It acts as a buffer zone between public space and the higher-risk areas of the facility, so maintaining the airstream quality in this area will be critical for odor management. E NGINEERING C ONTROLS AND E QUIPMENT To implement an effective Odor Control Plan and in compliance with SBMC §5.10.310(k), The Row House shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the dispensary and distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior common area walkways, or any other areas available for use by common tenants or the visiting public. To fulfill these responsibilities, The Row House shall install and maintain the following equipment, or any other equipment that the San Bernardino Community Development Director or his/her designee(s) determine to be a more effective method or technology: • An exhaust air filtration system with odor control that prevents internal odors from being emitted externally: The Row House shall use activated carbon filters, as described below, to remove odor from the dispensary. • An air system that creates negative air pressure between the dispensary's interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business: The Row House shall install high-velocity in-line fans paired with activated carbon. These fans can generate significant amounts of airstream energy (or negative air pressure) and perfectly compliment activated carbon filters. The Row House will use this combination throughout the dispensary to scrub the airstreams in any rooms that have been designated as high- or low-risk 6.b Packet Pg. 190 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 20 of 43 (see Odor Source Points, above). Rates of airflow through the activated carbon filters will be determined based on room size and will be sufficient to cycle and scrub each at-risk area of the facility on a continuous basis to ensure complete cannabis odor removal. Activated carbon filters are the workhorses of the cannabis industry, removing the bulk of all odors, and The Row House will install them both internally and in any areas that vent to the outdoors as a final odor catchment. In addition to the above odor control devices, The Row House shall also install polarized-media electronic air cleaners, which create an electric field that polarizes the air particles passing through it, causing them to adhere to a disposable fiber pad. These dynamic air cleaners remove difficult odors but do not require ductwork modifications to install. This technology is non-ionizing and does not generate ozone. The Row House will use these cleaners throughout the dispensary facility and can easily move them to strategic locations. The Row House will also place high-efficiency particulate air (HEPA) filters in strategic areas inside the dispensary facility, such as the Waiting Room and offices. These filters meet the HEPA standards set by the United States Department of Energy and must remove 99.97 percent of particles that have a size of 0.3 micrometers. Although HEPA filters do not filter out odor molecules like the activated carbon filters do, they mitigate environmental impact by filtering out fine particles that affect air quality, reducing the risk of airborne germ, virus, and allergen transference. A DMINISTRATIVE C ONTROLS Administrative controls will include the policies, operating procedures, training programs, safe work practices, maintenance campaigns, and other actions taken to prevent or mitigate odor issues. The Row House will implement the following administrative controls to maintain a zero-odor facility: • Monitoring: The Row House will train all employees to notice and report odor in all operational rooms to ensure that no odors are detectable. If odors are detectable, all air filtration equipment will be inspected to determine if maintenance or replacement is required. • Maintenance: The Quality Assurance Manager will ensure that all odor control systems are appropriately maintained in accordance with the manufacturer’s instructions, including: o Quarterly (or per manufacturer’s instructions) replacement of activated carbon filters. o Annual (or per manufacturer’s instructions) replacement of high-velocity in-line fans. 6.b Packet Pg. 191 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 21 of 43 • Record-keeping: The Quality Assurance Manager will log and maintain accurate records of repairs to and replacements of ventilation and odor mitigation systems and will retain records for seven years, at minimum. • Installation: The COO will oversee or contract with an appropriately certified contractor to ensure that all odor control systems are installed correctly, including verifying that they are installed in high- or low-risk areas of the dispensary and are operating according to their specifications. • Evaluation: The Quality Assurance Manager will monitor and evaluate the airstream quality and presence of odors in the facility and surrounding premises. • Containment: The Row House will strictly enforce a policy prohibiting on-site consumption and will limit the extent of areas where cannabis products are stored or accessed. All products outside those areas, present either during receipt of wholesale deliveries or as patients exit the dispensary, shall be contained within transportation or exit packaging to contain any odor. • Complaint receipt and resolution: When The Row House receives an oral or written odor complaint, the person receiving the complaint will immediately forward it to the Community Relations Manager to be expediently addressed. If the complaint is filed in-person or live (including through telecommunications), the Community Relations Manager will interview the individual filing the complaint to assess the severity of the offense. In these cases of oral complaint delivery, the Community Relations Manager will file an odor complaint form, which The Row House will maintain in the dispensary’s records. Appropriate personnel will act immediately to identify the source of the odor and to eliminate any nuisance that has been posed. • Employee training: The Row House will train employees on SOPs for: o Maintaining and monitoring the odor control system o Monitoring for any detectable odors caused by the presence of cannabis or cannabis products o Preventing the exposure of any cannabis or cannabis products to the airstream inside the facility or on the immediate premises o Preventing any on-site consumption of cannabis or cannabis products • Best practices: The Row House will implement additional procedures as necessary, including the following: o The Row House will comply with American Herbal Products Association (AHPA) recommendations for dispensary facilities and the United States Environmental Protection Agency’s (EPA) Indoor Air Quality standards. o The Row House will never use ozone generators or other ionizers, which may have adverse health effects and impair the potency, quality, and shelf life of cannabis products. 6.b Packet Pg. 192 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 22 of 43 D ISPLAY OF P ERMIT AND C ITY B USINESS L ICENSE – SBMC §5.10.310(L ) In addition to the above signage policies, and in accordance with SBMC §5.10.310(l) and BCC §5039, The Row House shall prominently display the original state license and the cannabis business permit issued by the City of San Bernardino inside the licensed premises where these items can be viewed by state and local agencies and in an area that is within plain sight of the public. B ACKGROUND C HECK – SBMC §5.10.310(M ) All Owners, Managers, and Supervisors shall submit fingerprints to the City of San Bernardino Police Department for a background check, per SBMC §5.10.310(m). Furthermore, as a condition of employment, all employees will undergo a LiveScan background check. Only criminal records containing offenses that are prohibited under state or local laws or regulations will be considered as disqualifying. Per SBMC §5.10.070, The Row House shall maintain criminal records of employees, which The Row House shall provide to the Chief of Police or his/her designee, upon request. L OITERING – SBMC §5.10.310(N ) The Row House shall prohibit loitering on or within 50 feet of the premises, as required by SBMC §5.10.310(n). During operating hours, a Security Guard will monitor the main entrance at all times and will deter loitering, public consumption, or other nuisances in the vicinity of the facility. The Security Guard shall escort any individuals suspected of loitering away from the property. To prevent loitering during non-operational hours, and with explicit approval by the City of San Bernardino, The Row House’s security vendor, Netwatch, shall provide live remote surveillance of the entire facility, including perimeter surveillance, and shall promptly instruct any unauthorized individual to immediately leave the premises via an intercom speaker. If individuals suspected of loitering refuse to leave the premises after being prompted by a Security Guard or Netwatch, The Row House shall notify local law enforcement according to procedures outlined in the Security Plan of this application. P ERMITS AND OTHER A PPROVALS – SBMC §5.10.310(O ) Prior to the establishment or operation of any commercial cannabis business, The Row House shall first obtain all applicable planning, zoning, building, and other permits from the relevant governmental agency. U NOBSTRUCTED V IEW – SBMC §5.10.310(Q ) SBMC §5.10.310(q) states, “The interior and exterior of the premises of the commercial cannabis business shall be well lit at all times. The windows of the building shall provide an unobstructed view into the interior.” However, SBMC §5.10.310(c) 6.b Packet Pg. 193 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 23 of 43 mandates that no cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of the proposed dispensary premises or on delivery vehicles. Therefore, The Row House shall consult the City of San Bernardino to determine the appropriate accommodation for these two potentially conflicting requirements. If acceptable to the City, The Row House shall ensure that all windows are unobstructed by any privacy coverage, such as frosted glass, curtains, or other materials, or The Row House shall develop alternative techniques to prevent cannabis and cannabis products from being seen outside the premises (such as placing products along a wall not visible from the street, and/or obscuring product packaging during transactions, prior to placement in the exit packaging. The Row House shall ensure that the interior and exterior of the premises are well lit at all times. O THER O PERATIONAL R EQUIREMENTS – SBMC §5.10.320 The Row House shall continuously monitor SBMC for changes or additions relevant to dispensary operations. In accordance with SBMC §5.10.320, these changes may include any additional commercial cannabis business operational requirements or regulations determined to be necessary to protect the public health, safety, and welfare. Compliance Advisor Sam Sabzehzar will work with The Row House to monitor local and state cannabis rules and regulations and advise on changes necessary for continuous compliance of dispensary operations. TRANSPORTATION AND DELIVERY OPERATIONS R ECEIVING D ELIVERIES FROM L ICENSED D ISTRIBUTORS Based on information gathered from other dispensary operations, The Row House will expect to receive deliveries from licensed cannabis distributors once per day. However, the precise frequency of deliveries will depend on customer demand as well as the capacity of distributors in the licensed marketplace. To streamline inventory management and decrease security risks during chain of custody transactions, The Row House will keep deliveries of wholesale product to a minimum. The Row House shall ensure that chain of custody transactions meet stringent standards and shall update SOPs to comply with state and local requirements and best practices. The Row House shall receive shipments of cannabis product only from state-licensed distributors and only at the rear entrance, which will not be publicly visible or accessible. Shipments will be scheduled in advance; The Row House will not accept unscheduled or unexpected shipments. All shipments will be checked against a 6.b Packet Pg. 194 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 24 of 43 shipping manifest containing information on the identity of the distributor, expected time of delivery, and expected inventory. The Row House will implement the following security protocols when receiving wholesale product deliveries: • All transactions will occur under video surveillance and with at minimum two dispensary employees present, including a Manager and a Security Guard. • The distributor will be admitted to the premises only in the vicinity of the scheduled delivery time; at any other time, a dispensary employee will record the distributor’s information and require the distributor to leave. • The Security Guard will verify driver identification prior to entry. • If the distributor is authorized, the Security Guard will notify a Supervisor that the distributor is on-site and will record the time, date, distributor identity, and vehicle information. • A dispensary employee responsible for chain of custody transactions will verify the transportation and delivery manifest and accept the shipment. • Upon acceptance into the dispensary’s chain of custody, all cannabis goods will be transported directly to the Secure Storage Room; cannabis products will remain under video surveillance at all times. • Access to the Secure Storage Room will be limited to managers, who will always require that a second dispensary employee accompany them into the Secure Storage Room. • The Row House will expect distributors to follow all of the dispensary’s security SOPs, and The Row House will adopt any additional security protocols required by the distributor. • Any business between The Row House and the distributor will occur in the Receiving Office. • After business is conducted between The Row House and the distributor, a Manager or Security Guard shall escort the distributor to the rear entrance/exit. D ELIVERIES TO Q UALIFIED C USTOMERS Per SBMC §5.10.330(b), The Row House shall only deliver to customers located in counties or cities that do not expressly prohibit delivery by ordinance. The Row House shall deliver to customers within the City of San Bernardino only after obtaining a commercial cannabis business permit and applicable state licensure. The following Delivery Plan describes the processes and procedures that The Row House shall follow to ensure security during the transportation and delivery of cannabis in compliance with SBMC and BCC Emergency Regulations, as well as with other 6.b Packet Pg. 195 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 25 of 43 relevant local and state rules and transportation laws. In accordance with BCC §5403(a), all deliveries shall occur between 6 am and 10 pm. O VERVIEW OF D ELIVERY P ROCESS Upon receiving a delivery order through an online ordering system, such as OnFleet, The Row House personnel will execute the following steps sequentially, assuming no abnormal circumstances. 1. The order will be assigned to a Dispensary Technician, who will prepare the order for delivery, including supplementary paperwork. 2. The Quality Assurance Manager will review and verify the order and then secure the order’s exit packaging and apply SafePak or other secure system (described below) in preparation for loading. The Quality Assurance Manager will group deliveries into routes. 3. When all products for a route are ready to dispatch, the Quality Assurance Manager will assign and notify a Delivery Driver. 4. The Delivery Driver will present employee identification to the Receptionist. A Security Guard will escort the Delivery Driver to the Receiving Office. 5. In the Receiving Office, the Delivery Driver will present all applicable paperwork (including driver’s license, state and local cannabis business permits, employer- issued badge, and insurance paperwork). The Security Guard and Quality Assurance Manager will confirm that all paperwork is in order and that the Delivery Driver is dressed professionally, with no clothes or accessories suggesting a connection to cannabis or a cannabis business. 6. Upon approval, the Quality Assurance Manager will transfer possession of the items prepared for the delivery route to the Delivery Driver. At this time, the Delivery Driver will also receive all paperwork associated with the route, including all delivery request receipts. 7. The Security Guard will escort the Delivery Driver with the items for delivery to the delivery vehicle and will verify that the vehicle’s secure product storage in the trunk is empty. The Security Guard will monitor the area while the Delivery Driver locks all items in the vehicle’s secure product storage. 8. The Delivery Driver will communicate with the Quality Assurance Manager and will follow the route recommended via OnFleet or equivalent driver management software, maintaining situational awareness and abiding by all applicable laws at all times. OnFleet or the equivalent software will use GPS to allow the Quality Assurance Manager to monitor the Delivery Driver. 9. The Delivery Driver will deliver the first item on the route, following all protocols for personal safety, patient or customer communication, dispatch 6.b Packet Pg. 196 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 26 of 43 communication, and cash and product handling. As part of this process, the Delivery Driver will ask for and review the government-issued identification (typically a driver’s license) of the recipient. The Delivery Driver shall also require the recipient to sign the delivery request receipt prior to transferring possession of the delivery package. 10. The Delivery Driver will repeat Steps 8 and 9 until all items on the route have been delivered. 11. The Delivery Driver will return to the dispensary facility. 12. In accordance with cash-handling protocols, the Quality Assurance Manager, escorted by a Security Guard, may empty the vehicle’s cash safe. Otherwise, the Delivery Driver will begin another route following the steps above. 13. At the end of the Delivery Driver’s shift, after the Quality Assurance Manager has emptied the secure cash safe and verified that the secure product storage is empty, the Delivery Driver will return the vehicle to the designated delivery vehicle parking space. S ECURITY AND S AFETY P ROCEDURES Operating primarily off-site and independent of the secure dispensary facility, Delivery Drivers will require specialized training and support. The Security Plan of this application details the protocols established for this purpose, which include the following: • No personal cell phone on delivery routes; • No markings or visible cannabis affiliation on vehicles; • Communication with the Quality Assurance Manager using a hands-free headset; • Software that tracks the GPS of both the driver and the vehicle; • Substantial training and drilling on situational awareness and contingency plans, including how to react in the event that a given security incident occurs; • SOPs, such as always locking the vehicle doors, that enhance security at all times; and • Absolute adherence to all state and local traffic rules and regulations, including following posted speed limits, practicing defensive driving, wearing seat belts, and taking eligible breaks. With support from the Quality Assurance Manager, COO Ryan Mierau will ensure that all Delivery Drivers are thoroughly trained on and follow all safety and security procedures. The Quality Assurance Manager will monitor Delivery Drivers during their routes and will report any deviations from SOPs, as well as any potential incidents as communicated by the Delivery Drivers. In the event of any violation, the COO may 6.b Packet Pg. 197 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 27 of 43 discipline Delivery Drivers, require re-training, or implement other processes required to ensure adherence to all protocols. C USTOMER V ERIFICATION M ETHODS Delivery Drivers will be trained to detect false or borrowed identification by following the Law Enforcement Guide to False Identification and Illegal ID Use handbook developed by the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention. These techniques may include: • Scrutiny of the identification photo in comparison to the user in terms of e.g., permanent facial characteristics, hair color, facial hair, hair style, height, and weight • Validation of identification in terms of form, expiration date, or duplication • Scrutiny of the medical recommendation and/or Medical Cannabis Identification Card • Questioning the holder of the identification to verify identity C ASH AND P RODUCT S TORAGE As described in the Security Plan, each vehicle used to transport cannabis products will be equipped with two separate security systems. For cash storage, the delivery vehicle will contain a bolt-down vehicle safe installed via a fixing plate or bracket and bolted to the chassis of the vehicle. Drivers shall not have access to the cash in the safe at any time. Product will be securely stored in the trunk of the vehicle using a secondary system also attached to the vehicle chassis. This system will be comparable to the SafePak system demonstrated in Exhibit A-5: SafePak System. The system will require each delivery package to be secured and released individually and will include a method of demonstrating that the shipment has not been tampered with, such as the SafePak numbered zip tie system illustrated in the exhibit. V EHICLE T YPE The Row House will purchase hybrid or electric vehicles such as the Prius, or comparable small-engine economy cars, to promote optimal fuel efficiency and environmental sustainability. The specific vehicles purchased will depend on availability at the time of purchase. E MPLOYEE R EQUIREMENTS In compliance with BCC §5415, an employee of The Row House shall perform all cannabis product deliveries. Delivery Drivers and anyone accompanying the Deliver Driver shall be at minimum 21 years of age and shall have a clean driving record, per BCC §5415(b) and SBMC §5.10.310(j). The Delivery Manager shall maintain an accurate 6.b Packet Pg. 198 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 28 of 43 list of all Delivery Drivers, which shall be provided to local and state officials upon request, per BCC §5415(f). D ELIVERY R OUTES In compliance with BCC §5421, while delivering cannabis goods, Delivery Drivers shall travel only from The Row House’s licensed premises to the delivery address; from one delivery address to another delivery address; or from a delivery address back to the retailer’s licensed premises. The Delivery Driver shall not deviate from the delivery path, except for necessary rest, fuel, or vehicle repair stops, or because road conditions make continued use of the predetermined route unsafe, impossible, or impracticable. Delivery Drivers shall communicate all deviations to the Quality Assurance Manager using a hands-free headset, and the Quality Assurance Manager shall monitor the Delivery Driver’s route using GPS tracking with the OnFleet system or an equivalent. D ELIVERY R EQUEST R ECEIPTS Per BCC §5420, prior to delivery, an employee of The Row House shall prepare a delivery request receipt for each delivery of cannabis goods. The delivery request receipt shall contain the following: • The name and address of The Row House; • The first name and employee number of The Row House employee who will deliver the order; • The first name and employee number of The Row House employee who prepared the order for delivery; • The first name of the customer and the customer number assigned by The Row House to the person who requested the delivery; • The date and time the delivery request was made; • The delivery address; • A detailed description of all cannabis goods requested for delivery, including the weight, volume, or any other accurate measure of the amount of any cannabis goods requested; • The total amount paid for the delivery, including any taxes, fees, cost of cannabis goods, and any other charges related to the delivery; and • The date and time the delivery was made and the signature of the customer who received the delivery (added to the receipt upon delivery). At the time of the delivery, the Delivery Driver shall provide the customer who placed the order with a copy of the delivery request receipt. The Delivery Driver shall retain a signed copy of the delivery request receipt for The Row House’s records. The Row House shall retain receipts for seven years, at minimum, and The Row House may store receipts digitally. 6.b Packet Pg. 199 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 29 of 43 REGULATORY COMPLIANCE The Row House shall implement strict protocols and procedures to ensure full compliance with the local and state laws per SBMC Title 5 Chapter 10 (including SBMC §5.10.280 and SBMC §5.10.420) as well as BCC Title 16 Division 42 Chapter 1 and 3, and the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use. Policies and procedures promulgated from SBMC § 5.10.280 are specifically addressed in the Security Plan of this application. The Row House shall maintain the highest standards of integrity at all levels of operations, including maintaining continuous compliance with all applicable state and local laws. To fulfill these responsibilities, The Row House has designated COO Ryan Mierau as the team member who shall ensure compliance with all aspects of SBMC Chapter 5.10, all statutory and regulatory requirements issued pursuant to MAUCRSA, and any regulatory clarifications issued by state or local authorities, including California’s BCC. The COO shall design and implement SOPs based on these regulations and shall track changes to local and state regulations as necessary. Given the likelihood of rapid regulatory changes at the state level, The Row House shall maintain an adaptive and flexible compliance plan to ensure continuously compliant operations. Ryan owns and operates two Jimmy John’s restaurants in the City of San Bernardino and Redlands, respectively. In these roles, Ryan maintains continuous compliance with certificates of occupancy, liquor licensing, commercial zoning, health department regulations, food service certifications, and garbage removal. In addition to Ryan’s experience in a highly-regulated food and delivery franchise, Ryan has contracted with Compliance Advisor Sam Sabzehzar. As Co-Founder, Industry Expert, and Ethics and Compliance Officer at cannabis consulting firm Cushman Greenfield, Sam is highly familiar with California cannabis regulations. He is a cannabis industry activist who has spent over 10 years advocating for the safe and responsible use of cannabis. He has helped secure cannabis business licenses across the United States, building expertise in investigative, transactional, consultative, and performance- based cannabis applications and operations. Sam is also actively involved in City of San Bernardino politics and civic activity. The Row House’s Community Benefits Advisor Jacob Flores, who is also the San Bernardino Parks and Recreation Commissioner and active in City of San Bernardino politics and civic life, shall also support The Row House’s regulatory compliance. The Row House does not currently hold any local or state licenses for any cannabis activity and will not commence operations until securing all appropriate licenses, permits, and certificates. Upon receiving a cannabis retail permit from the City of San 6.b Packet Pg. 200 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 30 of 43 Bernardino, The Row House shall apply to the California BCC for a Type 10 Storefront Retailer Licenses for both medical and adult use activity. With the relevant permits and licenses, The Row House shall conduct business only with other state-licensed cannabis businesses. In particular, The Row House shall receive product shipments only from state-licensed distributors who have completed testing and quality assurance required by state law. The Row House shall establish and adhere to SOPs for security, odor control, waste disposal, track and trace, inventory management, record-keeping, quality assurance, and any other process required by state or local law or regulation. The Row House shall also implement SOPs to ensure that cannabis will be dispensed only to individuals with proper identification and documentation, per BCC §5402. The Row House shall implement procedures to ensure that all taxes, including state sales tax, state cannabis excise tax, and any local tax determined by the City of San Bernardino, are collected and remitted. In compliance with BCC §5037, The Row House shall retain all required records associated with cannabis activity for the appropriate length of time in compliance with all relevant BCC rules and regulations. The Row House shall make records available to the City of San Bernardino authorities or the BCC upon request and shall make the dispensary premises available for inspection to verify compliant operation. The Row House’s operating procedures will be further inspired by the 2008 California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medicinal Use that clarified the “collective and cooperative” model of business under SB 420. Although these Guidelines are no longer the legal basis for cannabis operations, many of the Guidelines are reiterated in MAUCRSA regulations or are best practices in the industry. With this inspiration, The Row House will provide clear guidance to staff and customers with respect to verifying medical recommendations, as applicable; purchasing cannabis only as provided by law; disallowing unlawful weapons and illicit drugs on the premises; adhering to a lawful supply chain with strict safeguards against distribution outside of California; and stringent age verification of all customers. In addition to developing, implementing, and updating dispensary SOPs, the COO shall strictly monitor state and local compliance using compliance checklists that cover all relevant BCC regulations and SBMC Chapter 5.10. U PDATES TO E NSURE C ONTINUOUS C OMPLIANCE The COO or a designated employee shall monitor the City of San Bernardino and BCC websites for regulatory updates. In the event that any relevant rule or regulation changes, the COO shall update all checklists and procedures to ensure continuous 6.b Packet Pg. 201 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 31 of 43 compliance. Updates to SOPs or checklists shall automatically trigger the assignment of a new version number. The Row House shall designate a managerial-level employee to prepare summary reports on a quarterly basis, at minimum; review the implementation of the plan, procedures, and checklists; and ensure the success of these measures in terms of maintaining The Row House’s compliance with all laws and regulations. The designated employee shall submit these reports to the COO, who shall prepare semi-annual or annual reports of The Row House’s records for regulatory agencies, if required. The Row House’s leadership team shall review the plans, procedures, and checklists on an annual basis, at minimum. This may include a legal or regulatory review to ensure compliance in the event of significant changes to the regulations or policies. The COO shall coordinate with the Compliance Advisor to ensure that all employees are trained on updated materials. I NVESTIGATING C OMPLIANCE I SSUES The Row House shall comply with all state and local laws and regulations and shall prevent non-compliant activities while respecting the rights of employees. To fulfill these responsibilities, The Row House has developed investigative protocols based on recommendations from the Society for Human Resource Management, which is the world’s largest human resources professional society and provides resources for achieving balance between employer and employee rights and responsibilities. The Row House shall apply these protocols to investigate suspected diversion, as well as events or practices that suggest The Row House may be non-compliant. The Row House shall ensure that investigations are conducted in a manner fair to both employer and employee, including ensuring that investigative practices are consistent and timely and that appropriate personnel are adequately informed of the status of ongoing investigations. Any employee who is found to be attempting to deceive or actually deceiving an investigator and/or supervisory personnel, or impeding an investigation by an investigator and/or supervisory personnel, will be subject to discipline, up to and including termination. The Dispensary Department Manager or Store Manager shall report to the COO in a timely manner on minor concerns that do not involve diversion or other major issues and can be quickly corrected without requiring disciplinary action. Here, “timely manner” will typically mean within one business day, and the report will include actions recommended to prevent a recurrence of the issue. The COO shall review and respond to the report within one business day, including determining whether the situation has been appropriate resolved, and shall maintain a record of all such compliance concerns. The COO shall communicate the issue, remediation actions, and final 6.b Packet Pg. 202 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 32 of 43 resolution to relevant parties, including other Managers, employees, law enforcement, or regulatory agencies, as appropriate. C OMPLIANCE C HECKLISTS Under the guidance of the COO, The Row House shall prepare compliance checklists specific to BCC regulations, as well as rules promulgated by SBMC §5.10. The Row House shall use these checklists when developing all SOPs. Before finalizing SOPs, the COO shall use the checklists to ensure the draft SOP addresses all applicable compliance requirements. The COO shall monitor regulatory updates and apply them to the compliance checklists, assigning a new version number to updated checklists and including an update summary with references to regulations and descriptions of the updates on the first page of the new compliance checklist. The Row House shall maintain completed checklists in the dispensary’s files for a minimum of seven years. In addition to updating compliance checklists when applicable regulations have changed, the COO shall also conduct an annual review of current local and California state regulations and shall ensure that the compliance checklists and corresponding SOPs address any additional compliance requirements. Once compliance checklists have been updated, the COO shall update any applicable SOPs and develop additional compliance training for employees based on the changes. The COO shall review and approve of any changes or additions to SOPs and training material related to compliance requirements in a timely manner. Sample compliance checklists are provided in Exhibit A-6: Security Compliance Checklist (which includes SBMC §5.10.280 and BCC compliance checklists); Exhibit A- 7: Retail Compliance Checklist; and Exhibit A-8: General Operations Compliance Checklist. INVENTORY CONTROL PROTOCOLS In addition to physical security, stringent inventory management will be crucial to preventing diversion of cannabis product. The Row House will prevent diversion first by ensuring correct use of the track and trace system, with sufficient management oversight, in combination with physical checks on inventory. The Row House shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products in compliance with legislation set forth by MAUCRSA and the BCC Emergency Regulations. In addition to strictly adhering to California’s state laws, The Row House shall maintain records that identify the source of all products including company name, location, and license number in compliance with SBMC §5.10.270(d). 6.b Packet Pg. 203 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 33 of 43 With authorization from the San Bernardino City Manager or his/her designee(s), The Row House will use Cova, an integrative cannabis dispensary POS system that directly interfaces with the state-mandated Metrc track and trace system, to facilitate inventory management. Cova will enable The Row House to supplement Metrc’s protections against unlawful diversion of cannabis product with automated systems for accounting, gross sales (by weight), date and time of sales, tax remittance, auditing, historical transactional data collection, and compliance with changing state regulations. Cova can track cannabis batches and lots from seed to sale with unique identifiers, including verifying weight, amount, and valid movement through the supply chain. This inventory tracking system is compatible with the City of San Bernardino’s record-keeping system and complies with all of SBMC §5.10.310, including the required ability to report to the City on all aspects of the commercial cannabis business. Cova dispensary POS software includes features that exceed those available in other currently popular cannabis POS systems; in particular, Cova is designed to help dispensaries automatically comply with California’s laws and regulations. For example, the Cova POS system automatically monitors: • Purchase Limits – The Cova POS system automatically calculates the correct THC amounts for all products, including concentrates and edibles. By relieving staff of this complex task, the system prevents calculation mistakes and allows Dispensary Technicians to focus on customer service instead of mathematical conversions. The system enforces purchase limits by alerting staff when a limit has been reached and preventing Dispensary Technicians from executing a sale that would place a customer over the legal limit. • Hours of Operation – The Cova POS system can be easily configured to comply with local laws. Once operational hours are established in the system, the system will not allow sales to be executed outside the legal hours of operation, preventing potential violations before they occur. • Customer Identification Requirements – The Cova POS system can easily scan and record customer identification, ensuring that Dispensary Technicians further verify identification and virtually eliminating the risk of sales to minors or other individuals lacking the requisite documentation. • Accurate Real-Time Reporting – The Cova POS system generates management reports in real time. These reports can be easily distributed across the organization to ensure that appropriate personnel have the most up-to-date data. • Fully Compliant Product Labeling and Receipts – The Cova POS software can be used to customize all printed materials, including product labels and receipts, 6.b Packet Pg. 204 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 34 of 43 enabling The Row House to comply quickly and easily with all local regulations related to labeling and packaging. The Row House shall designate an Owner as the state-required account manager for operation of the track and trace system and its integration with Metrc. The account manager shall promptly attend state-mandated track and trace training on proper usage of the Metrc system. Upon completing training, the account manager will implement track and trace SOPs and will designate a limited number of employees as system users, who will each create a unique login username and password. The track and trace system will authorize users to enter only when using their own usernames and passwords, ensuring that all entries into the system will be tied to a responsible party. The Row House will train all persons authorized to use the track and trace system to monitor the misuse and diversion of cannabis. This will include training on what categories of information must be submitted, how to transmit information as specified by California’s BCC rules and regulations, time limits on information transmittal, and contingency solutions if the dispensary suffers a mechanical or electrical failure or is unable to meet a transmittal deadline for other reasons beyond the dispensary’s control. Transmitted information shall include dispensary identification, patient identification, physician recommendation date and identification, transaction date, quantity and number of days’ supply of dispensation, and originating source of cannabis. The Row House will also train employees on how to maintain patient confidentiality within the database. Authorized track and trace users shall enter all events required by BCC §5049 into the track and trace system, including: receipt, return, destruction, spoilage, or sale of cannabis goods; identity of the cannabis or cannabis product; and information associated with the time, date, and identity of incoming shipments from a distributor. All track and trace information will be entered promptly for each transaction, in most cases immediately. If feasible, The Row House will use transportation and delivery manifests to verify and automatically update the track and trace system. In all cases, The Row House will fully update track and trace information by 11:59 pm on the day that a transaction occurs. Authorized on-site Managers will monitor or spot-check transactions to verify that personnel are following procedures correctly. These Managers will also reconcile inventory removed from or returned to the Secure Storage Room daily to verify that physical totals of this subset of the total inventory match the amount expected from the track and trace system. In compliance with BCC §5424, The Row House shall perform a full inventory reconciliation every 14 days at minimum. If The Row House detects a significant 6.b Packet Pg. 205 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 35 of 43 discrepancy in inventory or evidence of theft, diversion, loss, or any other criminal activity pertaining to the operation of the facility and/or employees of the dispensary, The Row House shall immediately notify law enforcement and, within 24 hours, the BCC, providing all information required by state and local law. The Row House shall promptly audit the track and trace system to identify the cause of the discrepancy. In addition, as described in the attached Exhibit A-9: Sample Security Policy and required under BCC §5424, The Row House shall perform regular physical audits of the inventory on a bi-weekly basis. The attached sample document also describes the robust investigation policy that The Row House will enact in the event of any discrepancy. Per SBMC §5.10.310(d), the inventory management system shall be able to produce historical transactional data for review. The Row House shall keep all inventory records for seven years in compliance with BCC §5037. The Row House’s Quality Assurance Manager will oversee all inventory control procedures, including those detailed above. The Quality Assurance Manager will train other employees on these procedures and on safe product handling and storage procedures and verifying compliance with these best practices. THE ROW HOUSE BUDGET The Row House Budget will establish sustainable business practices and operational benchmarks for the long-term success of The Row House medical dispensary and adult use cannabis retail outlet. This budget includes construction, operation, maintenance, employee compensation, equipment, utility, and other operational costs, and The Row House will demonstrate herein that sufficient capital is in place to pay start-up costs and three months of operating costs, at minimum. In complete compliance with SBMC §5.10.270(a), The Row House shall maintain accurate books and records in an electronic format, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis (at or before the time of the renewal of its commercial cannabis business permit issued by the City of San Bernardino), or at any time upon reasonable request of the City Manager or his/her designees, The Row House shall file a sworn statement detailing the number of sales by its business during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include, at minimum, gross sales for each month, and all applicable taxes paid or due to be paid, including but not limited to, employee withholdings. On an annual basis, The Row House shall submit to the City a financial audit of its business operations, which shall be conducted by an independent certified 6.b Packet Pg. 206 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 36 of 43 public accountant. Upon request of the City Manager, or his/her designee, The Row House shall provide copies of the last (3) years of its local, state and federal tax returns so that the City may verify the information provided above. This Row House Budget presented below includes the following: a timeline for beginning and maintaining business operations, a schedule for employee raises and increased compensation, projected start-up and operational budgets, and a three-year financial pro forma. To enhance The Row House’s prospects for success, three months of operating costs have been included in the start-up budget. B EGINNING O PERATIONAL M AINTENANCE Subject to licensure and relevant permitting from the City of San Bernardino, The Row House will begin the dispensary facility construction and tenant improvement phase during Q1 of Year 1 of operation. The Row House will require approximately $423,475 in initial start-up funding to cover the following expenses: • First three months’ lease $21,489 • Initial marketing and advertising $45,000 • Tenant improvements to the existing facility $150,000 • Design fees $20,000 • Permits, legal and licensing $35,000 • Equipment and accoutrement $10,000 • Security equipment and installation $22,800 • Inventory $67,500 • Training $9,906 • Wages and salaries $41,780 After implementing all tenant improvement, advertising, security, and training programs, The Row House will begin paying wages and salaries to all employees at the start of its third month of operation. The Row House has estimated that expenses for Month 1 of operation will be $152,747; this figure includes wages, salaries, operational expenses, and product inventory for the month of March, 2019. E MPLOYEE C OMPENSATION As detailed in the Local Enterprise Plan of this application, The Row House business model will support both the local community and long-term sustainability. As part of this business model, The Row House will remunerate all employees at a living wage, at minimum. The current minimum hourly wage in San Bernardino is $11.00; however, the living wage is considered to be approximately $12.30. At The Row House, no employee shall receive hourly wages less than $15. The Row House will also offer regular raises based on the length of time employed, with various incentives available 6.b Packet Pg. 207 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 37 of 43 to appropriate staff. In addition, all full-time staff will receive benefits, including health care and paid time off that exceeds local and state requirements. At this time, all executive-level employees shall be exempt from a regular salary or wage. Instead, executives shall receive compensation based on a percentage of the net profit, which shall be determined in line with quarterly profit and loss reports and considering the imperative to uphold sustainable business practices. In Year 1, COO and Owner Ryan Mierau shall also act as the Store Manager and assume responsibilities of the Quality Assurance Manager, which will thus not incur payroll expenses in Year 1. In Year 2, qualified candidates recruited through the hiring practices described in the Local Enterprise Plan will fill these positions, and they will be compensated as detailed in the table below. 6.b Packet Pg. 208 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 38 of 43 Paid Employee Positions ANNUAL SALARY YEAR 1 ANNUAL SALARY YEAR 2 ANNUAL SALARY YEAR 3 Store Manager (1) - $50,000 $50,500 Dispensary Department Manager (1) $37,500 $45,450 $45,905 Dispensary Technicians (6) $144,000 $174,528 $176,274 Receptionists (3) $40,500 $49,086 $49,578 Quality Assurance Manager (1) - $45,000 $45,450 Security Guard $87,504 $106,050 $107,112 Additional Employee Expenses (Training and benefits) $95,201 $164,015 $165,289 Total Personnel Expenses $404,705 $584,129 $589,608 O PERATIONAL B UDGET Over the initial three years of operation, The Row House will expect overall operational expenses of $3.4 million. On average, The Row House estimates annual operational expenditures of $1.2 million. The Row House’s projected revenue for Q1 of Year 1 is approximately $150,000. This figure is based on projected earnings in the initial three months of full operational status in an emerging market that is 18 months from expected maturation. The Row House will expect to generate gross revenue of approximately $10.4 million during Year 1 of operation, approximately 40 percent of The Row House’s target annual market share. The table below details The Row House’s major operational expenses, including construction, operation, maintenance, employee compensation, equipment, utility, and other operational costs. 6.b Packet Pg. 209 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 39 of 43 Operational Expenses YEAR 1 YEAR 2 YEAR 3 Lease: 2,000 SF $85,956 $85,956 $85,956 Security Monitoring $110,000 $132,000 $132,000 Communications $10,000 $12,000 $12,000 Utilities $50,000 $60,000 $60,000 Marketing and Advertising $180,000 $180,000 $180,000 Tenant Improvement to Facility $150,000 - - Design Fees $20,000 - - Permits, Legal, and Licensing $35,000 $35,000 $35,000 Equipment $10,000 - - Security Installations $22,800 - - COVA POS Software $4,500 $4,500 $4,500 Training $9,906 $1,758 - Personnel $367,205 $632,629 $637,540 Total Expenses $1,055,367 $1,143,843 $1,146,996 P ROOF OF C APITALIZATION To optimize The Row House’s prospects for continued success, the dispensary has secured $500,184 in start-up capital, which is more than the amount required to fulfill The Row House’s projected budget obligations, including startup costs, a minimum of three months of initial operating costs, and an additional commitment of $77,000 for unexpected costs and expenses. Sources of capital include: • Business Checking Accounts: o Joseph C Mierau LLC $158,125.02 • Personal Checking Accounts: o Joseph Mierau $342,058.62 6.b Packet Pg. 210 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 40 of 43 Please see Exhibit A-10: Capital Commitment Documentation for proof of available and accessible funds, as well as a letter of commitment for a minimum of $500,000 from the funder, Owner and CEO of The Row House, Joseph Mierau. F INANCIAL C ONTRIBUTIONS To provide meaningful financial assistance to the City of San Bernardino beyond generated tax revenue, The Row House will contribute five percent of net profits annually to charitable causes and community benefits, as well as City-sponsored services and programs, as outlined in the Community Benefits Plan. The Row House anticipates donating nearly $180 thousand in the second year of operations, and over $190 thousand in the third year of operations and thereafter. M ILESTONES The Row House has identified the following milestones to ensure the dispensary’s continued success and adherence to sustainable business practices: • Sales - $225,000 in one month: This value is 25 percent of the The Row House’s targeted monthly revenue from sales for Year 1 of operation • Sales - $450,000 in one month: This value is 50 percent of The Row House’s targeted monthly revenue from sales for Year 1 • Sales - $900,000 in one month: This value is 100 percent of The Row House’s targeted monthly revenue from sales for Year 1 • Balance – Secure a positive monthly cash flow balance by end of Q3 of Year 1 • Balance – Secure a cash balance of approximately $3 million by close of Year 1 STARTUP TIMELINE FOR COMPLETION AND PROPOSED CONSTRUCTION Q1: PRE-OPERATIONAL PHASE • Begin preparing materials required by local cannabis business permitting • Begin preparing SOPs for compliant retailing of medical and adult use cannabis • Engage consulting firm to ensure operational compliance • Identify potential locations • Secure finances o Operational requirement: $423,475 Q2: PRE-OPERATIONAL PHASE • Secure lease for proposed dispensary • Engage and secure architecture and design team o Expenditure: $20,000 6.b Packet Pg. 211 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 41 of 43 • Prepare application materials for the City of San Bernardino o Expenditure: $35,000 • Assemble final team members • Finalize team member contracts • Organize appropriately-licensed contractors, including for building renovations, fire safety, and security measures • Develop licensed supply chain, including local distributors • Applicant interviews for the City of San Bernardino • Apply for land use approval pursuant to the San Bernardino Zoning Ordinance • Apply for Type 10 Storefront Retail Licenses for both medical and adult use BCC licenses; pay applicable fees, charges, taxes, and deposits o Expenditure: $$22,800 Q3: PRE-OPERATIONAL PHASE • Begin assembling materials for on-boarding and staffing of the medical dispensary and adult retail outlet • Begin preparing Employee Manuals and training materials • Assess site security vulnerabilities and plan security installations with security vendor Netwatch and its affiliated approved alarm company • Begin community outreach and education process • Hold public hearing for the proposed location • Review proposal with building, fire, revenue, and police departments • Plan renovations and secure relevant building permits • Continue to develop licensed supply chain, including local distributors Q4: PRE-OPERATIONAL PHASE • Finalize all on-boarding and staffing materials • Finalize all training materials and manuals • Begin the hiring process and hold a local career fair as described in the Local Enterprise Plan of this application • Finalize personnel decisions and secure contracts with necessary vendors • Finalize all compliance requirements, including SOPs, Employee Manual, on-site manuals and filing system, and installation and training on track and trace system • Test all policies and procedures, including track and trace system and security equipment, prior to acquiring any cannabis product • Continue to engage with local community • Continue to develop licensed supply chain, including local distributors 6.b Packet Pg. 212 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 42 of 43 Q1: YEAR ONE • Complete planned renovations and all components of physical build-out, including security and surveillance equipment, and all subsequent inspections required for building permits; proposed renovations are detailed in Appendix A: Location. o Expenditure: $150,000 • Install and test security system; a proposal for security equipment and services is included in Exhibit A-11: Proposal for the Provision of the Netwatch System o Expenditure: $28,000 • Initiate marketing plan (first three months) o Expenditure: $45,000 • Provide initial training, as detailed in the Local Enterprise Plan • Test all policies and procedures, including track and trace system and security equipment, prior to acquiring any cannabis product • Plan and execute Grand Opening, subject to all legal and compliance requirements and the compliant acquisition of cannabis products from licensed distributors • Maintain strict inventory and security protocols by monitoring and enforcing the implementation of all policies and procedures • Continue to engage with local community • Submit initial tax payments to the City of San Bernardino and the State of California • Evaluate and plan delivery service • Continue to develop licensed supply chain, including local distributors A SSUMPTIONS The proposed dispensary will be located 60 miles east of Los Angeles in a densely populated area that is home to several colleges and universities. The Row House will provide a wide variety of dry cannabis flower and cannabis products to both qualifying patients and adults over the age of 18 years. The City of San Bernardino is limiting the number of permits allocated to new dispensary businesses to five. In addition to these five new permits, three licensed dispensaries are currently operating in The Row House’s identified target region and intended service area. Therefore, The Row House has generated the pro-forma included herein, which includes operational expenses and profits and losses for Years 1, 2, and 3 of operation, based on the following assumptions: • That 4,400 qualifying patients in the City of San Bernardino are currently seeking medical cannabis treatment 6.b Packet Pg. 213 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan Page 43 of 43 • That medical patients will frequent a dispensary facility once every two weeks, as indicated by purchasing patterns • That the average transaction cost will be approximately $160.00 per individual, per transaction • That the City of San Bernardino is home to an adult use cannabis market consisting of approximately 17,600 qualifying individuals • That adult use customers demonstrate more erratic purchasing patterns in terms of frequency, quantity, and cost, but research has demonstrated that the average adult use cannabis customer will spend approximately $275–400 each month on cannabis products • That the average cost of a gram of dry cannabis flower will be $12.50 • That the average cost of a gram of cannabis concentrate will be $40.00 • That the cost of renovations to the existing establishment will be $125 per square foot • That the starting investment will be $500,000 The Row House has projected additional market share and revenue streams from areas located within a 12.25-mile radius of the dispensary, based on the following supplemental assumptions: • That this 12.25-mile radius bounds major areas of commerce and industry for the cities of Riverside, Grand Terrace, Loma Linda, and Redlands • That this radius includes three major universities: University of California, Riverside; University of Redlands; and Loma Linda University • That the total number of cannabis customers in this region, including both medical and adult use, will be 55,000 qualifying individuals • That approximately 30 percent of the overall cannabis market in this region will be controlled by delivery service operations 3-YEAR PRO FORMA A pro forma for three years of operation, including statements of projected profit and loss, yearly projected balance sheets, projected cash flow statements, and a monthly break down of these statements for 2019 are included on the following pages. 6.b Packet Pg. 214 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan: Pro Forma Page 1 of 9 The Row House Pro Forma Statement: Projected Profit and Loss 2019 2020 2021 Revenue $10,440,000 $24,360,000 $25,698,000 Direct Costs $4,702,500 $10,967,400 $11,569,500 Gross Margin $5,737,500 $13,392,600 $14,128,500 Gross Margin % 55% 55% 55% Operating Expenses Salaries & Wages $309,504 $470,114 $474,819 Employee Related Expenses $108,326 $164,540 $166,187 Lease: 2,000 SQ FT $85,956 $85,956 $85,956 Security Monitoring $110,000 $132,000 $132,000 Communications $10,000 $12,000 $12,000 Utilities $50,000 $60,000 $60,000 Marketing and Advertising $180,000 $180,000 $180,000 Tenant Improvement to Facility $150,000 Design Fees $20,000 Permits, Legal and Licensing $35,000 $35,000 $35,000 Equipment $10,000 Security Installation $22,800 Point of Sale: Cova $4,500 $5,400 $5,400 Training $9,906 $1,758 Total Operating Expenses $1,105,992 $1,146,768 $1,151,362 Operating Income $4,631,508 $12,245,832 $12,977,138 Interest Incurred $5,450 $6,173 $6,417 Depreciation and Amortization Income Taxes $925,211 $2,447,932 $2,594,145 Total Expenses $6,739,154 $14,568,272 $15,321,424 Net Profit $3,700,846 $9,791,728 $10,376,576 Net Profit / Sales 35% 40% 40% 6.b Packet Pg. 215 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan: Pro Forma Page 2 of 9 Statement: Projected Balance Sheet 2019 2020 2021 Cash $4,542,598 $14,617,243 $25,086,928 Accounts Receivable $0 $0 $0 Inventory $913,961 $964,125 $964,125 Other Current Assets Total Current Assets $5,456,559 $15,581,368 $26,051,053 Long-Term Assets Accumulated Depreciation Total Long-Term Assets Total Assets $5,456,559 $15,581,368 $26,051,053 Accounts Payable $239,123 $251,700 $251,664 Income Taxes Payable $482,890 $611,974 $648,524 Sales Taxes Payable $728,250 $913,497 $963,675 Short-Term Debt $155,450 $161,623 $168,040 Prepaid Revenue Total Current Liabilities $1,605,713 $1,938,794 $2,031,903 Long-Term Debt Total Liabilities $1,605,713 $1,938,794 $2,031,903 Paid-In Capital $150,000 $150,000 $150,000 Retained Earnings $3,700,846 $13,492,574 Earnings $3,700,846 $9,791,728 $10,376,576 Total Owner's Equity $3,850,846 $13,642,574 $24,019,150 Total Liabilities & Equity $5,456,559 $15,581,368 $26,051,053 6.b Packet Pg. 216 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Business Plan: Pro Forma Page 3 of 9 Statement: Projected Cash Flow Statement 2019 2020 2021 Net Cash Flow from Operations Net Profit $3,700,846 $9,791,728 $10,376,576 Depreciation & Amortization Change in Accounts Receivable $0 $0 $0 Change in Inventory ($913,961) ($50,164) $0 Change in Accounts Payable $239,123 $12,577 ($37) Change in Income Tax Payable $482,890 $129,084 $36,550 Change in Sales Tax Payable $728,250 $185,247 $50,178 Change in Prepaid Revenue Net Cash Flow from Operations $4,237,148 $10,068,473 $10,463,268 Investing & Financing Assets Purchased or Sold Investments Received $150,000 Change in Long-Term Debt Change in Short-Term Debt $155,450 $6,172 $6,417 Dividends & Distributions Net Cash Flow from Investing & Financing $305,450 $6,172 $6,417 Cash at Beginning of Period $0 $4,542,598 $14,617,243 Net Change in Cash $4,542,598 $10,074,645 $10,469,685 Cash at End of Period $4,542,598 $14,617,243 $25,086,928 6.b Packet Pg. 217 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ENHANCED PRODUCT SAFETY D ESCRIBE HOW THE CCB WILL ENSURE ENHANCED CONSUMER SAFETY AS REQUIRED BY S TATE OR LOCAL LAW. T HE R OW H OUSE C OMMERCIAL C ANNABIS B USINESS J UNE 2018 6.b Packet Pg. 218 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 1 of 9 ENHANCED PRODUCT SAFETY PLAN The Row House will ensure product quality and enhanced consumer safety by partnering only with reputable, compliant, and licensed cultivators, manufacturers, and distributors who have had their products tested for biological and chemical contaminants in compliance with California state law. State law assigns state-licensed distributors with primary responsibility for quality assurance and testing. All quality assurance and testing standards must be met before distributors are authorized to transport cannabis goods to dispensaries for final sale. Given these requirements, The Row House’s role in ensuring product quality and enhanced consumer safety will not be the direct testing of products, but rather performing due diligence. To that end, The Row House shall adopt several procedures, as detailed below, to ensure its products meet or exceed standards required by California state and City of San Bernardino law. The Row House shall also review best practices from other licensed dispensary facilities and implement their enhanced product safety practices where applicable and relevant to The Row House’s business operations and product offerings. Q UALITY ASSURANCE The Row House will designate a Quality Assurance Manager to be responsible for all inventory controls; product testing, safety, and quality; and responding to customer feedback. Upon receiving cannabis products from a distributor, the Quality Assurance Manager or a designee will: • Verify that each product has received a Certificate of Analysis from a licensed testing laboratory certifying that the product meets safety standards required by California state law; • Visually inspect incoming products to detect lapses in packaging, labeling, or product quality; • Verify, through inventory tracking alerts (if available) and through visual inspection of products at time of sale, that cannabis goods have not exceeded their expiration date prior to sale to a customer, per Bureau of Cannabis Control (BCC) §5406; and • Train dispensary employees on key issues of concern and when to report problems or suspicions. R ESPONSIBLE S UPPLY C HAIN The Row House will contract only with high-quality and reputable licensed distributors, cultivators, and manufacturers, as determined by their demonstrated compliance with 6.b Packet Pg. 219 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 2 of 9 California and local laws and adherence to Good Manufacturing Practices. The Row House will cease to do business with any suppliers that demonstrate repeated violations, customer complaints, or poor product quality. E XCEEDING R EQUIRED T ESTING S TANDARDS California’s emergency cannabis licensing regulations allow a “grace period” in which cannabis products are not required to be tested, so long as such products are labeled to inform the customer of that fact. However, given the severe pesticide issues that have been identified over the last several years in California, when no testing was required at a state level, The Row House will prioritize the interests of the dispensary’s patients and customers and will refrain from selling any product that has not been certified as compliant by a licensed testing laboratory. Investigations over the last year have found significant quantities of cannabis tainted with myclobutanil, a pesticide that converts to hydrogen cyanide upon combustion. A white paper released by Steep Hill Labs in 2017 reported the laboratory’s findings that over 65% of cannabis products were tainted with myclobutanil and that over 75% of products contained levels of pesticides that would fail under current state standards. The Row House leadership team firmly believes that all cannabis products should be tested and held to strict standards, and therefore The Row House will acquire and sell only cannabis products with Certificates of Analysis demonstrating compliance with state safety standards obtained from distributors and vendors who have acquired all appropriate licensures. In addition, The Row House shall carry only products that meet or exceed all testing standards required by the California BCC, and any subsequent state or local requirements. These standards include testing for cannabinoids, heavy metals, foreign materials, microbial impurities, mycotoxins, homogeneity, moisture content, residual pesticides and solvents, and terpenoids. The Row House shall develop processes for selecting vendors that vet manufacturers by identifying which state-licensed laboratories test their products and for requiring vendors to notify The Row House if their testing laboratories change. R ETURN OF P RODUCTS In the event that a product is defective or does not meet high quality standards, The Row House will accept returns of cannabis products. The Row House will make the Quality Assurance Manager’s contact information available to customers or patients with product complaints, and the Quality Assurance Manager will promptly respond to complaints. The Row House shall render any product that must be destroyed, including all returned products, unusable and unrecognizable and shall dispose of such products in compliance with BCC §5055 or a comparable permanent regulation. If a complaint or complaints about a cannabis product indicate that a recall may be necessary, The 6.b Packet Pg. 220 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 3 of 9 Row House will work with state regulators and the vendor to determine if a recall is warranted. C OMPLIANCE WITH P RODUCT R ECALLS The Quality Assurance Manager will oversee and implement all product recalls. The COO will ensure that all employees, including the Quality Assurance Manager, are adequately trained on recall procedures, and the COO will support the Quality Assurance Manager in implementing those procedures. Any staff member who receives a recall notification will immediately inform the Quality Assurance Manager, who will enter the weight, quantity, strain, variety, batch number, and other specific recall information into the track and trace system. Using this information, the Quality Assurance Manager will identify all inventory that meets the description of the recalled items and will then initiate recall segregation procedures, moving all recalled items into storage dedicated for these products. The Quality Assurance Manager shall remove the product from the POS system, Weedmaps, and the online ordering system and will notify the distributor who provided the product. The Quality Assurance Manager will explain the issue and arrange for the product to return to the distributor for proper disposal. Within 24 hours of receiving a recall notification, the Community Relations Manager will identify and contact any and all customers, patients, caregivers, employees, or others who have handled, purchased, and/or returned the affected product through The Row House. The Community Relations Manager will instruct customers who are known to have purchased the product(s) to return the affected inventory to The Row House and/or follow all instructions given by the state, as appropriate. The Row House shall arrange financial credit or product exchanges to affected customers, as with any other product returns. Within 48 hours of the recall, the Quality Assurance Manager and Community Relations Manager will report to the COO on the implementation of the recall policy and all returned product. The Row House shall complete any and all BCC reporting requirements in a timely fashion and shall make all tracked information regarding recalls available to regulators for inspection at any time. A UDIT OF PROBLEMS Quality concerns may be identified through regularly scheduled inventory audits, inventory control tracking software, complaints by employees or clientele, or any other means. In the event that a problem has been identified, the Quality Assurance Manager will conduct an audit to review and resolve the quality concern. The Quality Assurance Manager will then review and update policies and procedures to reduce the likelihood that the concern will be repeated, or to ensure that the concern will be 6.b Packet Pg. 221 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 4 of 9 discovered prior to the purchase or sale of an affected product. Such reviews will occur in a timely manner and within one month of the concern being raised. These audits shall also trigger audits of all related products. For instance, if there is a problem with the packaging of a product, then the Quality Assurance Manager shall audit all packaging from the vendor who produced the problematically-packaged product. R ELATIONSHIP WITH CB L ABS The Row House will establish and maintain a relationship with a southern California- based cannabis testing facility, such as CB Labs, with the goal of enhancing product safety through rigorous testing. This relationship may also include providing education with respect to testing standards and understanding test results, seeking product testing under unusual circumstances, or recommending a testing facility to local distribution companies. In alignment with The Row House’s mission to support local enterprises and community enhancement, The Row House will, as soon as the opportunity arises, partner with a licensed a cannabis testing facility in the City of San Bernardino that operates in strict compliance with SBMC §5.10.350. A DDITIONAL S AFETY S TANDARDS This relationship and the procedures described in this Plan will ensure that The Row House meets and exceeds all state and local quality requirements for all cannabis products, including flower, concentrates, topicals, and edibles. In meeting state and local requirements, The Row House will also, in most cases, substantially exceed federal safety standards for analogous products. Although the federal government does not promulgate testing standards for cannabis products, state standards developed by the BCC rely on a combination of cannabis-specific research and existing federal standards for food, drugs, and tobacco. The BCC considered existing standards from the United States Pharmacopeial Convention (USP), the National Institute for Occupational Safety and Health (OSHA), and the American Conference of Governmental Industrial Hygienists, in addition to Cal/OSHA and the California Department of Industrial Relations, in determining the BCC’s acceptable allowances for pesticides, contaminants, and residual solvents. In most cases, BCC standards are set at the limits of detection, meaning effectively at zero. These standards are more stringent than those typically applied to food products, and substantially more stringent than pesticide standards applied to tobacco, which is not heavily regulated for biological and chemical contaminants. The Row House will store all cannabis products in a designated Secure Storage Room, with access limited to authorized personnel. To ensure product safety and prevent degradation, all cannabis and cannabis products will be stored in accordance with the standards set by USP 34, Section 10: Preservation, Packaging, Storage, and Labeling. 6.b Packet Pg. 222 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 5 of 9 The USP details best practices for storing prescription drugs, including climate control, humidity control, and protection from light. The Row House will select temperature and humidity conditions to promote product stability and to avoid any sudden changes that may lead to condensation, bacterial growth, or other problems. The Secure Storage Room will have sufficient lighting and ventilation to support the desired temperature and humidity conditions. The Quality Assurance Manager will work with distributors and other supply chain partners to implement any other controls necessary to ensure safe storage for specific products. I NVENTORY M ANAGEMENT P LAN In addition to physical security, stringent inventory management will be crucial to preventing diversion of cannabis product. The Row House will prevent diversion first by ensuring correct use of the track and trace system, with sufficient management oversight, in combination with physical checks on inventory. The Row House shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products in compliance with legislation set forth by MAUCRSA and the BCC Emergency Regulations. In addition to strictly adhering to California’s state laws, The Row House shall maintain records that identify the source of all products including company name, location, and license number in compliance with SBMC §5.10.270(d). With authorization from the San Bernardino City Manager or his/her designee(s), The Row House will use Cova, an integrative cannabis dispensary POS system that directly interfaces with the state-mandated Metrc track and trace system, to facilitate inventory management. Cova will enable The Row House to supplement Metrc’s protections against unlawful diversion of cannabis product with automated systems for accounting, gross sales (by weight), date and time of sales, tax remittance, auditing, historical transactional data collection, and compliance with changing state regulations. Cova can track cannabis batches and lots from seed to sale with unique identifiers, including verifying weight, amount, and valid movement through the supply chain. This inventory tracking system is compatible with the City of San Bernardino’s record-keeping system and complies with all of SBMC §5.10.310, including the required ability to report to the City on all aspects of the commercial cannabis business. Cova dispensary POS software includes features that exceed those available in other currently popular cannabis POS systems; in particular, Cova is designed to help dispensaries automatically comply with California’s laws and regulations. For example, the Cova POS system automatically monitors: • Purchase Limits – The Cova POS system automatically calculates the correct THC amounts for all products, including concentrates and edibles. By relieving 6.b Packet Pg. 223 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 6 of 9 staff of this complex task, the system prevents calculation mistakes and allows Dispensary Technicians to focus on customer service instead of mathematical conversions. The system enforces purchase limits by alerting staff when a limit has been reached and preventing Dispensary Technicians from executing a sale that would place a customer over the legal limit. • Hours of Operation – The Cova POS system can be easily configured to comply with local laws. Once operational hours are established in the system, the system will not allow sales to be executed outside the legal hours of operation, preventing potential violations before they occur. • Customer Identification Requirements – The Cova POS system can easily scan and record customer identification, ensuring that Dispensary Technicians further verify identification and virtually eliminating the risk of sales to minors or other individuals lacking the requisite documentation. • Accurate Real-Time Reporting – The Cova POS system generates management reports in real time. These reports can be easily distributed across the organization to ensure that appropriate personnel have the most up-to-date data. • Fully Compliant Product Labeling and Receipts – The Cova POS software can be used to customize all printed materials, including product labels and receipts, enabling The Row House to comply quickly and easily with all local regulations related to labeling and packaging. The Row House shall designate an Owner as the state-required account manager for operation of the track and trace system and its integration with Metrc. The account manager shall promptly attend state-mandated track and trace training on proper usage of the Metrc system. Upon completing training, the account manager will implement track and trace SOPs and will designate a limited number of employees as system users, who will each create a unique login username and password. The track and trace system will authorize users to enter only when using their own usernames and passwords, ensuring that all entries into the system will be tied to a responsible party. The Row House will train all persons authorized to use the track and trace system to monitor the misuse and diversion of cannabis. This will include training on what categories of information must be submitted, how to transmit information as specified by California’s BCC rules and regulations, time limits on information transmittal, and contingency solutions if the dispensary suffers a mechanical or electrical failure or is unable to meet a transmittal deadline for other reasons beyond the dispensary’s control. Transmitted information shall include dispensary identification, patient identification, physician recommendation date and identification, transaction date, quantity and number of days’ supply of dispensation, and originating source of 6.b Packet Pg. 224 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 7 of 9 cannabis. The Row House will also train employees on how to maintain patient confidentiality within the database. Authorized track and trace users shall enter all events required by BCC §5049 into the track and trace system, including: receipt, return, destruction, spoilage, or sale of cannabis goods; identity of the cannabis or cannabis product; and information associated with the time, date, and identity of incoming shipments from a distributor. All track and trace information will be entered promptly for each transaction, in most cases immediately. If feasible, The Row House will use transportation and delivery manifests to verify and automatically update the track and trace system. In all cases, The Row House will fully update track and trace information by 11:59 pm on the day that a transaction occurs. Authorized on-site Managers will monitor or spot-check transactions to verify that personnel are following procedures correctly. These Managers will also reconcile inventory removed from or returned to the Secure Storage Room daily to verify that physical totals of this subset of the total inventory match the amount expected from the track and trace system. In compliance with BCC §5424, The Row House shall perform a full inventory reconciliation every 14 days at minimum. If The Row House detects a significant discrepancy in inventory or evidence of theft, diversion, loss, or any other criminal activity pertaining to the operation of the facility and/or employees of the dispensary, The Row House shall immediately notify law enforcement and, within 24 hours, the BCC, providing all information required by state and local law. The Row House shall promptly audit the track and trace system to identify the cause of the discrepancy. In addition, as described in the attached Exhibit A-9: Sample Security Policy and required under BCC §5424, The Row House shall perform regular physical audits of the inventory on a bi-weekly basis. The attached sample document also describes the robust investigation policy that The Row House will enact in the event of any discrepancy. Per SBMC §5.10.310(d), the inventory management system shall be able to produce historical transactional data for review. The Row House shall keep all inventory records for seven years in compliance with BCC §5037. The Row House’s Quality Assurance Manager will oversee all inventory control procedures, including those detailed above. The Quality Assurance Manager will train other employees on these procedures and on safe product handling and storage procedures and verifying compliance with these best practices. 6.b Packet Pg. 225 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 8 of 9 R ECEIVING D ELIVERIES FROM L ICENSED D ISTRIBUTORS Based on information gathered from other dispensary operations, The Row House will expect to receive deliveries from licensed cannabis distributors once per day. However, the precise frequency of deliveries will depend on customer demand as well as the capacity of distributors in the licensed marketplace. To streamline inventory management and decrease security risks during chain of custody transactions, The Row House will keep deliveries of wholesale product to a minimum. The Row House shall ensure that chain of custody transactions meet stringent standards and shall update SOPs to comply with state and local requirements and best practices. The Row House shall receive shipments of cannabis product only from state-licensed distributors and only at the rear entrance, which will not be publicly visible or accessible. Shipments will be scheduled in advance; The Row House will not accept unscheduled or unexpected shipments. All shipments will be checked against a shipping manifest containing information on the identity of the distributor, expected time of delivery, and expected inventory. The Row House will implement the following security protocols when receiving wholesale product deliveries: • All transactions will occur under video surveillance and with at minimum two dispensary employees present, including a Manager and a Security Guard. • The distributor will be admitted to the premises only in the vicinity of the scheduled delivery time; at any other time, a dispensary employee will record the distributor’s information and require the distributor to leave. • The Security Guard will verify driver identification prior to entry. • If the distributor is authorized, the Security Guard will notify a Supervisor that the distributor is on-site and will record the time, date, distributor identity, and vehicle information. • A dispensary employee responsible for chain of custody transactions will verify the transportation and delivery manifest and accept the shipment. • Upon acceptance into the dispensary’s chain of custody, all cannabis goods will be transported directly to the Secure Storage Room; cannabis products will remain under video surveillance at all times. • Access to the Secure Storage Room will be limited to managers, who will always require that a second dispensary employee accompany them into the Secure Storage Room. • The Row House will expect distributors to follow all of the dispensary’s security SOPs, and The Row House will adopt any additional security protocols required by the distributor. 6.b Packet Pg. 226 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Enhanced Product Safety Page 9 of 9 • Any business between The Row House and the distributor will occur in the Receiving Office. • After business is conducted between The Row House and the distributor, a Manager or Security Guard shall escort the distributor to the rear entrance/exit. P RODUCT L ABELING S TANDARDS California state law limits dispensaries’ responsibilities for packaging and labeling, assigning most of these responsibilities to cultivators, manufacturers, processors, and distributors. In compliance with BCC §5412, The Row House will not accept any cannabis goods that are not in their final packaged form and will not repackage or re- label any cannabis goods following receipt from a distributor, except where explicitly provided for by California state regulations. The California Department of Public Health (DPH) and California Department of Food and Agriculture have developed product packaging and labeling standards and will enforce these standards for products developed by manufacturers and cultivators. DPH §40400 through DPH §40415 describe labeling standards for manufactured products, including prescribed caution labels; potency information; a universal symbol indicating THC content; information on the manufacturer and date of manufacture; applicable expiration dates; ingredient and allergen information; and restrictions on packaging or labeling that would appeal to children. Labeling standards for non-manufactured cannabis products are outlined in §26070, §26120, and §26121 of the Business and Professions Code. Upon receiving inventory from a distributor, the Quality Assurance Manager or a designee will inspect products to ensure that there are no visible breaches in packaging, non-compliant labeling, or other apparent quality concerns. When products are subsequently sold to a customer, Dispensary Technicians will perform a second quality assurance check. In compliance with BCC §5413, all cannabis products shall be placed in an opaque exit package at the point of sale. Before employees begin working at the dispensary, The Row House will train them to ensure that they understand and follow all packaging and labeling protocols. 6.b Packet Pg. 227 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) COMMUNITY BENEFITS DESCRIBE THE BENEFITS THAT THE CCB WOULD PROVIDE TO THE LOCAL COMMUNITY, SUCH AS EMPLOYMENT FOR LOCAL RESIDENTS OF THE CITY, COMMUNITY CONTRIBUTIONS, OR ECONOMIC INCENTIVES TO THE CITY. SPECIFIC ITEMS THAT ARE SUBJECT TO CONSIDERATION INCLUDE THE FOLLOWING: • How does the type of license requested benefit the community and assure an appropriate mix of license types Citywide? • Does the applicant provide an effective community outreach plan for nearby owners and operators? • Does the applicant describe credible benefits to the overall community, local economy, and any community or non-profit contributions or affiliations? • Does the applicant propose to include one or more of the following business types: o Coffee Shop o Art Studio o Museum THE ROW HOUSE COMMERCIAL CANNABIS BUSINESS JUNE 2018 6.b Packet Pg. 228 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 1 of 10 COMMUNITY BENEFITS PLAN The Row House is deeply committed to the community. COO Ryan Mierau, CMO and Community Relations Manager Angie Mierau, and Dispensary Department Manager Krystle Sanchez are all proud City of San Bernardino residents and professionals who have contributed to the City’s vibrant community spirit. With leadership experience in both strategic decision-making and day-to-day operations, The Row House team will prioritize customer and patient services and simultaneously emphasize opportunities to interact positively with the local community. By giving back to the community, The Row House will advance its leadership team’s long-established philanthropic aims, while also presenting the dispensary to the public in a way that helps to reduce the stigma commonly held against the cannabis industry and cannabis customers and patients. To achieve these aims, The Row House will implement the following community benefit strategies: • Provide a wide array of employment and career opportunities for residents of the City of San Bernardino; • Contribute financially to local non-profit groups, as well as City programs and services, with a commitment of donating five percent of net profits annually by Year 3 of operations; • Sponsor The Row House personnel’s participation in volunteer activities, including 12 paid volunteer hours per staff member annually; • Implement an effective community outreach plan to build strong relationships with nearby business owners and community members; • Sponsor events and partner with groups that contribute to the community; and • Provide a City-approved Substance Abuse Education and Outreach Program to support the prevention and treatment of addiction, particularly among youth. This Community Benefits Plan will form the basis for The Row House’s Corporate Social Responsibility (CSR) Program, through which The Row House will commit to complying with laws, regulations, and ethical standards, while also taking action to further the social good beyond traditional corporate practices. The Row House’s CSR Program will spur The Row House’s managers to stay ahead of issues and ethical concerns facing the cannabis industry, both locally in the City of San Bernardino and state-wide, and maintain its public image as a responsible member of the business community. The Row House will plan to serve a growing population and will expand as needed to mitigate the City's need to license additional dispensaries in the future, alleviating the City’s currently unfulfilled demand for additional retail and medical dispensary services. The Row House’s robust Business Plan will provide ample capital to support the build- 6.b Packet Pg. 229 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 2 of 10 out and initial operational success, and The Row House will thus be able to fund the dispensary’s generous giving plan of five percent of net profits annually to support community programs. According to Weedmaps and other online search functions, dozens of dispensaries and delivery services currently operate within the City of San Bernardino. Most of these stores are clustered in the downtown area and on the north side of the city, and many applicants for dispensary permits will presumably be similarly located. The Row House’s unique location, in the Show Place neighborhood, will help to establish an appropriate mix of license types City-wide. In addition, other Show Place businesses will benefit from the additional shoppers that a dispensary would bring to the neighborhood, further supporting a thriving local business community. O VERSIGHT AND R ESPONSIBILITY The Row House leadership team has established a specific position dedicated to fulfilling responsibilities to the community: the Community Relations Manager, who will also be the City of San Bernardino’s required community relations contact to whom notice of problems associated with the dispensary can be provided. As The Row House’s CMO and Community Relations Manager, Angie Mierau will assume ultimate responsibility for implementing the Community Benefits Plan. Angie’s work with the community has been extensive and commendable. Angie serves as an ambassador to the Board of the Redlands Chamber of Commerce and as a member of the Business Association of San Bernardino County, a prestigious private association of San Bernardino County business owners to which admission is by invitation only. Angie has been lauded by local non-profit and community organizations for her valuable participation and contributions throughout the county. Angie has worked closely with many organizations, including Loma Linda University, Boys and Girls Club, Option House, Inc, Court Appointed Special Advocates (CASA), Children’s Fund, Childhood Cancer Society of Southern California, San Bernardino School District, Redlands Unified School District, Redlands Bicycle Classic, Relay for Life, Lifestream Blood, Sandals Church, Mansion Memories, Veterans Affairs, IE Commuter, Home Instead Senior Care, and others. With The Row House, Angie will give back to the community in even more concrete ways and will establish positive relationships with neighboring business owners and community members. Community Benefits Advisors Jacob Flores and Rick Darnell will support The Row House and the Community Relations Manager. Jacob and Rick will extend The Row House’s network of contacts to identify volunteer and charitable-giving opportunities and support the dispensary’s community engagement initiatives. 6.b Packet Pg. 230 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 3 of 10 Jacob is a highly-respected figure in the City of San Bernardino. He currently serves as the Commissioner and Ward 2/Vice-Chairperson at the Parks and Recreation Department of the City of San Bernardino, where he oversees current programs and facilities, identifies needs, and approves recommendations pertaining to Parks and Recreation Department guidelines, policies, facilities, or user fees. Jacob also reviews operating and capital budget recommendations, including proposed fees, and monitors the Department’s budget throughout the year. Jacob promotes maximum utilization of Parks and Recreation Department facilities and programs; his intimate knowledge of the City’s goals and needs, established relationships with influential San Bernardino leaders, and commitment to building a thriving City will advance The Row House’s mission to contribute to the vibrant community spirit of the City of San Bernardino. Rick is the current President of the Los Angeles chapter of the National Basketball Retired Players Association. As a Community Benefits Advisor to The Row House, Rick will represent the dispensary before individuals, groups, and the community at large. A long-time advocate for reducing sports injury-related opioid use and addiction, Rick has worked tirelessly to establish and grow vital relationships with governmental, social, non-profit, and for-profit interests. Rick draws on decades of experience and knowledge developed as a board member of various non-profit organizations and as a private entrepreneur. E MPLOYMENT AND C AREER O PPORTUNITIES FOR L OCAL R ESIDENTS The Row House business model will support both the local community and long-term sustainability. As part of this business model, The Row House has developed a hiring plan that will prioritize recruiting local residents. The Row House will host career fairs and will participate in local recruitment opportunities, including events held by the City of San Bernardino. The Row House will also provide opportunities for professional development and management-level positions to San Bernardino residents. Within the first six months of operation, The Row House will offer the following management and staff opportunities: • Quality Assurance Manager • Dispensary Technicians • Receptionists • Security Guards With approval of the state and local permitting agencies, The Row House will eventually provide delivery services. This expanded business structure will enable The Row House to provide further leadership roles and employment opportunities to San Bernardino residents. 6.b Packet Pg. 231 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 4 of 10 The Row House’s expected growth and prosperity will create additional management and staff opportunities. The Row House will promote upward mobility within the company and will provide management-track opportunities for entry-level staff, including dispensary-created and third-party employee training programs that will enable all employees to become experts in the cannabis industry. To recruit local candidates and assemble a superlative team, The Row House education and recruitment efforts will begin with a career fair, to be hosted off the facility premises within 60 days of receiving a license. At the career fair, candidates will be able to meet with representatives of The Row House to explore employment opportunities and assess how their skills and prior job experience may translate to a career in the cannabis industry. The Row House will launch the career fair with an educational presentation that will provide attendees with the information they need to pursue job opportunities relevant to their skill sets. The career fair will also feature a comprehensive resume review station, where The Row House team members and local professional development experts will be available to help candidates improve their resumes, practice interview skills, and identify open positions. F INANCIAL C ONTRIBUTIONS To provide meaningful financial assistance to the City of San Bernardino beyond generated tax revenue, The Row House will contribute five percent of net profits annually to charitable causes and community benefits, as well as City-sponsored services and programs. As described in the Business Plan, The Row House anticipates donating nearly $180 thousand in the second year of operations, and over $190 thousand in the third year of operations and thereafter. Community Relations Manager Angie Mierau has confirmed the following initial financial contribution recipients: • The Children’s Fund, San Bernardino County: Since inception in 1986, the Children's Fund has assisted more than 1.4 million children, nationally. Children's Fund serves as a safety net for the at-risk children in our local communities. They are positioned to leverage donations to help provide essential services and resources to San Bernardino’s most vulnerable children. • Habitat for Humanity San Bernardino Area, Inc.: Habitat for Humanity directly addresses the affordable housing issues in the communities they serve, with the mission of eliminating poverty housing. They plan to achieve this mission by providing decent, affordable housing for low-income families by bringing together the necessary volunteers, experienced help, suppliers, city and 6.b Packet Pg. 232 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 5 of 10 government agencies, and families to provide decent, affordable housing for low-income families A LIGNMENT WITH C ITY OF S AN B ERNARDINO P RIORITIES AND G OALS The Row House will fully support the City of San Bernardino’s priorities and goals by aligning financial contributions and support with the City’s strategic direction as outlined herein. 1. In the spirit of Priority 1: Public Safety, The Row House will deploy various strategies to ensure a safe, clean, and attractive neighborhood and business area, as detailed in the Neighborhood Compatibility Plan of this application. 2. In the spirit of Priority 2: Quality of Life, Infrastructure, and Housing, The Row House will support well-planned and sustainable infrastructure and will work with City agencies and non-profit organizations, such as Habitat for Humanity, to improve and create housing for City of San Bernardino residents. 3. In the spirit of Priority 3: Education and Workforce Development, The Row House will create educational and professional development opportunities for its employees, the vast majority of whom will be local residents. As detailed in the Local Enterprise Plan of this application, The Row House will provide employees with training courses and material developed and presented by The Row House, as well as training through courses offered by third-party cannabis certification programs, such as American’s for Safe Access’ (ASA) Patient Focused Certification (PFC) training. These programs will provide additional assurance that The Row House employees are equipped to provide the most well-informed service to patients and customers. These programs also provide employees with the opportunity to further develop their careers as cannabis industry experts. 4. In the spirit of Priority 4: Community Engagement and Public Relations, The Row House will consistently and effectively engage local residents and businesses, especially in the facility’s neighborhood, where The Row House’s presence most impacts the community; as described above, the Community Relations Manager will be The Row House’s primary on-site point of contact for members of the public and the local business community, with the goal of maintaining positive relationships with all neighbors. 5. In the spirit of Priority 5: Fiscal Sustainability, Efficiency, and Productivity, The Row House’s fiscally-sound Business Plan will ensure the sustainable economic growth that will provide the City of San Bernardino with substantial 6.b Packet Pg. 233 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 6 of 10 tax revenue, as well as financial contributions to City programs and non-profit community organizations and educational programs for staff and the community. 6. In the spirit of Priority 6: Business Development and Job Creation, The Row House will adhere to competitive pay and benefits standards and provide career opportunities, professional development, robust employee training programs, and a career fair for San Bernardino residents, as detailed in the Local Enterprise Plan. 7. In the spirit of Priority 7: Government and Charter, The Row House shall act as an industry leader in establishing ethical and compliant business practices by adhering to all local- and state-level rules, regulations, and ordinances relevant to commercial cannabis and general business practices, and by participating in a Corporate Social Responsibility Program, as detailed in this plan. C OMMUNITY O UTREACH P LAN The Row House’s community-building efforts will begin by establishing meaningful relationships with its immediate neighbors. Located in the City of San Bernardino’s “Show Place” neighborhood, The Row House will be surrounded by many retail operators and local business owners who are invested in the economic development of the surrounding community. The Row House will engage directly with these neighbors to solicit their views on how The Row House can best contribute to a thriving community for all, aligning with the San Bernardino Mayor and City Council’s desire to promote a successful business environment for both commercial cannabis businesses and neighboring non-cannabis businesses. In particular, The Row House shall implement a Community Outreach Plan that engages nearby business and property owners as follows: • Community Relations Manager Angie Mierau shall introduce herself to all businesses and property owners located within 600 feet, and also others within walking distance, of the proposed dispensary location to establish an open line of communication and address any questions or concerns The Row House’s neighbors might have. • Angie shall maintain an open dialogue with business and property owners, with the intent of developing a first-name-basis rapport, by reaching out to local businesses on a quarterly basis, at minimum. • The Row House shall offer neighboring businesses free advertising space for brochures or promotional material inside the dispensary’s Waiting Room. 6.b Packet Pg. 234 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 7 of 10 • The Row House shall pursue community event and charitable-giving partnerships with neighboring businesses to bolster shared community benefits goals and magnify the local business community’s positive impact with unified action. • A representative from The Row House’s leadership team shall attend and participate in town hall meetings to contribute to positive civic engagement and represent the friendly, community-oriented perspective of the local commercial cannabis industry. • The Row House shall pursue public event and charitable-giving partnerships with the City of San Bernardino and associated agencies and organizations to advance the City’s goals. The Row House may sponsor events, donate food or clothes, host cleanups, and the like. The Row House is committed to providing as much targeted and effective support to the City and community as possible. C OMMUNITY O UTREACH E VENTS To engender a positive awareness of commercial cannabis businesses, The Row House will engage directly with the community through fundraisers for charitable causes, career fairs (described above), and other community benefits programs. The Row House will host many of these events at the dispensary facility; other events will be located off-site. Community Relations Manager Angie Mierau will also develop community events aimed at reducing the stigma that afflicts the cannabis industry and cannabis patients and consumers. C OMMUNITY L EARNING AND O RIENTATION E VENT The Row House will host a Community Learning and Orientation Event within 30 days of opening to customers and patients, where any member of the community will be welcome to attend and learn about cannabis and cannabis products. The Row House will host this event off-site to ensure that the public will be able to engage with The Row House owners and team members, as well as learn about the facility, products, and current cannabis research. Attendees of the event will also have an opportunity to schedule a one-on-one consultation with the Community Relations Manager and COO to address any questions or concerns. H EALTH E DUCATION P RESENTATIONS Education is key to reducing the stigma surrounding cannabis. The Row House will host presentations about cannabis and cannabis products for patients, consumers, caregivers, other healthcare providers, and the public. The Row House will also sponsor health education presentations on topics such as nutrition and alternative healing practices. 6.b Packet Pg. 235 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 8 of 10 S UBSTANCE A BUSE E DUCATION AND O UTREACH P ROGRAM The Row House is committed to safeguarding youth and other vulnerable populations from substance abuse. As such, in accordance with SBMC §5.10.380(c), The Row House plans to contribute to the prevention and treatment of addiction through a City- approved public outreach and education program for youth organizations and educational institutions. The program will outline the risks of youth addiction and identify substance abuse and addiction resources available to youth. As detailed in Exhibit A-17: Cushman Greenfield Consulting Proposal, The Row House will partner with Cushman Greenfield to create an effective public outreach program that meets or exceeds City requirements. Cushman Greenfield's co-founders Rick Darnell and Sam Sabzehzar are The Row House's Community Benefits and Compliance Advisors, respectively. COO Ryan Mierau has been working with Cushman Greenfield since 2016 to create a meaningful impact in the San Bernardino community and bring awareness to substance abuse. Together, they worked with Legends of Basketball Los Angeles Chapter NBRPA (NBA Retired Players Association) mentorship programs for at risk youth in San Bernardino at Arroyo Valley High School and Pacific High School. These programs included helping at risk youth grow necessary skills related to reading, saying no to drugs, and staying in school, while cultivating resilience, perseverance, and grit. These programs provided meals, backpacks, computers, tablets, and other in- kind school supplies. In addition to the programs described above, The Row House’s Community Relations Manager will work to identify additional opportunities to collaborate with local rehabilitation programs and groups that support at-risk youth, including youth who have entered the criminal justice system. E MPLOYEE I NVOLVEMENT P ROGRAM To reduce cannabis-related stigma and encourage employees to work for the community’s benefit, The Row House will sponsor up to 12 hours of paid volunteer time for each employee annually. The Row House will give back to the community by contributing time and skills to community projects, demonstrating that the cannabis industry can be community-oriented and dispelling common cannabis stereotypes. These encounters will also expose the general public to the highly-educated and professional participants in the cannabis industry and will provide the public with opportunities to ask questions of staff. The Row House will develop and share with personnel a quarterly calendar that showcases volunteer opportunities. The Row House shall encourage team participation when supporting various causes in the community. Volunteering and giving back to the community is beneficial to everyone, including the volunteers, the dispensary, and the community. The Row House will identify local events and sponsorship opportunities in 6.b Packet Pg. 236 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 9 of 10 the City of San Bernardino; these opportunities may include, but are not limited to, the following efforts: • Support for events sponsored by the City of San Bernardino Parks and Recreation Department • Volunteer service to collect litter and beautify any of the City of San Bernardino’ s public parks, including Lytle Creek Park • Food drives • Meal delivery to the elderly • Homeless outreach • Medical research • Scholarship programs • Domestic violence programs • Arts programs • Veterans aid • Senior assistance programs • Local law enforcement programs In addition, to support causes that are important to dispensary personnel, The Row House will invite staff members to suggest preferred volunteer opportunities, in order to contribute to the causes that matter to dispensary personnel. The Row House will also provide opportunities for customers to vote on which causes they would like the dispensary to support each quarter. Each possible beneficiary will be encouraged to engage their base and garner support by frequenting the dispensary. C USTOMER R EWARDS P ROGRAM The Row House will recognize individuals who have a long history of actively participating in community development and/or have established themselves as leaders for positive change. The Row House will: • Offer discounts and other incentives to qualifying patients and customers who can provide evidence of continued community service and dedication; and • Partner with these individuals to advance their community development efforts. P ARTNERSHIPS FOR B EAUTIFICATION The Row House has identified the following organizations through which the dispensary will support community development and beatification efforts: • Adopt a Highway • San Bernardino Parks and Recreation • San Bernardino Rock Church 6.b Packet Pg. 237 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Row House Community Benefits Plan Page 10 of 10 C OMMUNITY R ELATIONS C ONTACT The Row House’s successful and sustainable business approach will focus, first and foremost, on community. In accordance with SBMC §5.10.380(a), The Row House shall ensure that the community relations contact, Community Relations Manager Angie Mierau, provides her contact information to all businesses and property owners located within 600 feet of the proposed dispensary. Within 24 hours of a change in community relations contact, The Row House shall notify the City Manager or his/her designee. In addition to the outreach described above, and in compliance with SBMC §5.10.380(b), Angie Mierau shall attend meetings with the City Manager or his/her designee(s) to discuss costs, benefits, and other community issues within the first year of operations and as requested. Community Relations Contact Information: Angie Mierau 6.b Packet Pg. 238 Attachment: Attachment 2 - CCB 21-0004 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 239 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) TABLE OF CONTENTS ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES 2 OPERATING PROCEDURES & PROCESSES: GLOSSARY OF TERMS 3 EXECUTIVE SUMMARY 7 SECTION 1: QUALIFICATIONS OF OWNERS/ PRINCIPALS 9 SECTION 2: LOCATION 17 SECTION 3: NEIGHBORHOOD COMPATIBILITY PLAN 18 SECTION 4: ENVIRONMENTAL IMPACT MITIGATION 25 SECTION 5: LOCAL ENTERPRISE 29 SECTION 6: BUSINESS PLAN 31 SECTION 7: ENHANCED PRODUCT SAFETY 46 SECTION 8: SAFETY PLAN 52 SECTION 9 SECURITY PLAN 71 SECTION 10: COMMUNITY BENEFITS 90 SECTION 11: OTHER INFORMATION 92 6.c Packet Pg. 240 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ADHERENCE TO STATE AND CITY POLICIES AND DIRECTIVES This Document and all Standard Operating Procedures adopted by PTRE Management, LLC that will do business in the City of San Bernardino as Culture Cannabis Clun, herein referred to as “Culture” or “CCB” (Commercial Cannabis Business) shall conform to the following pieces of legislation, policy and other directives: • Proposition 215 - Compassionate Use Act (1996) • Senate Bill 420- Medical Marijuana Program Act (2004) • MCRSA - Medical Cannabis Regulation and Safety Act (2015) • Proposition 64 (2016) and the Control, Regulate and Tax Adult of Marijuana Act (AUMA) • City of San Bernardino Commercial Cannabis Ordinance • California Uniform Controlled Substances Act • Senate Bill 94 (2017) • Any directives and issuances from Bureau of Cannabis Control (BCC), Department of Food & Agriculture and State Department of Public Health. Co-Located Retailer Licenses We intend to operate our Commercial Cannabis Business as both an A -Licensed Retailer and M- Licensed Retailer on the same premise. The business name and ownership will be identical at all times on both Cannabis Retailer Licenses. Permits and other Approvals Prior to the establishment of any commercial cannabis business or the operation of any such business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to such commercial cannabis business. Display of Permit and City Business License The original copy of the commercial cannabis business permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside the commercial cannabis business in a location readily - visible to the public 6.c Packet Pg. 241 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) OPERATING PROCEDURES & PROCESSES: GLOSSARY OF TERMS This Glossary of Terms applies to some of the commonly used and listed terms in this document. Applicant means the following: (1) Owner or owners of a proposed facility, including all persons or entities having ownership interest other than a security interest, lien, or encumbrance on property that will be used by the facility. (2) If the owner is an entity, "owner" includes within the entity each person participating in the direction, control, or management of, or having a financial interest in, the proposed facility. (3) If the applicant is a publicly traded company, "owner" means the chief executive officer or any person or entity with an aggregate ownership interest of 5 percent or more. Bureau means the Bureau of Marijuana Control within the Department of Consumer Affairs. Cannabinoid or "Phyto cannabinoid" means a chemical compound that is unique to and derived from cannabis. Cannabis means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this document, "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Cod e." Cannabis Accessories means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body. Cannabis Concentrate means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code. Cannabis Products means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. Central Security Control Room: This is the hub for security operations at the Facility, which room shall have live CCTV feeds to all areas of the Facility. Certificate of Accreditation means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state. Commercial Cannabis Activity includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, labeling, distribution, sale or sale of cannabis or a cannabis product; except, as set forth in Section 19319 of the Business and Professions Code, related to 6.c Packet Pg. 242 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) qualifying patients and primary caregivers. Company Operating Procedures: This is the list of operating procedures and other programs created to operate and manage the Facility. Dispensary means a facility where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, pursuant to express authorization under the provisions of this Article, cannabis and cannabis products as part of a retail sale. Dispensing means any activity involving the retail sale of cannabis or cannabis products from a dispensary. Distribution means the procurement, sale, and transport of cannabis and cannabis products between entities licensed for commercial cannabis activities. Distributor means a person licensed to engage in the business of purchasing cannabis from a licensed cultivator, or cannabis products from a licensed manufacturer, for sale to a licensed dispensary. Dried flower means all dead cannabis that has been cultured, dried, cured, or otherwise processed, excluding leaves and stems. Edible Cannabis Product means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food as defined by Section 109935 of the Health and Safety Code or a drug as defined by Section 109925 of the Health and Safety Code. Employee means any person (whether paid or unpaid) who provides regular labor or regular services for a dispensary, including but not limited to at the location of a dispensary. Employee Training Program: The Employee Training Program will consist of both mandatory (all employee) training which must be completed annually, and specific training programs for each individual based on job scope, experience and each individual's talent development roadmap. Facility: The Facility is the premises at which the Company will operate its cannabis operations, located in City of San Bernardino, California. Facility Data Management System: This is the central data management system used by the Facility. Different employees within the Facility will have access to different areas of the Data Management System depending on their role, needs and approved access level. General Manager: The General Manager is one of the most important roles at the Company as such person oversees all City, State and Industry Compliance protocols and standards, as well as all quality control standards, procedures and measures undertaken by the Company to ensure its products are of the highest quality and purity possible. Identification Card means a document issued by the State Department of Health Services that document identifies a person authorized to engage in the medical use of cannabis Identification Program means the universal identification certificate program for commercial medical cannabis activity authorized by Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 of the Business and Professions Code. Industrial Hemp means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis 6.c Packet Pg. 243 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) sativa L. having no more than three-tenths of 1 percent tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom. Licensee means a person issued a state license under Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 (Special Business Regulations) of the Business and Professions Code, or Division 10 (Marijuana) of the Business and Profession Code, to engage in commercial cannabis activity. Licensing Authority means the state agency responsible for the issuance, renewal, or reinstatement of the license. Live Plants means living cannabis flowers and plants, including seeds, immature plants, and vegetative stage plants. Live Scan means a system for inkless electronic fingerprinting and the automated background check developed by the California Department of Justice (DOJ) which involves digitizing fingerprints and electronically transmitting the fingerprint image data along with personal descriptor information to computers at the DOJ for completion of a criminal record check; or such other comparable inkless electronic fingerprinting and automated background check process as determined by the city council. Manager means an employee responsible for management and/or supervision of a dispensary. Manufactured Cannabis means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. Manufacturer means a person that conducts the production, preparation, propagation, or compounding of manufactured cannabis, as described in the term "manufacturing site" as defined herein, or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. Marijuana has the same definition as "cannabis". Medical Cannabis or "medical cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, used for medical purposes in accordance with the Compassionate Use Act (Health and Safety Code section 11362.5), the Medical Marijuana Program Act (Health and Safety Code sections 11362.7 et seq.), and the Medical Marijuana Regulation and Safety Act of 2015. For the purposes of this article, "medical cannabis" does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code. Permit, "local license," or "local permit" means an official document granted by City of San Bernardino that specifically authorizes a person to conduct commercial cannabis activity in the City Person with an Identification Card means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to Article 2.5 (Medical Marijuana Program), Chapter 6, Division 10 of the Health and Safety Code, and as may be amended. Primary Caregiver has the same meaning as the term "primary caregiver" is defined in Section 11362.7 of the Health and Safety Code, and as may be amended, and is subject to the limitations of Section 11362.7(e) of the Health and Safety Code, as m ay be amended, which provides that a "primary caregiver shall be at least 18 years of age, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code." 6.c Packet Pg. 244 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Private Residence has the same meaning as the term is defined in Section 11362.2(b)(5) of the Health and Safety Code, and as many be amended, which provides that private residence "means a house, an apartment unit, a mobile home, or other similar dwelling." Product Recall Program: Implemented only if a product at the Facility is tested and found to contain banned contaminants. Qualified Patient has the same meaning as that term is defined in Health and Safety Code section 11362.7, and as may be amended, and which "means a person who is entitled to the protections of Section 11362.5 of the Health and Safety Code, b ut who does not necessarily have an identification card." Security Level Access: Refers to the security control system employed by the Company and Facility to manage the areas within the Facility that different employees shall be allowed to access. All areas will have large numbers on the entry and exit points clearly designating what level of security that room and the next room are. Employees will only be allowed to access areas based on a Swipe Card system. State License, "license," or "registration" means a state license issued pursuant to Chapter 3.5 (Medical Cannabis Regulation and Safety Act) of Division 8 (Special Business Regulations) of the Business and Professions Code, or Division 10 (Marijuana) of the Business and Professions Code. Transport means the transfer of cannabis or cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial cannabis activity authorized under state law. Transporter means a permitted person issued a state license by the bureau to transport cannabis or cannabis products in an amount above a threshold determined by the bureau between permitted facilities that have been issued a state license pursuant to state law 6.c Packet Pg. 245 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 246 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 247 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 248 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 249 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 250 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 251 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 252 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 253 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 254 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) EXECUTIVE SUMMARY Legal Name of Entity: Proposed Location: Entity Type: Owners List: Convictions/ Infractions: License Type: PTRE Management, LLC 225 E Airport Drive, San Bernardino Limited Liability Corporation - treated as a General Partnership under Californian State Law (articles of incorporation attached). Owners: David Whang and Julie Le Ownership: Catapult LLC (owned solely by David Whang) 50% Julie Le 50% Devon Julian 0% (holds position of Chief Operating Officer) The Applicant is applying for Medical and Adult-Use Retail Dispensary and Delivery Business Licenses (Delivery subject to City and State License Approval). We intend to operate our Commercial Cannabis Business as both an A-Licensed Retailer and M-Licensed Retailer on the same premise. This Cannabis Business Permit Application is submitted for the consideration of the Applicants desire to operate medical cannabis dispensary and delivery licenses in the City of San Bernardino, California. The proposed business will operate from leased premises at 225 E Airport Drive Suite 120, San Bernardino. The Dispensary will be managed and operated by David Whang and Julie Le. David is a successful entrepreneur that runs an award-winning spa and wellness center. Julie is an Asian- American self-made entrepreneur that has owned diverse business such as nail salons, to cannabis companies. Julie was a consultant of Eagle Rock Cannabis Facility in East Los Angeles. Julie is passionate about women’s rights, female education, and empowering young women to take charge of their life through financial independence. She is a cannabis advocate and has used her success in the business world as an entrepreneur to bring capital, team building, and community involvement to the cannabis industry. Julie is a talented business leader, visionary and operator. Culture benefits from the experience of owning and operating 4 Southern California cannabis retail stores. The company is motivated to bring industry experience to San Bernardino so as to contribute to the city’s cannabis economy in a way that only a veteran storefront retail operator can. The Culture team collectively possesses more than 17 years’ experience navigating the cannabis industry. Its expertise ranges from licensing and regulatory compliance to business startup and compliant operations development. With strong technological backgrounds, Culture brings these skillsets together to develop highly efficient and technologically advanced cannabis facilities that aim to provide the purest and highest quality products to area residents. Culture is connected to the local community and will work hard to educate patients and consumers whilst giving back. A percentage of all profits will be put back into the local community to foster community engagement and continued economic and social development. Our core community initiatives will focus on female and elderly health issues and affordable healthcare for all. The business at San Bernardino, if approved, will be fully staffed by a local qualified and trained team, overseen by an executive management team, which will guide the business in all aspects of 6.c Packet Pg. 255 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) operations, finance, quality control and regulatory compliance and approvals. The Applicant will operate the business under a new local entity- PTRE Management, LLC - from 225 E Airport Drive, Suite 120, a leased premise that is appropriately zoned, with sufficient parking and approximately 1, 600 square feet of retail floor and back-office space. Best of all, the entrance door to this Suite is on the far northeast corner of the exterior of the property, in an overflow area of the parking lot. The other tenants of the property enter near the southwest corner of the property into a central multi-tenant courtyard. PTRE and Ownership worked together to relocate the tenant from Suite 120 to accommodate our discrete retail use and segregate it from the other tenant flow. The building currently meets title 24, and California Green code standards. Construction on the location will be minor, However the ADA Ingress is inadequate and a new ramp will need to be built to satisfy ADA compliance. Additional security features to secure the storefront will also be added for safety and compliance. Interior modifications will include the removal of two offices to accommodate retail space, new finishes and paint, new millwork and POS systems, addition of security features and installation of odor control devices as needed. Construction works are estimated to take 21 weeks, and where possible, local tradesmen and contractors would be extensively utilized. Culture San Bernardino is applying for Medicinal Cannabis Retailer and Adult Cannabis Retailer licenses. The site will have 24-hour security and be fully compliant with all City and State directives and codes regarding the operations and practices of the cannabis industry. Security for the site will be managed by a State Licensed party security operator. The Applicant aims to build and operate a business that exceeds the needs of its Medical Patients and Customers whilst at the same time delivering needed taxes and revenue to City of San Bernardino. This document contains all the plans, processes and practices required by City of San Bernardino for the application for the Cannabis Business Permit, as directed by City of San Bernardino's Ordinance 6.c Packet Pg. 256 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SECTION 1: QUA LIFICATIONS OF OWNERS/ PRINCIPALS Our experience in the industry across key aspects of operating a legally compliant, taxed and tested operation is significant, especially in relation to: Systems, Processes and Practices - our decades of experience in the cannabis industry (and existing operations) give us a huge head-start over our competitors across everything from construction through to compliance, operations, patient management, track and trace, City reporting, taxation and inventory management. Market Understanding - our team have a diverse range of backgrounds from corporate finance to brand marketing, retail and customer service. What we all have in common is a great understanding of the cannabis industry and how it is evolving and changing on a daily basis. Security- security in this 'at risk' industry is key to both customer and staff safety. We take security seriously and only work with the best which is why we have an ex-Special Forces and Green Beret soldier embedded within our team. Being Locally Connected - Culture always ensures that we build a strong connection to the local community through a range of initiatives - from educating 'at risk' youths through to providing free medicine to disadvantaged patients, through to supporting local sports teams and other community- based programs. We have a policy of hiring and promoting locally which deepens our connection to the local community. Key Individuals Julie Le – Chief Executive Officer, Secretary Julie is an Asian-American self-made entrepreneur that has owned and consulted for restaurants, nail salons, and cannabis companies. Julie was a consultant of Eagle Rock Cannabis Facility in East Los Angeles. Julie is passionate about women’s rights, female education, and empowering young women to take charge of their life through financial independence. She is a cannabis advocate and has used her success in the business world as an entrepreneur to bring capital, team building, and community involvement to the cannabis industry. Julie is a talented business leader, visionary and operator. Julie’s licensed commercial cannabis experience through numerous partnerships over the years is reflected in her ownership, management, directorship, and/or financial interest, in the following licenses (some of which the assets have been built and sold since their inception and Julie’s involvement): •Eagle Rock Dispensary - Los Angeles, CA Proposition D Era- (Julie stepped down from position as Director) - Retailer •Culture Cannabis Club - Los Angeles, CA Proposition Era - Retail Store Re-Opening late 2021 - Retailer •Cultivation facility – Adelanto, CA - Sold by Julie in 2020 (still exists) – Cultivation, Manufacturing, Distribution •Culture Cannabis Club - Jurupa Valley, CA – Retailer Opened in 2020 •Empire Twin Palms -City of Jurupa Valley, CA – Retailer Opened in 2019 •Culture Cannabis Club – Calexico, CA - Retail Store & Consumption Lounge Opened in 2021 •Culture Cannabis Club – Calexico, CA - Microbusiness (cultivation, distribution, manufacturing) - Opening late 2021 •Culture Cannabis Club - San Bernardino, CA – Retailer Opening June 2021 •Culture Cannabis Club - Moreno Valley, CA - Retailer Opening May 2021 •Public Cannabis - Moreno Valley, CA – Retailer Opening May 2021 6.c Packet Pg. 257 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) •Culture Cannabis Club - Riverside County (Corona, CA) - Microbusiness (Retail, Cultivation, Distribution, Manufacturing) - Opening Early 2022 •Culture Cannabis Club - Bay City, MI – Retailer Opening January 2022 Bay City Culture Store, LLC Corp Active •Cultivation Facility - Long Beach, CA - 1600 Daisy Asset Holdings LLC •Culture Cannabis Club Stanton, CA – Retailer Opening early 2022 Culture Stanton Store, Inc •Culture Cannabis Club Stanton, CA – Cultivation Opening early 2022 Culture Stanton Store, Inc •Culture Cannabis Club Antioch, CA – Retailer Pending Final CUP Approval •Culture Cannabis Club Wildomar, CA – Retailer Opening January 2022 •Pending Culture Cannabis Club Licenses: Tracy, Fairfield, Fresno Julie has expanded on her passion for assisting female operated businesses thrive in the regulated cannabis industry. Julie sees each business’ unique challenges as an opportunity to build a future for each affiliate involved. Her approach to consulting retail cannabis businesses is stoic and steady. She provokes thought, asks the hard questions, and guides business owners to solve their problems with a quantifiable and actionable approach. Julie has consulted with business operators at a 24,000 sq. ft. cultivation facility in the city of Adelanto, which operates with a high demand for its high quality, tested product. Julie assists the business ensure compliance with local and state regulations, maintenance of best practices, and staying on the cutting edge of the cannabis industry. She has helped hire some of the best operators in cultivation to take the facility to steady rising success. Julie believes in establishing industry leading, disciplined, fiscally responsible, and compliant operations maintaining an above-board operation at her current facilities. Some things she has implemented include above random lab testing of products for quality and pollutants, regular third-party security protocol reviews and entry level local hiring programs offering a path to employment in the growing cannabis industry. In addition to full-time cannabis business consulting, Julie is also involved in community organizations and non-profits focused on helping to empower women entrepreneurs, domestic abuse recovery, and children. She was an early participant in SCORE LA’s Triple L Program which serves to assist eager female entrepreneurs of Los Angeles and her businesses actively donate to and volunteer with Good Shepard Shelter of Los Angeles which is a domestic abuse shelter for women and children. Julie is a talented business leader, visionary and operator - understanding the entire cannabis business from cultivation through to retail sales. 6.c Packet Pg. 258 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 259 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 260 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Devon Julian – Chief Operating Officer Devon Julian is an operations and compliance specialist involved in the cannabis industry in California since 2007. He plays an essential role at Culture in branding, sales, compliance, product sourcing, and employee training. He previously managed multiple proposition 215 California Medical Marijuana compliant cultivation operations, with responsibilities that include oversight of total cultivation operations, product quality control, and negotiating distribution contracts and retail relationships. Recognizing the benefits of cannabis and the opportunity for someone with his skills and abilities, Devon started the consulting company, DJ Highrise, in 2018. The business focuses on cannabis operations consulting and regulatory compliance in the regulated market. Mr. Julian’s experience of making the transition from the Prop 215 market to the new Prop. 64 cannabis industry has given him a wealth of knowledge and insight on the proper, compliant way to own and operate a successful cannabis operation. In addition to his tenure in the Medical Cannabis industry, Devon has spent over 10 years consulting successful cannabis businesses (including Culture) on Operations and Regulatory Compliance through freelance consulting and DJ Highrise based out of San Diego. Devon’s expertise in the fields of operations, compliance and staff management in and out of the cannabis industry give him the invaluable ability to propel a company such as Culture into a tier of success which the City of Fresno will benefit from and sorely deserves. His operations, compliance, and management background afford Devon the ability to target development of Culture’s Retail Standard Operating Procedures which are the blueprint and backbone of operations for the brand. Devon oversees for the company large groups of employees, sales processes, retail management, development and expansion, and government and regulatory relations. Following in his grandfather’s footsteps of giving back to the local community, he is involved with multiple charity groups including San Diego Vision Walk fighting childhood blindness, Gavin’s Groupies focusing on childhood congenital blindness condition LCA, and the drug rehabilitation and transition home which his grandfather sat on the board of for more than 30 years. Devon originally joined the Culture family in 2019 as a trusted business consultant. Today, Culture is proud to have Mr. Julian as Chief Operating Officer of the organization to offer his compliance, operations, and overall industry experience. Devon focuses on scaling California operations by managing an experienced team of hard-working professionals. Devon sets ambitious goals for the Culture team to get every newly licensed retail store open in 6-9 months. Devon joins Culture as the Chief Operating Officer, and will commence in this capacity officially November 1, 2020 at the following licensed locations: Long Beach, Calexico, Corona, Concord, Moreno Valley, San Bernardino, Antioch, Wildomar, Porterville, San Francisco, Los Angeles, Cathedral City, Tracy, Fairfield, Stanton, Concord, Fresno, and Sacramento. 6.c Packet Pg. 261 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 262 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 263 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Ambient room temperature will be managed and maintained with ceiling-mounted air- conditioners that allow the temperature to remain at a steady temperature of 68 degrees Fahrenheit, a temperature that studies (Engbrocks, Stephanie. The Impact of Temperature on a Consumer's Shopping Experience, 2008), have found that consumers prefer whilst shopping in a retail outlet. Ceiling-mounted air conditioners will also ensure that air circulates through the store so that the store doesn't become stale or too humid on wet summer days. The Applicant is cognizant of the fact that climate-control systems are important for the overall shopping experience of the customer. Storage-areas will be fully climate controlled to ensure that product is stored at the optimal temperature for product safety and shelf -life management. Bike Parking Culture San Bernardino have designed a Site Plan that provides for up to 8 Bike-Parking spots, which will enable bike riders to conveniently visit us for their medical cannabis needs. Access to Public Transport The site selected by Culture San Bernardino shall have adequate access to public transport in the City of San Bernardino. As illustrated in the image below, there is a main bus route that runs parallel to E Airport Drive, on E Hospitality Lane, one block from the proposed Dispensary location. The Bus Stop "Hospitality@ Commerce Ctr East Eb" is directly south of the property approximately 250 feet walking distance. Public transit will be encouraged in our staff meetings and encouraged in our company handbook Limited Access Areas Our Commercial Cannabis Business has provided a floorplan herein which details the areas of the premise which are Limited Access Areas. Only authorized individuals may enter these areas. Authorized individuals include employees of our CCB, as well as any outside vendor, contractor, other individuals conducting business that require access to the Limited Access Area. All individuals accessing these areas must be at least 21 years of age or older. All individuals accessing these areas shall be escorted by an employee of our CCB at all times with the area. We shall maintain a log of all authorized individuals who are not employees that enter the Limited Access Areas. The log shall be made available to the Bureau of Cannabis Control or any other agency upon request. Individuals shall be granted access to the retail area to purchase cannabis goods only after our employees verify that the individual is at least 21 years of age or older and has valid government- issued photo identification. If the person is a medicinal cannabis patient, access will be granted to the Dispensary Retail Area after the physician's recommendation has been verified and the person is at least 18 years of age. The access to the Dispensary Retail Area is controlled by employees in reception, who have a physical view of the access door and electronic control mechanism to allow access SECTION 3: N EIGHBORHOOD COMPATIBILITY PLAN Compatibility with Surrounding Neighborhood The surrounding businesses are a mix of light industrial premises. The Applicant will ensure that any Building or Design Plans submitted to the Planning Division of San Bernardino will fit in with the surrounding businesses from a design perspective. As stated earlier in the application, our CCB proposed property has a discrete entrance at the opposite corner of the building than the remainder 6.c Packet Pg. 264 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) the of the tenants use for access. This building has a center courtyard entrance to the suites, except for Suite 120, which has an exterior door located near the overflow area of the parking lot. Aesthetic Compatibility Culture will maintain the integrity of the current location in order to prevent the dispensary from causing any negative aesthetic on the neighborhood. No cannabis products will be visible from the exterior of the facility ensuring compliance with the City of San Bernardino Ordinance, The goal of Culture is to make the location appear just like any other business and not draw unnecessary attention to the proposed site. No signage will contain logos or information that identifies, advertises, or lists the services or the products offered. Operational Compatibility Through diligent management of daily operations, Culture will ensure that the dispensary will not be a nuisance to the neighbors or negatively impact the community. Sidewalk Security Culture will manage the sidewalk with a security team to monitor cleanliness and loitering within 20 feet of the premises, as well as greet patients entering the dispensary. The security team will provide a highly visible presence and a deterrent to potential criminal activity by ensuring only those visiting the facility are allowed entry for legitimate business. This team will be vigilant to suspicious activity on the exterior of the premises. Cleanliness is also managed constantly with checks throughout the business day, Staff and our Security personnel shall prohibit loitering by persons outside the facility, both on the premises and within fifty feet of the premises Noise Management Culture will make best efforts to avoid any noise pollution from its facility and the immediate surrounding areas. Culture will implement strict rules for the staff, patients and visitors that are entering and departing our facility. These rules include, but are not limited to: Restricting the volume of car stereos and/or portable sound systems while visiting the Culture premises. Limiting the noise of any in-house background music that would play during business hours only. Issue warnings for unnecessary honking, tire screeching, yelling or any other noise deemed disruptive, unnecessary or a nuisance. Community Relations Contact , Our CCB shall provide the name, mobile telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. We shall also provide the above information to all businesses and residences located within one hundred feet of the commercial cannabis business. Our CCB shall notify the City Manager or their designee within twenty-four hours of a change in our community relations contact. Meetings with City During the first year of operation of our CCB, our owner, manager, and community relations representative shall attend meetings with the City Manager or their designee, and other interested parties as deemed appropriate by the City Manager or their designee, to discuss costs, benefits, and other community issues arising as a result of implementation of this ordinance. After the first year of operation, the owner, manager, and community relations representative from our business shall meet with the City Manager or their designee when and as requested. Parking The site selected by Culture shall have adequate car parking, mobility parking and parking for bikes. The north side of the parking lot currently serves as overflow and is rarely used by the existing building tenants. Those existing tenants park along the west side and south side of the property close to the courtyard entrance. The overflow parking on the north side near Suite 120 has 24 parking spots which is ample for our needs. We worked together with the building owner to locate the business in an ideal suite of the building so that we will have no negative impact on his existing tenants. 6.c Packet Pg. 265 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Site Management Plan The Standard Operating Procedures for the Management of the Premises include for the daily inspection of the outer area of the building for trash, graffiti and any other unsightly issues. Any dumped trash or litter will be collected and placed into Culture's dumpster for collection by the City Council, and any graffiti will immediately be removed by painting over it. The responsibility of daily inspections will be assigned to the General Manager who shall open the premises each day. A selection of paints and paint brushes will be stored on site to rectify any issues. The interior of the building shall also be inspected by the Head of Retail each day at the start of the shift to ensure the walls and floors are free from scuff marks, all lights are working, all door locks are in good working condition, all cameras are operational as required, and that all trash and litter is removed from the premises. Any Maintenance Issues will immediately be logged and reported to the General Manager. Business Management and Standard Operating Procedures Culture will create a full range of Standard Operating Procedures for the operations of all aspects of the business, including: Site Management Product Security Employee Safety and Security Product Safety, Returns and Recalls Site Security with SOPs for Theft, Armed Hold-Ups and Threats Waste Management Site Sanitation Cash Management Quality Control Consumer Education Compliance •HIPAA Compliant Data Management •Inventory Control and Management (and product access) Track and Trace •Product safety •Customer Management (including managing impaired customers) Signage and Verbal Directives •Dealing with Minors Packaging & Labeling Diversion •Workplace Practices and Policies Door Safety •Fire Threats These SOP's will leverage best-practices from the industry and existing businesses that the owners and managers are involved with in the cannabis industry 6.c Packet Pg. 266 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 225 AIRPORT DR SUITE 120 ;AN BE RNARDINO, CA 92408 AREA MAP DT FP-01 6/24/2018 R1 NTS 6.c Packet Pg. 267 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 268 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 269 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 270 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SECTION 4: ENVIRONMENTAL IMPACT MITIGATION Culture considers itself to be an environmentally conscious business and we are committed to considering and identifying all avenues and initiatives in order to be as 'Green' as possible. Green Business and Building Practices Culture will implement a range of energy-saving measures at the Facility designed to reduce/ reuse and recycle, including: -Energy efficient lighting on the interior and exterior of the building; -Water-saving devices for all tap faucets and facilities; -Use of recycled building materials (where possible) to reduce the carbon footprint of the Facility; and -Full recycling of any secondary packaging materials. -Installation of a Bike rack in the north parking lot The business will have no environmental impacts on the City of San Bernardino area and no adverse effects on the surrounding area. No odor or smell is emitted from the premises and all water is treated before disposal. The business category operates under heavily regulated practices regarding waste in the State of California. The Facility will have minimal or no impact whatsoever on sewage, drainage, solid waste disposal, energy, roads or public transportation. Waste Management Our CCB has hired GAIACA to handle cannabis waste management to ensure that we adhere to the all the CA Bureau of Cannabis Control Emergency Regulations regarding Cannabis Waste Management. GAIACA waste management services is a state licensed third-party waste management company that specializes in cannabis waste. A 55-gallon polyethylene drum is placed in our Safe Storage Room, separate from other traditional waste bins. Full drums are removed on a weekly basis, with fresh, empty ones left in their place. All waste removed from the site will be thoroughly documented via waste manifest, requiring signatures from both facility management and GAIACA transport technicians. Waste is tracked and traced from the point of generation to its final resting place. Culture will also be implementing the use of ENERGY STAR Portfolio Manager, which is a free, easy to use, online tool for tracking waste, energy and water data over time. We will be using this platform to benchmark the performance of the building from a waste management perspective with a long- term goal to consistently improve the performance of our waste reduction program. The entire Culture Team will be set Key Performance Indicators to hit which will trigger one-off performance bonuses, with an aim to reduce, reuse and recycle waste from the shop. The General Manager will be responsible for: -Setting short and long-term waste reduction goals that are then aligned with the entire Culture Team. -Gathering and analyzing information related to the design and implementation of our planned waste reduction activities. 6.c Packet Pg. 271 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) -Communicating the importance of reducing waste within the organization, guiding and sustaining the program and encouraging and rewarding employee commitment and participation in the effort. -Educating employees on ways to participate and building incentives to reduce wastes. -Engaging employees to seek suggestions and create recognition and awards programs. -Monitoring progress. -Reporting the status of planned activities to Culture Inc. and all employees. We will build the following into the design of the building to reduce our carbon footprint: Use of low-emitting LED Lights which have a much lower carbon footprint on the environment. Water-saving devices in all taps, faucets and toilets. Recycling bins separated for plastics, paper and cardboard and land-fill waste. Installation of a solar panel on the roof of the building to reduce our carbon footprint from lighting and air-conditioning. As part of Culture's Environmental Initiatives, we aim to: Serve Natural and Hormone-Free Food in any edible food products sold at the Store. Customers care about what they are consuming and willing to pay for better quality as more clientele believe that this is the right thing to do. Customers are willing to spend more and feel better about coming and making the purchases on a recurring basis. Culture will meet this need. Managing Waste and Conserving Resources which we can achieve by training our staff correctly. This will have a direct impact on minimizing waste. One of the most important ways our business can minimize food waste is to make sure that staff in charge of ordering food for the restaurant have a strong understanding of food rotation. This understanding will help preserve the freshness of product and prevent unnecessary waste. We will have methods in place to ensure recipes are being prepared to the exact specifications outlined. Staff will have thorough and consistent training in order to execute this precisely. The same staff will be responsible for taking inventory, whether it's on a weekly, bi-weekly or monthly basis. We will have efficient back-office software for managing things such as inventory, invoicing and reporting. Supporting Ethical Treatment of Animals and Implementing Sustainable Food Systems. Again, this isn't just good business sense, it's critical to the health of our planet. Understanding that Small Changes Make the Biggest Differences. To achieve this, we will implement the following practices: -Minimize plastic bottles by sourcing companies that package water in recyclable containers. -Kitchen and bar matts and flooring made from 100% recycled mate rials. -Kitchen and bar equipment will be the greenest, cleanest and energy-smart machines available on the market. -Shutting down the computer and POS systems and any other power drawing equipment not needed when business is closed at night. -Using solar thermal panels to heat our water. -All cleaning materials to be biodegradable, eco-safe products. Use of non-toxic pest control. -Our toilet paper, c-folds, and restroom paper towels will be made of chlorine-free unbleached, recycled paper. -Toilets will be water saving. -Recycle bins to be provided on premises, training staff about which products are to be recycled where, we will be strict about kitchen and bar staff recycling glass and plastic receptacles. -Cut down on linens- tablecloths and napkins require a large number of chemical cleaners, 6.c Packet Pg. 272 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) bleaches and starch es. We will use soft cloth napkins, instead of starched. Culture will not use plastic packaging, plastic straws and Styrofoam products. Odor Management Odor control devices and techniques shall be incorporated in our CCB to ensure that odors from cannabis are not detectable off-site. Our CCB shall install a sufficient odor absorbing, ventilation, and exhaust system so that odor generated inside the business premise, that is distinctive to its operation, is not detected outside of the facility, adjacent property, public rights -of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as our CCB. Our CCB shall install and maintain the following equipment, or any other equipment which the Community Development Director or their designee determines is a more effective method or technology. We have experience working with a licensed mechanical engineer on our existing Dispensary build outs and intend to implement a two-part air quality system for the premises. We will consult the City's building department as needed prior to installation of these systems to ensure it adheres to SBMC Odor Control requirements. The first part of the system is a recirculatory inline filter and fan combo which draws air from the Dispensary room and channels the filtered air to the Reception room. This constant recirculation is highly effective at eliminating odor and runs 24 hours a day throughout the premises. The second part of the system involves rooftop mounted exhaust fans that are coupled to in -line carbon filters. Air is drawn into the carbon filters where odors are trapped by the activated charcoal and is discharged to the exterior. This continuous drawing of air into the filter system creates a negative pressure or vacuum in the space in relation to the outside barometric pressure. This means that rather than air escaping from the building interior through small cracks, around doors, etc. it draws in make-up air through any crack or void that may exist. Odors are kept from escaping and the air is constantly being scrubbed and replaced by outside air. We will take measures to eliminate any cannabis odor that may potentially emanate from the dispensary to mitigate disturbances to local business residents. Strict cleaning and sanitizing procedures are part of the standard operating procedures for all operations in the Dispensary Facility. Product-contact surfaces will be cleaned before and after operations and between shift changes. Additionally, surfaces will be cleaned after contact with potentially hazardous items. Employees must wash their hands with warm water and antibacterial soap after eating, or using the restroom before returning to operational areas Operational areas will be easy to clean and maintain by using appropriate, durable finishes for each functional space; careful detailing of finishes to avoid hard-to-clean crevices; adequate and appropriately located maintenance spaces; and incorporation of antimicrobial surfaces 6.c Packet Pg. 273 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 274 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SECTION 5: LOCAL ENTERPRISE Whilst we are a globally outward looking cannabis culture business, every operation that we are involved with has a strong focus on building a localized footprint - we carry this approach forward in every aspect of the business from attempting to work with local suppliers through to having a preference for hiring local staff, building a locally relevant business plan and working with local community organizations. Staffing: Local Hiring Practices In recognition of the fact that prior retail cannabis experience would be desirable, Culture San Bernardino will start with a benchmark of hiring at least 60% of staff locally with up to 40% coming from other locations (providing they have cannabis retail experience). Applicants will be directed to the Culture San Bernardino Website which will have a dedicated 'Work with Us' page where applicants can upload basic personal details and their Curriculum Vitae for application to work with San Bernardino across either a Supervisory or Retail Staff position. We will also advertise with Local Newspapers and at Local Job Fairs to ensure we have a wide pool of talent available for all positions. These would include: The Sun Inland Valley Daily Bulletin Highland News Inland Empire Community News Priority will be given to local residents and applicants with relevant prior retail experience. Staffing Plan Culture San Bernardino will have a range of retail and office management roles as part of its operations base. An Organizational Chart is attached (below) which depicts the various employees within the Applicant's organization. The Applicant will hire 12 Full-Time Staff. The Applicant will maintain the following hiring criteria for all hired personnel: MUST be 21 years of age or older; -High School Diploma or GED equivalent; -Must be able to read, write, speak and comprehend the English language; Will follow Affirmative Action guidelines for hiring; -Will not discriminate based upon age, gender, race or religious affiliation; -Will favor hiring local San Bernardino (and surrounding areas) residents; and -Will favor hiring individuals that are a part of the Applicant's community outreach. Estimated Salary Ranges: -General Manager:USD $80,000.00 annually -Heads of Departments: USD $60,000.00 annually -Marketing Manager: USD $55,000.00 annually -Retail Sales Staff:USD $18.00 per hour -Security Staff:USD $27.00 per hour - All staff will be issued with an Identification Badge which must be worn at all times whilst on the Site and any Facility Premises. This must be used in conjunction with bio-scans to enter and exit rooms. Payroll Management 6.c Packet Pg. 275 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The Applicant will process payroll through a Credit Union account in the State of California. Payroll Tax Management The Applicant will manage Payroll Taxes by accruing for such amounts monthly with monthly payments to then be made to the Board of Equalization for the required amounts Employee and Health Benefits Culture San Bernardino will be offering the following Employee and Health Benefits to its staff, which shall include (on top of their wages and salaries): Medical, prescription, vision and dental health plan Retirement Benefit Plans (401K) Disability Income Protection Plan We also recognize the importance of maintaining fitness and health and will be offering full-time employees a $39 monthly allowance towards a fitness or health club membership - we will discuss programs with fitness and health clubs surrounding Culture San Bernardino. Other perks offered to employees will include: •Refreshments within the Staff Room/ Kitchenette An ongoing formalized staff training program •Sick leave (up to 20 days a year for full-time staff) •Paid Vacation Leave (up to 10 days a year for full-time staff) •Our policy is to 'promote within', whereby existing staff will be looked at first for any future job promotions. Continuing Education In addition to the on-boarding training, for those employees who complete the probationary period and would like to further their education in cannabis or general business studies, our CCB shall offer the following continuing education: 1)Local community college tuition reimbursement for 1 class per semester/quarter after 1 year of work service with a successful appraisal. 2)Additional cannabis education, we shall offer to pay 100% of the tuition for California Cannabis Certification program at the Cannabis Training University, a member of National Cannabis Industry Association. Volunteering Our company encourages any type of volunteering as it builds local community engagement and. Our CCB will host an annual food drive that will be specifically designed to benefit the local community. We will obtain sponsorships from our vendor partners as well as collect food and monetary donations on behalf of the community. All items collected will be distributed locally in partnership with local charities. 6.c Packet Pg. 276 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SECTION 6: BUSINESS PLAN Our vision for Culture is to create a welcoming, warm and embracing Medicinal and Adult Cannabis Dispensary in San Bernardino. Our preferred location offers convenient public transport options, on- site parking and nearby major access roads, whilst the building itself can be readily and safely secured and managed. Culture will serve to enhance the cannabis experience, choice and values of the San Bernardino community, offering an experience catering to the needs, expectations and wants of the local medical and patient caregiver clientele. Local patients will have the option to experience cannabis at our Dispensary which will have an innovative $20.00 shelf - an initiative that keeps cannabis democratic, tackles the black market and responsibly serves a limited amount of cannabis to this audience which will have a strong appeal to new medical patients. We have built our business model on 4 core value propositions: 1.Delivering Unmatched Cannabis Care: We aspire to offer the most caring cannabis experience in the market - focusing on holistic wellness, health and healing through balance and plant-based medicine. That's our brave ambition at least. 2.Highest Product and Quality Service Available: We will only ever sell products that align with our mission and values - clean, tested, compliant, honest, crafted with integrity and care. 3.Being Locally Relevant: Whilst we are a globally outward looking cannabis culture business, every operation that we are involved with has a strong focus on building a localized footprint -we carry this approach forward in every aspect of the business from attempting to work with local suppliers through to having a preference for hiring local staff, building a locally relevant business plan and working with local community organizations. 4.Respecting Diversity and Accessibility: We value and encourage diversity, inclusiveness and accessibility for all. Culture will have 2 clearly defined consumer segments that we will market the Dispensary to: 1.Price-Focused Local Residents: Lower pricing doesn't mean we have to sacrifice quality- it just means we have to work harder to source fair products at great prices for the consumer. That's 6.c Packet Pg. 277 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) why we support initiatives like Red Crow Cannabis, a Native American producer of high-quality Tribal- Grown outdoor cannabis, and Humboldt's Finest, a craft producer of some of the best concentrates available on the market. 2.Quality-Focused Local Residents: California is a world leading center for excellence when it comes to cannabis products and culture. Our relationships with brands like Wonderbrett, Kiva and Cali KUSH, allow us to access exclusive and limited release products. To drive sales, we will offer a number of in-store shopping experiences: 1.Grab-and-Go: For regular consumers that know what they want, this counter allows them to enter the store and be out within 2-minutes. 2.Bud-Tender Service: Less regular consumers have the option of interacting with our experienced and knowledgeable bud-t enders. We will have a Master Bud-Tender on the floor at all times - this 'expert' shall be recruited from a health and wellness background with formal training in either human anatomy, chemistry or plant science so that they can deliver a more advanced knowledge base. 3.1-on-1 Shopping: Our Dispensary will have 2 private shopping nooks with a full range of products so that shoppers can easily ask questions in a more private setting. This 'experience' is adopted from a dispensary that inspired us in Colorado - Botanica. We found the experience highly enjoyable and based on the experience from this dispensary, shoppers using this service increase their basket size +25% on average. Product Offer: Retail Dispensary 4.The Applicant proposes operating a 1,600 Sq.Ft Dispensary which is available to Medical Patients and Primary Caregiver customers. Patients and customers must register at the Dispensary Lobby, showing either a Medical Card and/ or a government issued photo ID Card. Records of each will be stored in a HIPAA Compliant customer management database with cloud storage at an offsite location. After clearing checks, patients and customers will enter the Dispensary and be able to shop for products. Limits apply to the amount of product that an individual can purchase each day. 5.Culture San Bernardino will participate in the California Department of Public Health's (CDPH) Medical Marijuana Identification Card Program (MMICP) which was specifically established to create a State-authorized medical marijuana identification card (MMICP), along with a registry database for verification of qualified patients and their primary caregivers. The MMICP Web-based registry allows law enforcement and the public to verify the validity of a qualified patient or primary caregiver's MMICP as authorization to possess, grow, transport, and/or use medical marijuana within California. 6.Data will be stored by Culture using industry specific cloud storage software. Our first priority is to ensure that such system provides secure electronic access to health data that is 6.c Packet Pg. 278 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) compliant with privacy rules and HIPAA Compliance (Health Insurance of Portability and Accountability Act). HIPAA Compliance ensures that data could never be released without either the patient's written consent or by court subpoena. Data is stored at an off-site HIPAA- Compliant Data Storage Centre and is SSL Encrypted. 7.Specifically, we will also ensure that any Data Storage and Web-Hosting Services have: 8.A signed Business Associate Agreement (BAA) 9.Monthly vulnerability scans of your servers 10.Mitigation of the vulnerabilities discovered by the monthly vulnerability scans 11.Server hardening 12.Off-site backups 13.Log retention of 6 years 14.The Applicant would propose operating the Dispensary daily from 9am to 9pm, with retail staff permitted on-site (with a Manager in attendance) after 7am each day for 2 hours of administrative, cleaning, merchandising and inventory management procedures between 7am and 9am (as required Product Offer: Delivery Services The Applicant is seeking to apply in the future, subject to City and State approvals, for the opportunity to operate a Delivery Service from its premises which will serve the needs of elderly and mobility patients and customers, for medical and primary caregiver sales. Orders will be verified through our Patient Management System and deliveries shall only be made to private houses. MARKETING PLAN Mission Statement Deliver the world' s most caring cannabis experience. Value Proposition Our value proposition is one of the most important elements in our marketing plan - it defines why our potential customers should choose Culture over other Dispensaries in and around San Bernardino. At Culture, we believe that our core value proposition will be achieved by delivering the world's most caring cannabis experience. 6.c Packet Pg. 279 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The experience starts before our patients and customers enter the Dispensary- we carefully design the exterior of our retail outlets so that they are both inviting and welcoming, whilst discreetly fitting in with the local neighborhood. Bud-tenders throughout the facility will be responsible for secondary ID checks, helping guests to select appropriate cannabis products and taking orders from customers. To deliver an unmatched level of service, our staff will undergo rigorous training across all aspects of customer service and safety, cannabis knowledge and a range of technical skills necessary to perform the job and help us achieve our mission. Training will be continuous and staff will be formally managed and rated within the workplace to help us achieve an unmatched level of service. We aim to have the most educated and well-trained bud-tenders in the industry. Customers will be able to shop at one of several counters - either at our quick-service counter so that they can grab-and-go, or, by browsing the store and then entering one of our two private shopping rooms where they can chat in a more relaxed environment with one of our experienced bud-tenders in a one-on-one shopping experience. A concept similar to this in Denver, Colorado (Botanical is highly effective and we are looking to replicate this same model at Culture. The architecture and interior design of the building are just as important as what happens inside the venue. Marketing Strategies Culture will develop a marketing campaign targeted at each of the identified consumer segments, each with a different message and intent: Channel Activity Price- Focused Consumers Quality- Focused Consumers Direct Outreach Database Marketing ♦ ♦ SMS Messaging ♦ ♦ Industry Publications Advertisements ♦ ♦ Sponsored Content ♦ ♦ Editorial ♦ ♦ Social Media lnstagram ♦ ♦ Competitive Sets: 6.c Packet Pg. 280 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) We will be operating the business with two distinct competitive sets: 1.Licensed Dispensaries in the San Bernardino Area: With several licensed medical and adult-use dispensaries operating in the vicinity, it's important that we have a strong offer with ease of parking and a great 'experience' to compete effectively - our key competitive advantages versus these competitors will be on price, quality, shopping options (quick- service counter and private rooms) and our friendly experienced staff. 2.Non-Compliant Market: With many non-compliant delivery and dispensary businesses still operating in the broader San Bernardino County area, the non-compliant market competitors offer stiff competition. We believe that our product quality, pricing & education efforts are an important advantage. Marketing Goals Our core marketing goals from the plan and strategies we have developed are: 1.Build hype, intrigue and desire for the Dispensary business through a clever mix of branding, social media and local community engagement. 2.Drive top of mind awareness through an always-on digitally focused social media and content strategy. 3.Create loyalty to the Culture brand by delivering and living our core value proposition - the world's most caring cannabis experience. Construction Timeline and Narrative The building currently meets title 24, and California Green code standards. Construction on the location was minor, However the ADA Ingress was inadequate and a new ramp was built to satisfy ADA compliance. Most of the tenant improvement are done. Recent plan amendments were approved by the city for some final interior upgrades, which are underway and scheduled for completion early summer 2021. Financial Plan Culture have budgeted for capital works of USD$365,000.00 to start and launch the Culture Dispensary. This capital works budget covers all tenant improvements, fit-out costs, external works, design and project management, security measures, POS Systems implementation and branding required to open and operate the retail store 6.c Packet Pg. 281 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 282 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The budget also includes USD$296,275 of starting inventory which covers a full month of expected retail sales has also been accounted for. A full-time Certified Public Accountant (CPA) would be hired by Culture to manage financials across the business. In addition, a 3rd party Auditor would be engaged to audit the business twice annually to ensure all Investor, City, State and Federal measures are being correctly managed and accounted for. In constructing the 3-year Profit and Loss Statements (Pro-Forma), we have made the following assumptions which are based on documented population densities, average basket sizes from existing dispensary operations, traffic counts at existing adult-use and medical dispensaries and operating days per month. The below figures were used to calculate the annual gross revenue (less taxes): ▪City population for San Bernardino 290,000 https://datausa.io/profile/geo/sanbernardino-ca ▪Average of monthly customers at 15% of population ▪Potential city customers = 31,350 ▪Proposed number of approved Retail = 11 ▪Store estimated monthly customers = 2850 ▪Estimated monthly spend on cannabis = $200.00 _________________________________________ Contributing Factors to Calculations ▪The average age of the local population is in line with the average age of a cannabis consumer at 34. ▪We expect to serve an average of 2850 customers per month with higher volumes during mid-day and evening during weekdays, higher volume during national holidays, and a higher volume during mid-day on weekends. This figure includes delivery orders. ▪Culture is designed to be inviting and approachable to all age ranges, method of consumption, and runs programs designed to drive in consumers 55+, which is the fastest growing market for cannabis in the state. Offering holistic services, education on the potential benefits of CBD, yoga, and other community events will make the location a destination for an active aging population. ▪The use of touch screen technology, lift and learn flower automated flower bars, and smart product packaging in our retail model is unique to the brand and store, which will make this a destination store for the tech centric residents of the area. ▪Culture has several strategic partnerships with licensed cultivation, distribution, and manufacturing facilities throughout the state, reducing the costs of goods sold by procuring the most desired brands at competitive prices. ▪Culture uses low flow devices, LED smart lighting, and energy efficient practices in the operations reducing utilities. ▪Culture uses hybrid vehicles and efficiency-based route selection in the delivery operations. We focus on fuel efficiency for environmental and cost concerns. The cost of fuel is calculated into the supplies portion of the budget. ▪Build out expected to be completed very quickly with a blank slate to work from, low overall construction costs, and the companies ▪Location is ideal for Culture residents with no current storefront retailers 6.c Packet Pg. 283 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.c Packet Pg. 284 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) The CPA employed by Culture would manage all accounting processes and a 3rd party Auditor would be engaged to audit the business once annually. A professional software (e.g., QuickBooks) would be used for all accounting, integrating with our retail POS Systems. Apart from the CPA employed by Culture, we do have a strong executive team that have significant business experience across all facets of financial management, P&L control, debt and equity structures and cost management. Accounting and Finance Management A licensed CPA shall be retained and employed by PTRE Management LLC, to ensure that appropriate financial systems, policies, procedures and accounts are maintained accurately by the Company. GAAP Accounting Procedures shall be used. This person would report to Julie Le as Head of Finance. An independent and certified 3rd party auditor shall also be appointed for annual accounting compliance and audit checks. The City shall have full audit rights as set forth in the City of San Bernardino Ordinance. An appropriate Financial Software (e.g., QuickBooks) shall be installed and mandated for use by PTRE Management LLC with all revenues, expenses, assets and liabilities, accounted for. Annual records (or as requested) shall be made available to the City detailing all sales revenue on a per month basis. Taxes shall be estimated at agreed City rates and paid on time to all Local and State Tax Authorities. Internal Auditing A dedicated and full-time internal audit, regulation and compliance management team will ensure that all operations are in adherence to both City and State Laws regarding all aspects of the cannabis operations. This team sits within Culture. Any standards will meet or exceed City and State Regulations and any changes must be approved by the Head of Regulation and Compliance. Taxes Our CCB shall pay all sales, use, business, employment and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. Inventory Control Practices The Applicant will be using industry specific "seed-to-sale" tracking software - preferred choice is BioTrack THC and METRC, the State approved tracking system. To the extent any employee will be using the system, employees will be trained and given a specific passcode to access the system. An employee must NEVER share or disseminate the passcode to any third party or other employee. An employee must NEVER allow another employee to access the inventory control system with their unique passcode. All medical cannabis will be kept in a safe, locked access-controlled area. This area will have the highest and tightest security restrictions in the Facility and will only be accessible by the Shift Manager and General Manager. No other persons will be allowed to access this room at any time, without exceptions. Employee theft and/or diversion of medical cannabis, regardless of the amount, is grounds for immediate termination and will not be tolerated. Offenders will be reported to the Police. All marijuana inventory including each day's beginning inventory, acquisitions, sales, disbursements, disposal of unusable marijuana, and ending inventory will be taken on a daily basis. All daily, weekly and monthly inventory logs will be kept at the dispensary location for 5 (five) years 6.c Packet Pg. 285 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) from the date of the document and will be available to the City for review upon request. Monthly Inventory Procedure On the first of each month a complete inventory audit according to generally accepted accounting principles of usable and unusable medical marijuana will be taken by the inventory control dispensary agent and documented in the inventory log. All usable and unusable products will be accounted for. Inventory Discrepancies Inventory counts are to match those recorded into the Data Management System. If for any reason the inventory counts do not match those entered into the database due to suspected criminal activity by an employee, the Applicant will immediately notify the Bureau of Cannabis Control and San Bernardino Police Department within 24 hours of discovery of a Significant Discrepancy in our inventory. A significant discrepancy is defined as the lesser of a) $5,000 or b) 2% of the average monthly sales (as determined by an average of the last 6 months or less of our sales), between our expected inventory and our actual inventory at the time of reconciliations. All inventor y will be reconciled at a minimum every 14 days. Inventory counts are taken very seriously and any discrepancy in numbers is of the utmost importance to the Applicant. All documentation of inventory count discrepancy will be available to the General Manager, the Head of Security and relevant external Tax Authorities. Track and Trace: METRC The state of California has selected a cannabis track-and-trace vendor - Franwell Inc. will provide technology that will mark cannabis, often with RFID tags, and follow it through the growth, processing and purchase-by-consumer process. Franwell's METRC software will use time stamping, movement manifest documents and lab testing to authenticate cannabis and minimize diversion and loss of the regulated product. It will also integrate with the Accela Civic Platform and Pega Certification and Licensing systems used by the different departments involved in the industry. The system is meant to protect vendors so no product is stolen, as well as provide a "closed loop" so cannabis does not cross state borders. The Applicants system, Bio Track THC and METRC systems integrate with each other. Sales, Receipts, Invoicing and Inventory will all be managed through a centralized commercial cannabis software system operated through the Bio Track THC platform. Our Commercial Cannabis Business shall maintain an active and functional account within the track and trace system prior to engaging in any commercial cannabis activity, including the purchase, sale, test, packaging, transfer, transport, return, destruction or disposal, of any cannabis goods. The track and trace account manager shall attend and successfully complete all required track and trace system training prior to receiving the annual license from the Bureau of Cannabis Control. The account manager shall not share his/her login with anyone and will use a unique username and password to access the system. The account manager shall maintain a complete, accurate, and up- to-date list of all the track and trace system users, consisting of their full names and usernames. The account manager shall actively monitor all system notifications and resolve all issues detailed in the compliance notifications in a timely fashion. Accounting and Finance Management A licensed CPA shall be retained and employed by PTRE Management LLC, to ensure that appropriate financial syst ems, policies, procedures and accounts are maintained accurately by the Company. GAAP Accounting Procedures shall be used. This person would report to Julie Le as Head of Finance. An independent and certified 3rd party auditor shall also be appointed for annual accounting compliance and audit checks. The City shall have full audit rights as set forth in the City of San Bernardino Ordinance. 6.c Packet Pg. 286 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) An appropriate Financial Software (e.g., QuickBooks) shall be installed and mandated for use by PTRE Management LLC with all revenues, expenses, assets and liabilities, accounted for. Annual records (or as requested) shall be made available to the City detailing all sales revenue on a per month basis. Taxes shall be estimated at agreed City rates and paid on time to all Local and State Tax Authorities. Internal Auditing A dedicated and full-time internal audit, regulation and compliance management team will ensure that all operations are in adherence to both City and State Laws regarding all aspects of the cannabis operations. This team sits within Culture. Any standards will meet or exceed City and State Regulations and any changes must be approved by the Head of Regulation and Compliance. Taxes Our CCB shall pay all sales, use, business, employment and other applicable taxes, and all license, registration, and other fees required under federal, state and local law. Each commercial cannabis business shall cooperate with City with respect to any reasonable request to audit the commercial cannabis business' books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes required to be paid during any period. Inventory Control Practices The Applicant will be using industry specific "seed-to-sale" tracking software - preferred choice is Bio Track THC and METRC, the State approved tracking system. To the extent any employee will be using the system, employees will be trained and given a specific passcode to access the system. An employee must NEVER share or disseminate the passcode to any third party or other employee. An employee must NEVER allow another employee to access the inventory control system with their unique passcode. All medical cannabis will be kept in a safe, locked access-controlled area. This area will have the highest and tightest security restrictions in the Facility and will only be accessible by the Shift Manager and General Manager. No other persons will be allowed to access this room at any time, without exceptions. Employee theft and/or diversion of medical cannabis, regardless of the amount, is grounds for immediate termination and will not be tolerated. Offenders will be reported to the Police. All marijuana inventory including each day's beginning inventory, acquisitions, sales, disbursements, disposal of unusable marijuana, and ending inventory will be taken on a daily basis. All daily, weekly and monthly inventory logs will be kept at the dispensary location for 5 (five) years from the date of the document and will be available to the City for review upon request Monthly Inventory Procedure On the first of each month a complete inventory audit according to generally accepted accounting principles of usable and unusable medical marijuana will be taken by the inventory control dispensary agent and documented in the inventory log. All usable and unusable products will be accounted for. Inventory Discrepancies Inventory counts are to match those recorded into the Data Management System. If for any reason the inventory counts do not match those entered into the database due to suspected criminal activity by an employee, the Applicant will immediately notify the Bureau of Cannabis Control and San Bernardino Police Department within 24 hours of discovery of a Significant Discrepancy in our inventory. A significant discrepancy is defined as the lesser of a) $5,000 or b) 2% of the average monthly sales (as determined by an average of the last 6 months or less of our sales), between our expected inventory and our actual inventory at the time of reconciliations. All inventory will be 6.c Packet Pg. 287 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) reconciled at a minimum every 14 days. Inventory counts are taken very seriously and any discrepancy in numbers is of the utmost importance to the Applicant. All documentation of inventory count discrepancy will be available to the General Manager, the Head of Security and relevant external Tax Authorities. Track and Trace: METRC The state of California has selected a cannabis track-and-trace vendor - Franwell Inc. will provide technology that will mark cannabis, often with RFID tags, and follow it through the growth, processing and purchase-by-consumer process. Franwell's METRC software will use time stamping, movement manifest documents and lab testing to authenticate cannabis and minimize diversion and loss of the regulated product. It will also integrate with the Accela Civic Platform and Pega Certification and Licensing systems used by the different departments involved in the industry. The system is meant to protect vendors so no product is stolen, as well as provide a "closed loop" so cannabis does not cross state borders. The Applicants system, BioTrack THC and METRC systems integrate with each other. Sales, Receipts, Invoicing and Inventory will all be managed through a centralized commercial cannabis software system operated through the BioTrack THC platform. Our Commercial Cannabis Business shall maintain an active and functional account within the track and trace system prior to engaging in any commercial cannabis activity, including the purchase, sale, test, packaging, transfer, transport, return, destruction or disposal, of any cannabis goods. The track and trace account manager shall attend and successfully complete all required track and trace system training prior to receiving the annual license from the Bureau of Cannabis Control. The account manager shall not share his/her login with anyone and will use a unique username and password to access the system. The account manager shall maintain a complete, accurate, and up-to-date list of all the track and trace system users, consisting of their full names and usernames. The account manager shall actively monitor all system notifications and resolve all issues detailed in the compliance notifications in a timely fashion. Our Commercial Cannabis Business maintains complete accountability for all actions of our Owner and employees while logged into the trace and trace system and while conducting track and trace activities. In addition to other inventory reconciliation requirements described throughout, our Commercial Cannabis Business shall also reconcile the physical inventory of cannabis goods at the premise with the records in the track and trace database at least every 14 days. If a discrepancy between physical inventory and the track and trace database occurs, we shall conduct an audit and notice the Bureau of Cannabis Control of any reportable activity. Diversion The Applicant has a zero-tolerance policy for theft. If an employee is caught stealing or attempting to divert medical cannabis, he/she will be terminated immediately and referred to the relevant authorities. The Applicant will actively seek law enforcement involvement and seek to have criminal charges imposed against any employee stealing or diverting medical cannabis and will cooperate with the local police department in investigating any such activity. Employees found to be diverting medical cannabis are subject to arrest, prosecute on, fine, 6.c Packet Pg. 288 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) imprisonment and will be punished to the fullest extent of the law. SECTION 7: ENHANCED PRODUCT SAFETY Product Recalls Cannabis may be returned for several reasons: •it is no longer needed by the customer; •it is found to be defective by the customer; or •it has been recalled due to quality concerns with the associated batch. Product No Longer Needed If cannabis is returned because it is no longer needed and the product is still sealed, then pending verification that it was in fact dispensed by our facility, the customer will receive a receipt indicating the type, date, and amount of returned cannabis. Product Returned as Defective Culture believes that a customer-friendly return policy is essential to all aspects of our operation. We would like to be made aware as soon as possible of any product safety issues that have escaped our screening process so that we can promptly analyze and correct the problem. An unaccepting attitude toward product returns will only discourage reporting of quality concerns and encourage diversion for monetary gain. We will serve our mission better by supporting the return of products that customers find unsatisfactory. Our goal is to develop a policy that neither discourages nor incentivizes returns. Any products returned for quality reasons are weighed and sent for inspection and analysis. If evidence of pests, contamination, or other defects is found, the inventory tracking system will identify all products derived from the same plant or batch (regardless whether they are still in our possession or have been dispensed to consumers), allowing us to do wider testing and remediate, protect, or dispose of inventory as needed and recall products when necessary. Customers will be informed of our return policies and rules both verbally and in writing when making a purchase. We will make sure customers understand that: •cannabis damaged by improper storage by the customer may be returned, but shall not be replace d, •the cannabis must have in fact been purchased at our facility and have been the most recent purchase made by the customer. Product Returned for Quality Issues The General Manager at the Facility will institute the Product Recall Program should any of the cannabis products be shown to be, or potentially be, defective or have a reasonable probability that their use or exposure to the product will cause adverse health consequences. This Product Recall Program includes the method of identification of the products involved; notification to the distributor that supplied the product and then associated steps for recovering and destroying the product. The Applicant will have all of information necessary for any product recall which is stored within the Facility Data Management System. All information concerning the product, the unique serial number and the batch number will all be readily available within such System. Accordingly, the Applicant will not need to undertake any extraordinary measures to gather and disseminate the necessary information. Should a product recall be warranted the notice will include the following information: The reason for the recall and product failure; 1.Identifying information for the cultivation facility involved; 2.Identifying information about each customer that received any of the recalled medical cannabis; 3.Product(s) involved; 6.c Packet Pg. 289 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 4.Batch numbers; 5.Unique serial number tying the product to the cultivation center and batch number; and 6.Date that the product was sold to the customer. With the relevant procedures in place at the point of manufacture and distribution, and State- Licensed Testing in place for every gram and product purchased by Culture, the Applicant would not expect the need to ever require a Product Recall, however, if the need did arise, it would absolutely by ready, willing and able to manage such requirement. The Employee Training Program built for and managed at the Facility would run employees through 'simulated product recall scenarios' so that they are properly trained and ready, if ever the situation requires. Such forward thinking planning and training would put the Applicant at the forefront of the industry in terms of both product quality and product management. Maintaining Product Quality: Destruction of Bad Products Unusable marijuana inventory will include a description of and reason for the marijuana being disposed of, date of disposal, the method of disposal and the name and registry ID number of the employee responsible for the disposal. The goods will be disposed in the Secure Waste receptacle provided by our state licensed third-party cannabis waste management company GAIACA. GAIACA provides a waste manifest report upon each pickup. Product Management: Compliance Product quality, consumer and employee safety are of critical importance to the Applicant. The steps that will be taken to assure the medical cannabis and extracted products are safe, pure, free from contaminants and consistent in terms of quality are as follows - all cannabis sold by the Applicant: 1.Cannabis Products for the License will only be purchased from a State Licensed Distributor. 2.All Products must be certified as being Approved by a Licensed State Approved Testing Company (this process will be managed by the Distributor and checked for compliance by the Applicant). 3.Must be packaged and labelled in accordance with State Regulations regarding the packaging, quality and product safety of such products (this process will be managed by the Distributor and checked for compliance by the Applicant). 4.Must be sold by the 'Use By' date on the product packaging. 5.Must be stored in either an ambient, cold or walk-in safe room with humidity, light and temperature controls at Culture. Product Testing Product Testing will be conducted by a Licensed State Approved Testing Laboratory prior to our purchase from the state licensed Distributor. We will verify that this has occurred and that the testing meets the state requirements prior to our purchase. Our intention is to ensure that the Retail location feels inviting and welcoming, as Dispensaries can often feel quite intimidating the first time a Patient or Customer enters. We will work with a 3rd party design consultant to ensure that, despite the required security measures in the front lobby, the retail store is designed to be friendly, welcoming and inviting. Order Fulfilment All cannabis products sold on site will be appropriately packaged in child-proof sealed containers and then dispensed in opaque paper bags. 6.c Packet Pg. 290 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) All sales will be conducted in legal United States Dollars tender. Limits will apply to the amount of cannabis sold to any customer in a single day. The Facility Track & Trace system will record all sales of all products. Consumer Safety: Exit Packaging All cannabis goods purchased by the Customer shall not leave the premise of our Commercial Cannabis Business unless the goods are placed in an opaque exit package. Consumer Safety: Packaging and Labeling Our Commercial Cannabis Business shall not accept, possess, or sell cannabis goods that are not packaged as they will be sold at final sale. We shall not package or label cannabis goods. Any edible cannabis or edible cannabis products sold on-site shall be labelled and placed in tamper- evident packaging which meets the requirements of California Business and Professions Code Section 19347, as the same may be amended from time-to-time or superseded or replaced by subsequent State legislation or by any department or division of the State of California. All items to be sold or distributed shall be individually wrapped at the original point of preparation by the business permitted as a commercial cannabis manufacturer. Labeling must include a warning if nuts or other known allergens are used, and must include the total weight (in ounces or grams) of cannabis in the package. A warning that the item is a medication and not a food will be clearly legible on the front of the package and/or must comply with state packing requirements. The package will have a label warning that the product is to be kept away from children. The label will also state that the product contains cannabis and must specify the date of manufacture. Any edible cannabis product that is made to resemble a typical food product must be in a properly labelled opaque (non-see-through) package before it leaves the commercial cannabis manufacturing business. Inventory Management: Software Systems The Facility Data Management System is designed to track data in each phase that is carried forward throughout the entire process chain of the seed-to-sale system - growth, Culturing, processing, packaging, order fulfilment, shipping, sale & payment of the medical cannabis, so that the medical cannabis can be traced forward through the entire process and backward from the point of sale back to the clone and mother from which the product was produced. The latest, state-of-the-art, industry specific software, and equipment will be utilized. The software and backup data assures instant access to all information that has been gathered and maintained. The system is specifically designed to record and report information to prevent diversion of the products and theft while maintaining product quality, product consistency, making the employees accountable for the tasks they undertake, while simultaneously providing all regulatory information quickly and efficiently, and providing management with key information and storing such information for the requisite time periods. Seed-to-Sale tracking equipment and software are key elements in the facilities' overall operation and control. The technology used allows the Company to track and record each plant, each activity performed on each plant, its plant and batch numbers, its physical location, stage of growth, nutrients used, pesticides applied, weights, processing, packaging, order processing and ultimate shipment, including all sales data associated with sales to patients and customers. Data Reconciliation The key is to gather information at specific points in the process and then reconcile that information such that the continuous flow of the cultivation, processing, packaging, order assembly and shipping activities are continuously monitored and reconciled. Such information is used at two levels. 6.c Packet Pg. 291 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) First, for regulatory reporting purposes. Second, as a management tool for making important decisions about the overall efficiency of the operation. To that end, information such as cost tracking and analysis, nutrient, equipment and other supply vendors information and costing, dispensary purchases, inventory levels and compliance data is entered into the Data Management System and recorded. Any differences between expected and actual values or counts are immediately highlighted and addressed. Further, using various software privileges, individual employees are held accountable for their tasks and any issues that may arise in fulfilling those tasks. Each employee is given a specific password, such that his/her work input can be monitored and corrected, if necessary. The software systems have a redundancy of backup. Data is stored in secured hardware off-site cloud storage servers (HIPAA-Compliant process), using the latest in encryption technology. All data collected is time and date specific, identified by the employee inputting the data and stored for at least the time required by the State rules. Further, backup data is taken at regular intervals and stored off-site in secondary secure locations using portable hard drives. The result is a highly secure, data processing system with redundancy of operations and storage built in. Data Management Data will be stored by Culture using industry specific cloud storage software. Our first priority is to ensure that such system provides secure electronic access to health data that is compliant with privacy rules and HIPAA Compliance (Health Insurance of Portability and Accountability Act) . HIPAA Compliance ensures that data could never be released without either the customers written consent or by court subpoena. Data is stored at an off-site HIPAA-Compliant Data Storage Centre and is SSL Encrypt ed. Specifically, we will also ensure that any Data Storage and Web-Hosting Services have: 1.A signed Business Associate Agreement (BAA) 2.Monthly vulnerability scans of your servers 3.Mitigation of the vulnerabilities discovered by the monthly vulnerability scans 4.Server hardening 5.Off-site backups 6.Log retention of 6 years A licensed CFO shall be retained and employed by Culture to ensure that appropriate financial systems, policies, procedures and accounts are maintained accurately by the Company. GAAP Accounting Procedures shall be used. An independent and certified 3rd party auditor shall also be appointed for annual accounting compliance and audit checks. The City shall have full audit rights. An appropriate Financial Software (e.g., QuickBooks) shall be installed and mandated for use by Culture with all revenues, expenses, assets and liabilities, accounted for. Annual records (or as requested) shall be made available to the City detailing all sales revenue on a per month basis. Taxes shall be estimated at agreed City rates and paid on time to all Local and State Tax Authorities. Record Keeping: General Data and Patient Orders The Applicant shall maintain records reflecting: a.The full name, address, and telephone number(s) of the owner and lessee of the property. b.The full name, address, and telephone number(s) of all employees. c.Results of annual live scans of all employees. d.The sale of medical cannabis, including but not limited to the identity of the recipient using the unique identifier supplied to them by the state, the 6.c Packet Pg. 292 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) amount sold, the date of the sale, the address of the sale, the name of the employee making the sale, and a written receipt confirming the sale by signature of the receiving person(s). e.A written accounting of all expenditures, costs, revenues and profits of the Dispensary. f.A copy of the Dispensary's required insurance policy and all other insurance policies related to the operation of the Dispensary. g.An inventory record documenting the dates and amounts of medical cannabis received at the medical cannabis dispensary, the daily amounts of medical cannabis stored at the location of the medical cannabis dispensary, and the daily amounts sold. h.Proof of a valid and current permit issued by the city in accordance with this chapter. Every medical cannabis dispensary shall display at all times during business hours the permit issued pursuant to the provisions of this chapter in a conspicuous place. Records shall be maintained off-site, in electronic form on a secure SLL-encrypted server, and secured and verified by the Head of Compliance for Culture Inc. as needed (consistent with requirements pertaining to patient confidentiality pursuant to applicable state and federal law). All records required to be maintained by the Dispensary will be maintained for no less than three years and are subject to immediate inspection by approved City Officials. Restricted Sales Management There shall be no sale or sale to any person not in possession of a valid identification card denoting the person as a qualified patient or a caregiver as defined by law. Our Point-of-Sale system has built in transaction limits to prevent any sale from exceeding California state regulation. There will be no facilities for on-site consumption and the consumption of all alcohol and cannabis products on site is strictly prohibited. New Patient Management All NEW patients and customers will be given the chance to receive regular Cannabis News Updates from Culture San Bernardino by giving us their email address. We will then queue them up to receive our weekly 'Culture News' email newsletter and information - this will be managed through MailChimp. MailChimp is the world's largest marketing automation platform and allows us to schedule when patients and customers receive email communications from us with the delivery of that information queued up so that it is effective and convenient. Signage Plan: Restricted Signage and Other Notices Our CCB will apply with the city Planning Department and wait to receive a permit prior to any sign fabrication or installation. No signs placed on the premises of our CCB shall obstruct any entrance or exit to the building, or any window. Each entrance to our CCB shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. Our CCB shall not advertise using "sign spinners" to passers-by, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way. 6.c Packet Pg. 293 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Our CCB signage shall not be directly illuminated, internally or externally. No banners, flags, billboards or other prohibited signs shall be used at any time. Our CCB shall not advertise using mobile or fixed billboards, bus shelters, placards, aerial advertising, or other similar forms of advertising, anywhere in the state. The entrance to our CCB shall be clearly and legibly posted with a notice that no person under the age of twenty-one years of age is permitted to enter upon the premises except as provided for under section 5.10.330( c) of the SBMC. The original copy of the commercial cannabis business permit issued by the City and the City issued business license shall be posted inside the commercial cannabis business in a location readily visible to the public. The following signage will be displayed prominently within the Dispensary in measurements of not less than 8 x 10 inches, stating: "Smoking, ingesting or consuming cannabis on this property or within 20 feet of the Dispensary is prohibited." "Juveniles are prohibited from entering this property unless they are a qualified patient or primary caregiver and they are in the presence of their parent or legal guardian." "Neither the City of San Bernardino, nor any other governmental agency has tested or inspected any cannabis product for pesticides, or other regulated contaminants distributed at this location." Posting of Notice of Suspension or Notice of Revocation If our Commercial Cannabis Business license is suspended or revoked by the BCC, we shall conspicuously display a notice on the exterior of our premises for the duration of the suspension or revocation. The notice shall be two feet in length and 14 inches in width. The notices shall read: Suspension: The Bureau of Cannabis Control License(s) Issued for This Premises Has Been Suspended for Violation of State Law; or Revocation: The Bureau of Cannabis Control License(s) Issued For This Premises Has Been Revoked For Violation of State Law Minors Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business and shall not be allowed to serve as a driver for a mobile delivery service. The Applicant understands that it shall be unlawful and a violation of the Ordinance for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age. Except as provided 4 for under section 5.10.330 (c) of the Ordinance, the entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business except as provided for under section 5.10.330 (c ). 6.c Packet Pg. 294 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SECTION 10: COMMUNITY BENEFITS The Applicant will be an active supporter of the community of San Bernardino by launching our CULTURE COMMUNITY program that will be headed by a Committee of 4 persons - two directors from Culture and two from the local community. The local community representatives will be nominated by the cannabis community and are essential to the governance and accountability of the program and it is achieving its mission of giving back to the San Bernardino community. Young people are increasingly exposed to alcohol and drugs at an early age - we want to be an active participant in ensuring that these youth receive the appropriate level of information on the dangers of substance abuse at an early age so that they are better informed and more capable of decision making as they develop and mature. We believe that this program will have positive flow-on effects for some of the most pressing and critical social issues effecting San Bernardino - neighborhood crime prevention, substance abuse and creating safer and cleaner parks and recreation facilities. We know that beyond education, it is critically important to provide meaningful facilities and opportunities to youth that inspire, educate and entertain them. To bring meaning to our intent to create these facilities, Culture will be committing 2% of all Net Profits to the CULTURE CARES program for the purposes of actively building and creating facilities that achieve youth development in San Bernardino. The use of these funds will be overseen by the 4-person Committee and will be directed to three identified non-profit organizations that are active in San Bernardino: Youth Action Project (YAP): Founded in 1998, YAP is focused on providing young adults with the skills and habits needed to develop economically and socially. It seeks to help young adults gain meaningful employment, develop career skills and facilitate soft skills training. C.A.S.A of San Bernardino County: There are over 5,000 children and youth living in foster care in San Bernardino County. Many are not only victims of abuse and neglect, but have also been removed from their homes and family and placed in foster care. Many are lost and confused and live without hope. Childhood Cancer Foundation of Southern California: Originally known as Candlelighters and formed in 1981, today the CCFSC provides emotional, financial and emergency assistance support for over 800 families throughout Southern California. Culture will assist those families living in the San Bernardino County, providing support from diagnosis through to treatment. Public Outreach and Community Support Culture San Bernardino propose developing a Community Outreach Program that will be held 4 times a year in conjunction with the City of San Bernardino Cannabis Community. At Culture we believe that education and community outreach can change the way medical cannabis is viewed and help people understand its benefits. To have a successful medical cannabis program, we believe that there needs to be an active relationship between the community, research, physicians and patients. To enact such a program, we will be recruiting a panel of specialists and experts onto our team which will help us conduct the outreach program. We would envision each event having 3 specialists conduct 15-minute lectures with a 30-minute question and answer session at each event. Each event would run for approximately 90-minutes and focus on: • Myths and Facts of Cannabis • Patient Treatment Options • The History of Cannabis 6.c Packet Pg. 295 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) • Latest Research and Medical Findings for Cannabis Responsible Use and Management of Cannabis Our goal is to provide patients with the facts and information they need to be educated and make informed decisions. It is our goal to educate the community so that they can make the best decisions for themselves and their health. All sessions will be provided at zero cost to the patient and attendees. We will schedule a free shuttle bus for attendees that want to attend the session but may not have transport options. Dr. Jeff Chen, Director of the Cannabis Research Initiative at UCLA, has committed in writing to helping us with this initiative. Jeff is one of the most respected cannabis experts in North America and holds a dual MD/MBA from Cornell University. He has spent the last four years working at t he intersection of academia, industry, nonprofit and government to accelerate cannabis research in California and North America. Dr. Chen is the founder of the UCLA Cannabinoid Affinity Group, a published author, David Geffen Fellow and UCLA Wolfen Entrepreneurial Award Recipient. We will also be creating a Medical Marijuana and Pain Education and Support Group hosted through Meetup.com. At this support group pain patients are welcome to attend and hear from guest speakers, ask questions and share personal experiences. This group will meet monthly and is also free to attend. Further, all NEW patients and customers will be given the chance to receive regular Cannabis News Updates from Culture San Bernardino by giving us their email address. We will then queue them up to receive our regular Culture email newsletter and information - this will be managed through MailChimp. MailChimp is the world's largest marketing automation platform and allows us to schedule when patients and customers receive email communications from us with the delivery of that information queued up so that it is effective and convenient. Integration with Local Business Community: Business Outreach Culture San Bernardino believe that good relations with the immediate business community are important and as such will be creating an outreach program to actively engage with its immediate business neighbors on both an always-available and formalized twice a year basis. This program will be enacted to all businesses within 500 yards of Culture San Bernardino. Outreach efforts will include: In the event that the Applicant is successful in its Application, a personal visit from the Licensees to each business within 21-days of being awarded a Permit. Creating an email database of all businesses within the 500-yard radius and sending them a twice- annual email offering news of the cannabis industry AND the Culture business, whilst asking for proactive feedback on better business and community relations. Inviting businesses to attend a Business Feedback and Community Management Forum twice a year which shall be hosted at a suitable venue in the proximate area. Creating a dedicated email address for priority feedback - feedback@culturecannabisclub.com Designating one of our Senior Managers as the Community Relations Officer at Culture San Bernardino. Local Business Engagement 6.c Packet Pg. 296 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) We are very interested in working with local businesses and have already identified several in the San Bernardino local community that could be of assistance to us to grow our business: 1. SEM Tech Media Marketing Agency: Local media, advertising and promotions marketing agency based in San Bernardino that will be essential to our operations for driving traffic into the store and helping us to build the Culture brand. 2: Icon General Contractors: General contractor company based in San Bernardino offering a range of building works services. 3: FDC and Associates Corp: Architect firm based in San Bernardino that we will look to engage for all building design works. 4. C & A Janitorial Services: Janitorial firm in San Bernardino whose services we will look to engage for a range of cleaning and maintenance issues. 5. Access Control Security: Security firm in San Bernardino offering uniformed guards, patrol services and response for any issues 24 hours a day or night. 6. Eddie's Auto Care: We would propose using Eddie's Auto Care as and when we have a fleet of vehicles on the road for any future Cannabis Delivery Business. 7. Apple One Employment Services: Apple One is a local recruitment and manpower agency committed to assisting local businesses and employees connect through employment opportunities. 8. Ballard Plumbing, Heating and AC: Ballard will be a useful supplier as we would require a broad range of their services including HVAC installations, climate control and ongoing maintenance and servicing of our air filters and odor control systems SECTION 11: OTHER INFORMATION Medicinal Cannabis Patient Age and Adult Customer Age Our CCB shall verify the age and all necessary documentation of each medicinal cannabis patient to ensure the patient is not under the age of eighteen years and that the potential patient has a valid doctor's recommendation for the use of medicinal cannabis. All other customers will be verified to be at least twenty-one years of age prior to permitting entry to the facility, using both an age verification check-in platform and visual staff verification of original government-issued photo identification. We take our age verification responsibilities seriously. We conduct internal auditing of our age verification policies weekly with all reception staff members. Age Confirmation in Advertising Prior to any advertising or marketing, our Commercial Cannabis Business shall use age affirmation to verify that the recipient is 21 years of age or older. This includes all forms of communication including in-person, telephone, physical mail, or electronic. As one example, our dispensary websites shall require birth date confirmation, similar to what is implemented on Although our business intends to sell medicinal cannabis goods to verified medicinal cannabis patients aged 18-20, these Customers will not be added to any mailing lists for the purposes of this section. Patient and Customer ID Checks 6.c Packet Pg. 297 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Prior to dispensing medicinal cannabis or medicinal cannabis products to any person, our commercial medicinal cannabis business shall obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient. Advertising Placement Any advertising or marketing placed in broadcast, cable, radio, print, and digital form shall only be displayed where at least 71.6 percent of the audience is reasonably expected to be 21 years of age or older, as determined by reliable up-to-date audience composition data. Upon request, we shall provide to the Bureau of Cannabis Control the audience composition data as required, within the time specified by the BCC. Delivery In the event that we are approved in the future by the City and State for a Delivery Permit, our CCB shall only deliver to customers within a county or city that does not expressly prohibit delivery by ordinance. Quantity of Cannabis On-Site Our CCB shall have only the quantity of cannabis and cannabis products reasonably anticipated to meet the daily sales demand available in the publicly accessible retail sales area of the business. Change of Information Within fifteen calendar days of any other change in the information provided in the application form or any change in status of compliance with the provisions of this Chapter, including any change in the business location, ownership structure, or management members, our CCB shall file an updated application form with the City Manager or his/her designee(s) for review along with an application amendment fee, as set forth in section 5.10.090 and 5.10.130. Site Compliance Prior to commencing operations, our CCB shall obtain a certification from the Community Development Director or his/ her designee(s) certifying that the business is located on a site that meets all of the requirements of Title 19 of the SBMC. Hours of Operation Our CCB shall operate only during the hours specified in the commercial cannabis business permit issued by the City. Reporting and Tracking Reporting and Tracking of Product and of Gross Sales. Our CCB shall have in place a point-of-sale or management inventory tracking system to track and report on all aspects of the commercial cannabis business including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale and other information which may be deemed necessary by the City. Our commercial cannabis business shall ensure that such information is compatible with the City' s record-keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Any system we select shall be approved and authorized by the City Manager or his/her designee(s) prior to being used by the business. Restricted Sales Our CCB shall not permit the sale, dispensing, or consumption of alcoholic beverages or tobacco products on or about the property. The CCB shall post notices visible to the public about this No Alcohol and No Tobacco policy. Consumption Restrictions 6.c Packet Pg. 298 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Our CCB shall prohibit all methods of consumption of cannabis on or about the property. Visibility Restriction No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of our property, or on any of the vehicles owned or used as part of the commercial cannabis business. Our CCB shall not have any outdoor storage of cannabis or cannabis products. Cultivation Compliance Assurances All cannabis and cannabis products sold by our CCB shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with the State and local regulations. No cannabis or cannabis products shall be sold, distributed, or transferred out of the State. No Physician On Site There shall not be a physician located in or around our CCB property for the purpose of evaluating patients for the issuance of a cannabis recommendation or card where applicable. Emergency Contact Our CCB shall provide the City Manager or his/her designee(s) with the name and mobile telephone number of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Our CCB shall notify the City Manager or his/her designee within twenty-four hours of a change in the emergency contact. Notification of Criminal Acts, Civil Judgments, Revocations, or Other Authorizations Our Commercial Cannabis Business shall ensure that the Bureau of Cannabis Control and the San Bernardino Police Department are notified by electronic mail within 48 hours of any criminal convictions related to the Owner. The notification will include the date of conviction, the court docket number, the name of the court in which the licensee was convicted, and the specific offenses for which the licensee was convicted. We shall also notify the BCC and SBPD, by electronic mail within 48 hours, of any civil penalties or judgments rendered against the licensee or Owner. The notification will include the date of verdict or entry of judgment, whichever is sooner, and the court docket number, the name of the court in which the matter was adjudicated, and a description of the civil penalty or judgment rendered against the licensee. We shall also notify the BCC and SBPD by electronic mail of any revocation of a local license, permit, or other authorization. The notice shall include the name of the local agency involved and a written explanation of the proceeding or enforcement action, or specific violation that led to revocation. Notification of Theft, Loss, and Criminal Activity Our Commercial Cannabis Business shall notify the Bureau of Cannabis Control and the San Bernardino Police Department within 24 hours of the discovery of any of the following situations: • Discovery of a Significant Discrepancy • Discovery of diversion, theft, loss, or any other criminal activity pertaining to the operations of our CCB. • Discovery of diversion, theft, loss, or any other criminal activity by an agent or employee of our CCB. 6.c Packet Pg. 299 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) • Discovery of loss or unauthorized alteration of records related to cannabis goods, customers, employees or agents of our CCB. • Discovery of any other breach of security The notification shall be in writing and include the date and time of the occurrence and a description of the incident including, where applicable, the items that were taken or lost. Cannabis Goods Display Cannabis goods for inspection and sale shall only be displayed in the Dispensary Retail Area. No goods will be on display from outside the licensed premises. Cannabis goods removed from their packaging for display shall not be sold, shall not be consumed, and shall be destroyed when the goods are no longer used for display. Cannabis Goods for Sale Our Commercial Cannabis Business shall not make any cannabis goods available for sale to a customer unless the goods were received from a licensed distributor and if the goods have not exceeded their expiration or sell-by date if one is provided. In the case of manufactured cannabis products, we shall ensure that the product complies with all state and local laws pertaining to cannabis goods. Sale of Non-Cannabis Products on Premises Our Commercial Cannabis Business may sell non-cannabis products on the premise, excluding alcohol and tobacco products. An example of some of the non-cannabis items we anticipate selling are: • Store-branded apparel • Glass smoking accessories • Dry flower grinders • Batteries and flower vaporizers • Cannabis ash trays. No live plants will be sold on the premise. Daily Limits Adult Use Customers: no more than 28.5 grams of non-concentrated cannabis or 8 grams of concentrated cannabis, including concentrated cannabis contained in cannabis products Medicinal Cannabis Customers: no more than 8 ounces of medicinal cannabis. If a valid physician's recommendation contains a different amount than the limits described above, then the patient may purchase an amount of medicinal cannabis consistent with the patient's needs as recommended by a physician. No Free Cannabis Goods Our Commercial Cannabis Business shall not provide free cannabis goods to any person. Furthermore, we shall not sell any goods for an insignificant value such as a penny or a dollar. While at times we may allow percentage discounting, especially in the case of seniors and veterans, at no times shall such promotions be intended to circumvent this section. Employee Records 6.c Packet Pg. 300 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Our business shall keep the following records of each employee on file at the premises of the business: • Name, address, and phone number of the employee • Age verification of each employee. A copy of a birth certificate, driver' s license, government- issued identification card, passport or other proof that the applicant is at least twenty-one years of age shall be on file with the business • A list of any crimes enumerated in California Business and Professions Code Section 26057{ b)( 4) for which the employee has been convicted • The name, address, and contact person for all previous employers of the employee for the last ten years, including, but not limited to, all employers from which the applicant was fired, resigned, or asked to leave and the reasons for such dismissal or firing • The fingerprints and a recent photograph of the employee • If applicable, verification that the employee is a qualified patient or primary caregiver Within fifteen calendar days of any other change in the information pr ovided in the application form or any change in status of compliance with the provisions of this Chapter, including any change in the business location, ownership structure, or management members, our CCB shall file an updated application form with the City Manager or his/her designee(s) for review along with an application amendment fee, as set forth in section 5.10.090 and 5.10.130. Community Development Approvals Prior to commencing operations, our CCB shall obtain a certification from the Community Development Director or his/ her designee(s) certifying that the business is located on a site that meets all of the requirements of Title 19 of the SBMC. Attire and Conduct All employees and the Owner of our Commercial Cannabis Business shall maintain a professional dress code and conduct themselves in a business-like fashion at all times. No lewd behavior or clothing will be accepted at any time. 6.c Packet Pg. 301 Attachment: Attachment 3 - CCB 21-0001 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 302 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 303 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 304 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 305 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 306 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 307 Attachment: Attachment 4 - CCB 21-0003 6.d Packet Pg. 308 Attachment: Attachment 4 - CCB 21-0003 6.d Packet Pg. 309 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 310 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 311 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation Table of Contents Location 1 Neighborhood Compatibility Plan 2 Cultivation Business Plan Overview 3 Mission 4 Vision 4 Organizational Commitments 4 Core Values 4 Keys to Success 5 Organization Summary 6 Operations Overview 9 Day to Day Operations Pursuant to Section 5.10.310 9 Security Measures Pursuant to Section 5.10.280 12 Compliance with State Regulation Pursuant to 5.10.420 13 The Lifecycle 14 Drying and Curing 21 Trim Department 23 Research and Development 24 Integrated Pest Management (IPM) 26 Consumer Safety 30 Transportation Plan 37 Inventory Management 42 6.d Packet Pg. 312 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation Supplemental Attachments: Proof of Ownership Business Formation Documents Scope of Work: Proposed Construction, Improvements Timeline Budget Proof of Capitalization Pro Forma Safety Plan **Security Plan Site Plan Site Photos **Strictly Confidential. Not to be Distributed to the General Public The following exhibits shall be withheld per Government Code 6255 6.d Packet Pg. 313 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 1 Location Physical Address: 151 N. E Street San Bernardino, CA 92401 Description of the Proposed/Final Location: Accessible Options is a planned 5,277 square foot commercial indoor cannabis cultivation facility. The site will be an exterior and interior improvement project to an existing commercial building in a Commercial General – 1 Zone, land compliant area within the City of San Bernardino. Substantial renovation will be required to create an innovative, energy efficient, and sustainable cultivation facility. There are 20 existing parking spaces including 1 ADA compliant space. The parking lot will have enhanced LED lighting and 24-hour video security surveillance with coverage of the entire premises including all entrances and aisle ways. Building improvements will meet all California Title 24 requirements for efficiency to include compliant lighting and HVAC. Proof of Ownership: Included in Supplemental Attachment – Quick Claim Deed Description of all known nearby sensitive use areas: There are no known nearby sensitive use areas. 6.d Packet Pg. 314 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 2 Neighborhood Compatibility Plan Accessible Options LLC will facilitate and establish positive and clear communication with our neighboring community. Our primary goal is to ensure that exterior areas and surrounding public areas are well managed to avoid any nuisance or negative impacts. Accessible Options LLC will employ industry best management operating practices (BMOP) and a good neighbor policy to address any potential negative impacts that may arise. Accessible Options LLC will work to build positive relationships with neighboring businesses through: • Introduction meetings with all surrounding businesses and property owners. • Open communication channels via website, telephone, or mail to address any potential concerns. • Non-obtrusive business practices that ensure discretion. • Unmarked, discreet transportation vehicles. The intent of Accessible Options LLC is one of mutual respect between neighbors; to avoid adversarial positions, to treat others as one would like to be treated; to keep an open mind; and be willing to cooperate with a goal of creating a safe and healthy neighborhood environment. It is our goal to implement and execute a good neighbor policy and respond to any reasonable complaint with a proposed solution within 10 days or as requested by the City Manager or his/her designee. All neighbor communications will be maintained as part of company record. 6.d Packet Pg. 315 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 3 Cultivation Business Plan Overview Patrick Girgis, Peter Girgis and Sofi Babayan are applying for commercial cannabis cultivation license in the City of San Bernardino and will be doing business as Accessible Options LLC. Accessible Options LLC will work to improve the quality of our clients' lives by providing quality, lab tested medical and recreational cannabis to our network of state licensed distributors and retail outlets. Our mission is to cultivate the highest quality compliant cannabis on the market. Our team of business leaders and cannabis entrepreneurs have over 30 years of combined experience in cannabis agriculture, retail, economic development, local and state government relations, and real estate development. We are determined to increase community awareness of the medicinal and adult use benefits of cannabis while reducing the negative stigma associated with its use for wellness purposes. We are strong advocates for expanded access to this important medicine for the those who need it most including seniors, veterans, minorities, and individuals with low-income. Our passion and experience is evident across the industry supply chain. From seed-to-sale, we embrace industry best management operating practices. We work in alliance with hundreds of statewide partners, who share our desire for providing the absolute highest quality medicine to clients for the lowest cost. We are excited at the prospect of bringing all that we have learned as growers, advocates, business professionals, civic leaders, and community members to open and operate a state-of- the-art indoor cannabis cultivation facility in the City of San Bernardino. We are confident that the trust and relationships we have cultivated throughout our careers will be leveraged to provide exceptional financial and social benefit to our community. When open Accessible Options LLC will deliver on our mission with a focus on compliant, financially sound, and community responsive operations. We will use the diverse backgrounds and combined experience of our team of highly skilled professionals in product education, business operations, and compliance to manage all aspects of this highly regulated industry with the end user’s needs and safety in mind. Accessible Options LLC business plan represents a realistic and achievable vision of being an industry leader in medicinal and recreational cannabis cultivation. Accessible Options LLC has identified several business goals: • Design, build, and operate a sustainable enterprise that will be cash flow positive and provide opportunities to give back to the community. • Leverage previous experience to create benchmarks for excellence in cannabis cultivation operations within the City of San Bernardino. • Provide living-wage opportunities to local employees who are happy, motivated, and actively contribute to an exceptional working environment free of conflict and hostility. 6.d Packet Pg. 316 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 4 • Develop and maintain positive working relationships with local commercial cannabis distributors and retail outlets. • Improve understanding and education about the medicinal and social benefits of commercial cannabis. Mission Accessible Options LLC is a minority and female owned business that will cultivate the highest quality compliant cannabis on the market by providing safe, lab tested medical and recreational grade commercial cannabis. We are committed to providing our community with alternative health resources in a professional and compassionate environment. We strive to serve our community through charitable events and other volunteer services. Vision Accessible Options LLC envisions a community-oriented commercial cannabis cultivation facility that provides high quality medicine. We will be leaders in the community by conducting outreach activities that serve the needs of clients in San Bernardino and the surrounding areas. We strive to be seen as a good neighbor to residents and businesses by engaging city and municipal leaders and serving as an example of a responsible service provider. Organizational Commitments Accessible Options LLC is committed to: • Providing the community with alternative health resources in a safe, professional environment where all are treated with respect, compassion, and care. • Operating with complete adherence to state and local ordinances, while maintaining a solid working relationship with all government authorities, including law enforcement officials. • Improving the community economy by creating jobs and generating income within the community. • Serving our community, through charitable community event sponsorships and services. • Being a good neighbor to residents and businesses by engaging municipal leaders and serving as an example of a responsible service provider. • Reducing the negative stigma associated with medical and recreational cannabis by being a responsible and upstanding business in the community. Core Values Accessible Options LLC believes in: • Compassion – Serving all clients in a professional, safe, and secure environment. • Responsiveness – To partners, employees, and the community. • Highest Quality Products – Offering safe, high-quality cannabis products that adhere to careful genetic selection, processing, and testing by an independent lab. • Transparency – Regularly auditing financial data by an independent accounting firm. • Community Service – Participating in diverse and important outreach activities to support the needs of our community. 6.d Packet Pg. 317 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 5 Keys to Success Accessible Options LLC keys to success include: • Selfless Service, Duty, and Respect – Accessible Options LLC’s team is unparalleled in our commitment to meeting the needs of the community. We view it as our civic responsibility to respect our neighbors. This philosophy will serve as the foundation to establish a strong presence as a community partner and resource. • Industry Experience – The diverse backgrounds and combined experience of our team of highly skilled professionals and consultants in education, medical and adult use cannabis operations, and compliance make it possible to confidently enact best practices and organizational plans. • Strong Financial Controls - We will conduct business with transparency that complies with all regulations and Generally Accepted Accounting Principles. Accessible Options LLC will manage all resources according to the highest standards. These practices will minimize risks associated with operating a commercial cannabis cultivation facility and support long- term sustainability. • Strong Operational Partnerships - Accessible Options LLC is partnering with several leading experts and vendors in the commercial cannabis industry including: Metrc, Treez, and Fishbowl inventory management systems. 6.d Packet Pg. 318 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 6 Organization Summary Legal Entity Accessible Options LLC is organized as a California Limited Liability Company in the State of California. Accessible Options LLC was established to cultivate lab tested, commercial cannabis for medical and adult use purposes under California’s Medicinal and Adult-Use Cannabis Regulation and Safety Act. • To promote change at all levels of government toward permitted control and regulation of medical and adult use cannabis distribution for the safety and benefit of medical and adult use cannabis clients, through the vigorous exercise of the rights of free speech and association, including through education, lobbying, peaceful non-violent protest, participation in the democratic process, media outreach, impact litigation, and community organizing. • To cultivate, improve and preserve various genetic strains of medical and adult use cannabis, especially those with unique attributes such as high CBD content and those in danger of being orphaned. • To facilitate and/or conduct scientific research and testing on the safety, potency, and efficacy of medical and adult use cannabis to expand scientific data and knowledge. • To prevent the diversion of medical and adult use cannabis to non-medical and adult use purposes. • To achieve all these purposes in a sustainable model of social entrepreneurship that harnesses the existing financial resources of the medical and adult use cannabis economy and to maintain high standards of social responsibility, including excellent working conditions, benefits and living wages for employees, and a high standard of service, selection, and safety for commercial cannabis products. 6.d Packet Pg. 319 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 7 Patrick Girgis and Peter Girgis Bios Patrick and Peter Girgis are brothers that have shared a passion for business. Growing up as two responsible brothers that were goal oriented from a young age. Patrick possesses (2) Master's Degrees in Business Administration & Health Administration as well as a Bachelor's in Business Finance. Peter has a Master’s Degree in Business Administration as well as a Bachelor's in Biology. Shortly after completing their MBA degrees, Patrick and Peter formed PAG Bros Enterprises, Inc, a consulting company for cannabis and other business entities. Their services included building strategic partnerships with vendors, procuring inventory, providing business and financial analysis, management and leadership decision making, negotiations, product pricing as well as placement, and quality control. Prior to consulting, Patrick Girgis was a financial analyst for a law firm and analyzed financial statements, recommended strategies to minimize expenses and developed a full strategic plan for the company. The CEO implemented all recommendations made by Patrick. Peter worked for Yellow Roadway Corporation as an Operations Manager where he built and supervised large teams, managed productivity and led all aspects of operations. Peter became a key asset to the company by improving efficiencies throughout the organization. Patrick and Peter are looking to obtain a cultivation license to continue pursuing their passion while utilizing their diverse knowledge and skills. 6.d Packet Pg. 320 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 8 Sofi Babayan Bio Sofi grew up as a hard-working individual watching her father run a successful limousine business at a young age. She loved to be involved in the business and started to assist her father at age 15 by managing the scheduling between clients. As the business continued to grow, Sofi’s responsibilities increased to managing administrative tasks including emailing agreements to clients, obtaining payments and signatures, and communicating with drivers to ensure the company provided excellent customer service. When her father transitioned to retirement, Sofi led all operations of the company including administrative tasks, payroll, maintenance, and all communication between client’s and drivers. Sofi continues to expand her knowledge by completing business management and leadership courses and seminars. Sofi decided to sell her business after finding a new passion in the cannabis plant. Sofi had a close friend who suffered from debilitating seizures. Sofi watched her friend’s condition improved dramatically by utilizing different cannabinoids. Sofi is eager to continue expanding her knowledge of cannabis and its medicinal benefits. 6.d Packet Pg. 321 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 9 Operations Accessible Options LLC is designed to reflect the extensive experience gained by large-scale cultivation of commercial cannabis in other California jurisdictions. By carefully managing staff and resources, our cultivation techniques have reduced the wholesale cost of cannabis over time. We have developed and continue to research several genetics that have proven both effective and affordable. This integrated plan includes the following highlights: • No product will be sold from this facility until it has been tested by an independent lab. • Finished product will be securely packaged and properly labeled. • All products will be transported by trained employees in unmarked vehicles that are monitored by a global positioning system. • The building will be secured by an electronic monitoring system that can immediately contact local law enforcement. Accessible Options LLC has several years of experience in cultivating commercial cannabis in the State of California. Team members follow strict standard operating procedures that comply with the State of California. Our cultivation facility will use water sourced from the San Bernardino Valley Municipal Water District. Accessible Options LLC owners, officers, and affiliates include experienced professionals in the field of California commercial cannabis regulation, some of whom serve as advisors to lawmakers and regulators. This knowledge will ensure that our cultivation facility will be compliant while operating efficiently, safely, and securely. Accessible Options LLC has designed policies and procedures to adapt to a changing regulatory environment. We are focused on maintaining and exceeding legal compliance standards. The proposed facility is designed to cultivate organic commercial cannabis. Description of day-to-day operations, pursuant to Section 5.10.310 of the City of San Bernardino Municipal Code. 1. Accessible Options LLC proposed hours of operation Monday through Sunday 6:00 a.m. through 10:00 p.m. The facility will be closed to the public. Authorized employees will have 24-hour access, 7 days a week. Deliveries and vendors will be accepted by appointment Monday through Saturday, 8:00 a.m. – 6:00 p.m. 2. On-site consumption of cannabis will be prohibited by all individuals. 3. No cannabis or cannabis products or graphics depicting cannabis or cannabis products will be visible from the exterior of Accessible Options LLC or on any of the vehicles owned or used as part of the commercial cannabis business. There will be no outdoor storage of cannabis or cannabis products. 6.d Packet Pg. 322 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 10 4. Reporting and Tracking of Product and of Gross Sales. Accessible Options LLC will have in place a point-of-sale or management inventory tracking system in addition to the California Cannabis Track and Trace system (CCTT) Metrc to track and report all aspects of sales and inventory including, but not limited to, cannabis tracking, inventory data, gross sales (by weight and by sale), time and date of each sale and other information which may be deemed necessary by the City. Accessible Options LLC will ensure that such information is compatible with the City’s record-keeping systems. In addition, the system will have the capability to produce historical transactional data for review Furthermore, the system selected (we are considering Fishbowl Inventory Management Software) will be approved and authorized by the City Manager or his/her designee(s) prior to being used by the permittee. 5. Accessible Options LLC will cultivate and distribute cannabis and cannabis products. The cannabis and cannabis products that Accessible Options LLC cultivates will be transported by licensed distributors that maintain operations in full conformance with State and local regulations. No cannabis or cannabis products will be sold, distributed, or transferred out of the State. 6. Accessible Options LLC is not open to the public. There will not be a physician located in or around Accessible Options LLC at any time for the purpose of evaluating clients for the issuance of a cannabis recommendation or card where applicable. 7. Accessible Options LLC will not be dispensing cannabis or cannabis products. 8. Emergency Contact. Accessible Options LLC will provide the City Manager or his/her designee(s) with the name, telephone number (both land line and mobile, if available) of an on-site employee or owner to whom emergency notice can be provided at any hour of the day. Accessible Options LLC will notify the City Manager or his/her designee within twenty-four (24) hours of a change in the emergency contact. 9. Emergency Contact: a. Name: Patrick Girgis b. Phone: (909) 969-8984 10. Odor Control a. Odor control devices and techniques will be incorporated at Accessible Options LLC to ensure that odors from cannabis are not detectable off-site. Accessible Options LLC will provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cultivation area is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the commercial cannabis business. As such, Accessible Options LLC will install and maintain the following equipment, or any other equipment which the Community Development Director or his/her designee(s) determine is a more effective method or technology: b. (1) An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; (2) An air system that creates negative air pressure between the commercial cannabis business’s interior and exterior, so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business. 6.d Packet Pg. 323 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 11 c. Specifically, odor control at the cultivation facility will be handled by mechanical ventilation. The Sanuvox Ultraviolet Air and Object Disinfection System will feature a state-of-the-art powered air scrubber that will remove the odors associated with cannabis. Utilizing a combination of charcoal filters and ultraviolet (UV) lighting, the scrubber will filter air that is then exhausted, at a rate of approximately 25 pascals of air, through the normal HVAC system to the outside. For airstream disinfection, the air velocities will be moving at hundreds or even thousands of feet per minute. The UV system will, within milliseconds, bombard the moving contaminant with UV energy. Germicidal lamps will emit ultra-violet (UV-C) energy, which will destroy microbes, such as viruses, bacteria, yeasts, and molds, which may adhere to the coils. UV-C energy greatly reduces the growth and proliferation of mold and other bioaerosols on illuminated surfaces, especially coils and drain pans. d. This system has been proven to effectively filter objectionable odors from a wide variety of facilities, including hospitals, smoking environments, and garbage rooms. It features roof-top units that are designed to maximize energy efficiencies through smart technology and a powerful, easy to use unit controller. e. Each unit treats approximately 1,500 square feet of space; therefore, this structure will require a minimum of 26 units for the first phase of cultivation and production. Because Accessible Options LLC. intends to operate a cultivation facility and a production facility within the same structure, this system will control odors that may be emitted during both cultivation and the manufacturing of edible or infused cannabis products. At full build-out, the structure will require nearly 80 units. 11. Display of Permit and City Business License a. The original copy of the Accessible Options LLC business permit issued by the City pursuant to this Chapter and the City issued business license shall be posted inside Accessible Options LLC readily visible to the public. 12. Background Check a. Every person listed as an owner, manager, or supervisor of Accessible Options LLC will submit Livescan fingerprints and other information deemed necessary by the Chief of Police or his/her designee(s) for a background check by the City of San Bernardino’s Police Department pursuant to California Penal Code Sections 11105(b)(11) and 13300(b)(11), which authorizes City authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation. b. Pursuant to California Penal Sections 11105(b)(11) and 13300(b)(11), which requires that there be a requirement or exclusion from employment, licensing or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a permit to operate a commercial cannabis business unless they have first cleared the background check, as determined by the Chief of Police or his/her designee(s). A fee for the cost of the background investigation, which shall be the actual cost to the City of San Bernardino to conduct the background investigation as it deems necessary and appropriate, 6.d Packet Pg. 324 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 325 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 326 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 14 The Lifecycle The following steps will be taken to ensure the quality of the medical cannabis, including purity and consistency of dose and the presence of potential contaminants. This includes standard operating procedures, a description of the testing process and frequency, and plans to engage with a lab to conduct the testing. The following processes also include seed to sale tracking in accordance with California Cannabis Track and Trace (CCTT) to ensure all cannabis and cannabis products are secured throughout the life cycle. Starting from Seed There are several methods of germinating cannabis seeds. Our process will be as follows: 1. Determine variety to germinate. 2. Prepare the necessary tools for seed germination starting with a clean container that will hold at least 8 oz. of filtered room temperature water. 3. Soak the seeds in the water for 24 hours. At first, the seeds will float on the surface of the water, but as the seeds begin to germinate, their surfaces will open allowing them to take on water and sink to the bottom. The seeds on the bottom of the container are germinated and can now be planted in an appropriate medium. Log results. 4. After soaking, place the seeds between two paper towels and place the paper towels between two plates turned to face each other. Place the plates in the propagation cabinet and wait 24-48 additional hours. The seeds will be visibly germinated at this point and can be transplanted. Log results. 5. Once a seed is germinated, it will be given a unit number, batch number, tracking tag, and will be logged and entered the CCTT so tracking can begin. Planting Seedlings Once a seed has germinated, the vegetative manager will plant the seed in a prepared medium. Seeds should always be planted in small containers to establish a basic root system before being transplanted into larger containers. 1. Prepare planting medium. 2. Fill 12 oz. container three-quarters of the way full with medium. 3. Remove a pinch of medium from the center leaving a hole .25 inches deep. 4. Water the medium. 5. Place germinated seed in the small hole and cover lightly with moist medium. 6. Container is labeled with tag and location and all pertinent data is recorded into Metrc. 7. Place planted containers on shelves under T5 lighting. 8. Check daily for sprouts. 9. Once the plant is 1 inch tall, add .5 inches of medium. 10. Repeat additional medium applications up to 2 times, until the plant has a sturdy base. 11. Water seedlings when they feel dry at the surface. 12. Transplant when plants require water daily. Determining Sex in the Cannabis Plant Cannabis is a dioecious plant species meaning its flowers are either male or female. The zone manager responsible for the flowering of genetics from seed shall monitor flowering plants daily for signs of being male. It is important to note that even if a plant has shown white pistols coming from its branches, it could still be hermaphroditic especially if the seed origins were of a 6.d Packet Pg. 327 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 15 feminized variety. If a plant is determined to be male, it is either returned to vegetative for future breeding or destroyed or disposed of in a manner consistent with waste disposal procedures and logged accordingly. Male Cannabis Plant Male plants will grow distinct ball-like sacs. Once they open, a fine powder is released (pollen) that is dispersed throughout the room on the slightest breeze. The zone manager will take the most care to eliminate contamination risk when removing and destroying male plants. Sexing a Cannabis Plant All cannabis started from seed will be flowered in a separate and distinct quarantined section where pollen is not able to travel into other flowering sections of the facility and potentially contaminate other batches of cannabis. The designated flowering zone manager will oversee the flowering of all plants from seed within their designated batch. 1. Plants will be monitored daily for sign of being male. 2. Once a plant has been determined to be male, it will be removed from the flowering room and destroyed. If the plant is determined to be good for breeding, it may b cloned prior to being destroyed. 3. Remove a male by placing a plastic trash bag over the entire plant and secure the bag tightly at the bottom of the stem by the base of the plant. Cut at the base. 4. Remove male plant from plant inventory. 5. Dispose of the plant following green waste procedures. 6. Continue to monitor remaining plants, even females, for signs of being male or hermaphroditic. 7. All hermaphroditic plants should be treated just as males and disposed of in the same manner. Seed Storage All seeds shall be labeled, logged, sealed airtight containers, and stored in the genetic storage cooler. The vegetative zone manager is responsible for seed storage. Feminized vs. Regular: Feminized seeds are seeds that have been bred by forcing a female plant to become hermaphroditic and fertilize itself to produce an all-female crop. These seeds have a greater propensity to be hermaphrodite and must be monitored closely when flowering. Cloning Process The production stream will begin with the growing of 300 healthy female plants, selected to act as progenitor plants. Also known as mother plants, these progenitors are never intended to be grown to completion and allow for an adequate number of cuttings to be taken to reach and consistently maintain full production. After 24 to 36 months, the mother plants are destroyed and replaced with genetic clones created by tissue cultures. The environment in the mother plant cultivation area will be maintained at 80 degrees, with 58 percent relative humidity and 900 parts per million (ppm) of carbon dioxide. 6.d Packet Pg. 328 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 16 Accessible Options LLC 's cultivation facility will encompass approximately 4,800 SF of cultivation space, which means that the facility will require an average of 230 cuttings taken daily. Based on experience, Accessible Options LLC expects a 85% survival rate. Approximately 40 strains will be produced on a regular basis, each of them chosen for their specific cannabinoid makeup and intended medicinal characteristics. Patient demand and yield data will determine the number of mother plants necessary to stock for each variety. • Mother plants shall be watered with a well-balanced nutrient formula that is high nitrogen. • The mother plant shall be sufficient in size prior to cloning. • Super cropping and topping techniques shall be followed to increase the number of cloning sites on each mother plant. • Avoid taking too many cuttings from a mother plant; leave at least 2/3 for future cloning and allow at least 1 week between cloning sessions for the mother to recover from stress. Materials needed for cloning: Rubbing alcohol, cutting board, scissors, new razor blades, cloning gel (organic honey), small container, distilled or reverse osmosis (RO) water, vinyl work gloves, and cloning medium. Cloning mediums: Rockwool cubes, rapid rooter cubes and coco coir cups. Procedure for Taking Cones: The vegetative manager will train a dedicated zone manager for the propagation of all clones. The vegetative manager will identify and approve a mother plant to be cloned. Cloning Process: The cloning manager will prepare all tools and surfaces by wiping them clean with 90% rubbing alcohol and will then follow this protocol: 1. Fill clean empty glass with distilled or RO water. 2. Prepare cloning medium by moistening with filtered water. 3. Take clean scissors and place them into the cloning medium 1.25 inches deep to ensure a clean hole for planting the cutting. 4. Place the cutting board on a clean stainless steel-working surface. 5. Place the cloning medium and several brand-new razors next to the cutting board. 6. Select suitable cuttings, which are a minimum of three to four inches in length and have at least three leaf nodes. 7. Using scissors, remove several suitable cuttings from the mother plant. 8. Quickly cut and remove lower leaf nodes and place in the cup of water. 9. Place cup with cuttings next to the cutting board. 10. Remove cutting from the water and prepare to make a final clean cut with the razor blade. 11. Place the cutting on the cutting board and slice the base at a 45- degree angle directly below a leaf node for best results. 12. Cut and remove all lower fan leaves, any large fan leaves near the top should be cut in half. 6.d Packet Pg. 329 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 17 13. Immediately dip the cut end of the clone into the cloning gel (rooting hormone), and place into the prepared growing medium. 14. Place the finished tray of cuttings under a propagation dome. Lighting should be t5 florescent or similar. 15. Ensure humidity remains at 80% and temperature remains at 80 degrees. 16. After 7 days, remove all weak cuttings. Cuttings that are standing strong shall enter the tracking system. 17. As soon as a cutting is removed from the mother plant it shall be given a unit number, batch number, RFID tracking tag, logged and entered into Metrc so tracking can begin. Watering Clones 10-14 days after cuttings have been taken, the root system should be established enough to allow the uptake of nutrients. From this time until transplanted into containers, the cloning manager shall ensure proper care is taken to ensure healthy plants for transplanting. When cloning medium begins to dry out, the first watering shall consist of beneficial microbes. Mix microbial mixture into water. Lightly water clones each time the growing medium achieves a 50% moisture level. When the substrate begins to show a second sign of dryness, apply a light vegetative nutrient at 25-50% strength. Transplanting Clones Once a clone is fully rooted, it is ready to be transplanted and moved. An employee will ensure all clones are transplanted, labeled, tagged with RFID and that each transfer is logged and tracked in the SIS. He/she will prepare all materials needed for transplanting and perform transplanting procedures. The following procedures shall be followed whenever transplanting: 1. Collect materials for transplanting clones. 2. Ensure entire working area is clean. 3. Determine the number of clones to be transplanted. 4. Fill clean pots halfway with planting medium. 5. Gently place the clone into the pot and cover the root zone and the bottom of the stem with additional soil. The stem could be covered .5 to 1.5 inches and there should be at least one inch of space remaining between the top of the soil and the top of the planting container. Do not pack the substrate; soil should be light and fluffy for the fastest root growth. 6. Ensure each plant is tagged with RFID tracking, labeled, and logged into Metrc, and the data recorded. Watering Transplants Post transplanting, plants require special attention in watering to ensure proper root development. The vegetative manager shall ensure all new transplants are given water and nutrients by the following process: 1. Prepare vegetative nutrient solution. 2. Water plant's current root zone. 3. Wait until nearly dry, water entire container. 4. Wait until nearly dry, add GWS to nutrient solution, water entire container. 6.d Packet Pg. 330 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 18 Vegetative Phase The vegetative phase is incredibly important for the outcome of the plant. During this phase, plants must create healthy root zones, a strong healthy stem, and a robust branching system. This supportive plant architecture will allow the plant to reach MGP producing large beautiful flowers. The vegetative section of the facility will be kept at 77 to 80 degrees and 58 percent humidity, will be lit 24 hours a day, and will account for roughly 30 percent of the total garden. The room is injected with 700 to 900 ppm of carbon dioxide. Cannabis plants will continue to grow larger without flowering when under constant light. Once the plants reach the desired size, they will be transported to the flower rooms. The plants will be grown in coco coir, which is not fortified and does not naturally contain any macro or micronutrients. Coco is a medium suited to deliver nutrients and to provide space for the rhizosphere, or root ball. Accessible Options LLC will amend the coco with beneficial microbes during transplant. These living organisms help break down salt build-up and make food more readily bioavailable to the plant and defend the plant from disease. Plants will enter the vegetative area in a four-inch pot and will grow for approximately four weeks before being potted in the two-gallon container in which they will grow until completion. After transplanted into two-gallon containers, the plant will be ready for vegetative growth and will be introduced to high-intensity discharge lighting for the first time. The plants will then be relocated to an area with low-wattage lights where they will be fed through drip irrigation. The agricultural lighting used will mimic the light patterns of the sun as the season changes. In the spring, when a plant is growing its stalks and roots without flowers, the light produced by the sun has more blue in the spectrum. Blue light is ideal for healthy root development and aggressive plant growth. When the plants grow to be 24 inches, they will be relocated to the large vegetative section, which will utilize lights that replicate sunlight as it appears in summer and later in fall. This area uses a checker-boarded light sequence, which prepares the plant for the massive increase in photosynthetic activated radiation (PAR) that occurs in flower. Employees will be responsible for contorting the plants by topping them and forcing lower growth to reach close to the top of the canopy, resulting in a superior yield once flowered. At this stage, a preventive maintenance program for pests and disease will be implemented, fortifying the plants with protection from bugs and mold. Neem oil extractions will be a preferred option for these treatments. Accessible Options LLC’s cultivation facility will feature a stop-gap system with a trained manager who has the proper skill set to choose the plants to move from one vegetative garden to the next. A small crew will garden the plants at this stage. By the time a plant is ready to be introduced to the main garden, a significant amount of undergrowth is ready to be pruned away. Undergrowth that is not exposed to light is removed to accelerate growth at the top of the plant. 6.d Packet Pg. 331 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 19 A leaf that is not exposed to light will slow growth down because it still requires photosynthate, a trio carbon sugar phosphate molecule that is the life blood of the plant but does not contribute to the photosynthetic process. This undergrowth is also a breeding ground for pests and mold and must be removed as a part of the preventive maintenance protocol. This stop-gap system serves another equally important purpose. The plants that are scheduled to be moved forward will be screened to make sure that the proper pre-main vegetative gardening has been done. This refers to the manipulation of the branching of each individual plant. Cannabis naturally displays apical dominance, which means that the growth will be focused on the main stalk or "kola." A precision cut made off the main stalk where two axial kolas are forming will remove the apical kola and replace it with two otherwise axial kolas. This process can be repeated endlessly to provide a more homogenous canopy and encourage a bushy growth rather than a straight vertical growth pattern. The plant is manipulated to grow an average of seven kola sites instead of just the one. This process is referred to as branching and occurs while the plant is living in a less intensely lit vegetative area. If the seven primary nodes are not present when the plant reaches the stop-gap, it is properly gardened and returned to the low-wattage vegetative area until it is ready to move on to the high-wattage vegetative area. Flower Room Upon completion of the vegetative growth period, plants will be selected and placed into flower rooms, where a cycle of 12 hours of light followed by 12 hours of darkness triggers the plants' hormonal response to stop vertical growth and develop flowers. Because the plants are all female, no pollen will be present to fertilize their pistols, which in turn causes the flowers' calyxes to swell with the plants' essential oils without developing seeds. Cannabis strains flower in 45 to 85 days depending upon the genetic makeup, so rows will be loaded with a batch comprised of strains that will finish at the same time and benefit from a similar nutrient regiment. Each flower room's environment will be maintained at 80 degrees, with 30 to 40 percent relative humidity and 800 to 1200 ppm of carbon dioxide. Environmental stasis is the goal. Rows will be set at a slight decline, which will allow the used nutrients to slide into the drains that transport the wastewater to the water reclamation system, which treats the water for re-use. This facility expects at least a 90 percent recovery rate on water. As a result, the water that eventually enters the public wastewater system is benign. The plants will be grown in a trellis system to support them as they gain flower weight. Some varieties require 12 plants per light to maximize yield potential. The lights have a red-leaning spectrum like the light of the sun in late summer and fall, allowing the plant to produce heavy flowers. A PAR meter, which measures light intensity, will be utilized to ensure a level below a reading of 800, which is the threshold for most cannabis phenotypes. PAR measurements, temperatures, and relative humidity will be recorded daily throughout the gardens. PAR and EC (electrical conductivity) levels will ramp up slowly through the flowering cycle. PAR and EC thresholds will push around week seven or eight (depending on the strain) and then begin to taper down for the last two weeks of the plant's life. The plants will receive pH-adjusted water without nutrients 6.d Packet Pg. 332 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 20 during the final 10 days of growth, which starves them and creates a product that can be inhaled without creating respiratory discomfort. The primary objective in this department will be to maximize the quantitative and qualitative results. Yield is measured as an average of grams per day per light. This system allows the comparison of yields from varieties that require different flowering times and provides a benchmark for production goals. Higher yields lower the cost of medicine, which provides for savings to be passed on to the client. This means the highest grams per day are grown and flowers are harvested when perfectly ripe. As plant size will be a primary factor in yield potential, plants will enter the flower garden at least 36 inches in height and have been properly pruned of unwanted growth beneath the canopy. Plants should have approximately seven primary node sites, which are branched and properly gardened. Employees, in assembly-line fashion, will gently pass the plants to one another and onto the flower table. Each plant is very delicate and must be hand-held. Experiments in the use of conveyer belts have produced unacceptable results. Ideal harvest time will be determined by recognizing that calyx development is complete, anthocyanin and anothxanthin are abundant and visible, and trichrome development has reached its potential. The objective is to harvest the plants the day they taper off increasing in weight to avoid diminished returns each day as a result of waiting to be harvested and restocking that row. Harvest Team Once a batch has a confirmed harvest date, the processing manager shall initiate the harvest of that batch. The processing manager shall ensure that upon harvest each batch is tag scanned, weighed, transferred and data recorded. The following process will be used to harvest each plant within a batch: Process for harvesting: 1. Scan tag for harvest. 2. Cut the plant at the base as close to the soil as possible. 3. Weigh the entire plant and record in the log. 4. Place plant on the stainless-steel table. Stainless steel table should be free from debris and wiped with alcohol. 5. Repeat the process until the table is full. 6. Transfer the product to the processing room and record new location and all other pertinent information. 7. Record total batch weight on log sheet and in Metrc. 8. Immediately remove fan leaves and begin trimming and drying process. 6.d Packet Pg. 333 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 21 Drying and Curing The drying process consists of slowly removing most of the moisture from finished cannabis in a manner that preserves and increases the efficacy of each batch. Harvested cannabis has moisture content of approximately 80%. During the drying process the moisture is slowly reduced to 15% and then moved into the curing phase to further reduce the moisture content to 8% so it can be safely sealed. During this time, a molecular transformation occurs. The dead plant continues to transport fluids, which are utilized during this stage of production. The outer cells dry first, and the moisture is drawn from the inside out. In the end, the flowers should be evenly dry. This process can take anywhere from 7 to 25 days. While it can be rushed, a better finished product is obtained when this process is provided more time. When rushed, chlorophyll and other pigments, nitrates, and starches become trapped in the material, which results in a harsher smoking experience that can irritate a client's lungs. Specific environmental conditions will be required to facilitate the process of drying and curing cannabis. These conditions include humidity, temperature, and air exchange. If the environment is not controlled to meet these conditions, the quality of the finished product can be greatly worsened. The relative humidity of the environment should not be below 40 percent. If it drops below this level, the moisture will evaporate too quickly, and the material will not be able to successfully complete the process. When the relative humidity is greater than 60 percent, the plant material will never dry to the appropriate level for distribution. During the last few days of the drying and curing process, most of the moisture has already evaporated. To allow enough time for the molecular transformation process to finish without the material over-drying, humidifiers may be required to raise the moisture level of the air. Air temperature should be kept inside a range from 60 to 75 degrees (F) while it dries and cures. This is done using heating, ventilation, and air conditioning (HVAC) equipment to heat and cool the environment. The temperature of the fresh air being introduced determines which one will be needed at the time. If a lot of material is placed in a small environment, the material itself may give off small amounts of heat as it composts. If dehumidifiers are being used in the space, they can also give off heat. An environment that is too hot will more easily damage product than one that is too cold, but both will damage the quality of the finished product. During the drying and curing process, fresh air must constantly be introduced into the environment and the old air must be removed. While live plants require carbon dioxide to breathe, dead plant material requires a fresh oxygen supply to complete the molecular transformation, called decarboxylation, to occur. As decarboxylation occurs, gasses will be emitted into the air and must be removed. These gases consist mostly of ethylene and nitrogen, like those released by many types of produce, although some others may also be involved. If the gasses are not successfully removed, the quality of the finished product can be greatly diminished. During decarboxylation, the 6.d Packet Pg. 334 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 22 cannabinoids change from their "non-active acidic" form to their "active neutral” form. The breaking down of the chlorophyll will be visible as the color of the material will change from the vibrant green of a live plant to a grayish or amber color, depending on the strain. Inside the locked and secured rooms used for curing and drying, the plant material can vary greatly depending on its location in the space relative to the introduction of fresh air and air currents from HVAC equipment, humidifiers, and dehumidifiers. Fans will be necessary to circulate the air to ensure that a room dries evenly. These fans must be carefully placed to provide a steady, low amount of air movement. It is best when strong air currents do not directly hit the plant material. Inside this climate-controlled environment, the plant material will sit on screens, typically placed on racks. There is a maximum amount of material that can be placed in a space. If too much product is placed in a confined space, the result can be lower quality. In the later stages of the drying and curing process, after most of the moisture is gone and the evaporative gasses have been removed, the material is placed in special bags or containers to slow the process and help ensure even drying. These containers should not be sealed tightly until the very end of the process. In addition, the rooms must be kept in the dark and lit only with LED green lighting. Other types of light can be harmful to the product and degrade the desired active compounds. The installation of anti-microbial ultraviolet (UV) lights and high efficiency particulate air (HEPA) filters in the HVAC ducting assists in avoiding such problems. Cleaning the cure rooms with a diluted bleach solution between harvests will be good routine maintenance. Part of the facility's alarm system will relate to the climate inside the facility. Once harvested and cured, cannabis will reach a period where its quality peaks for consumption. Dry cannabis can degrade and lose value if not stored in the proper climate. There is a small range for this climate, normally 55 to 60 degrees (F). If it is known that the product will be stored for longer periods of time, it may be stored in a slightly cooler range as it will degrade more slowly. If the climate control system fails, it is imperative that personnel be notified and respond rapidly. Two separate mechanisms are used to ensure action is taken quickly. The first safeguard to climate control failure is tied in directly to the thermostats used to tell the HVAC equipment when to turn on and off. The second one is linked to independent thermometers that solely function to trigger the alarm when the selected range is exceeded by five degrees or more. It is important that sensors for these two systems are placed throughout the facility to provide even coverage. Stem Drying Cannabis Cannabis that has been trimmed on the stem can also be dried on the stem. Stem drying ultimately creates the highest quality finished product. 1. Prepare hanger by labeling with batch RFID and all pertinent information including strain. 2. After trimming, hang individual stems on a hanger until the hanger is loosely full. 3. Hang hangers on wall rack designed for stem drying. 4. Scan batch tag and record location and all pertaining data in SIS. 5. Materials for stem drying: Hangers, vinyl gloves, wall hanging system 6.d Packet Pg. 335 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 23 Curing Curing is the process of slowly removing moisture content from 15% down to 8% in order to remove the remaining chlorophyll and sugars from flowers and prepare them for packaging or processing into extraction form. The processing manager will utilize the following process to ensure cannabis is cured properly: 1. Label container with batch tag and all pertinent information including strain and harvest date. 2. Place cannabis into container no higher than the fill line. 3. Seal the container and log moisture level. 4. Scan Batch barcode tag and record location and all other pertinent information. 5. When moisture level increases by 10 points, open the valve on the lid and allow moisture level to reduce. May take one to five hours. 6. When moisture level holds firm at pre-determined level for two days, cannabis is properly dried. 7. Open lid valve every two days for remaining days in the 14-day period. 8. Rotate container daily. 9. After 14 days, cannabis shall be sealed to await testing and test results. Materials for Curing: Curing containers, vinyl gloves. Trim Department Trim employees will be divided into rotating groups to help boost morale and set the pace of production. The team leader will work directly with different groups of employees each day to learn everyone’s strengths and keep the team balanced and efficient. All plants shall immediately have their leaves removed to allow adequate airflow around the flower while it is hung to dry in a room with a humidity level below 50%. Fans move the air while humidity is reduced further over the next few days allowing all flowers to decrease their moisture content to below 15%. Flowers are then placed in containers where their moisture content is reduced to less than 10%. During this time, the bud is slowly turned allowing all plant terpenes to be released and evenly coat the entire batch creating a consistent smell and flavor profile. Prior to being trimmed and cured, the processing team will segregate all harvested cannabis flower into their designated pre-determined homogenized batches. All segregated batches will be maintained in a secure, climate-controlled location suitable for the prevention of product contamination or efficacy loss. The trim team will also provide a critical quality control function by ensuring that all cannabis is clean of coco coir, bugs, mildew, mold, rot, and any foreign particulate. Once trained, each trimmer will be able to complete 10 plants in a workday. Accessible Options LLC anticipates trimming over 130 plants daily. 6.d Packet Pg. 336 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 24 Research and Development Seeds will be bred and grown in a sealed, contained, and secure room within the cultivation facility with the objective of finding improved genetics with superior medicinal attributes. As better examples are identified, they will be grown into progenitors and then brought into the production repertoire. Breeding stock is chosen based on the desired phenotypic expressions as well as a plant's vigor and stability. When a female plant demonstrates these desirable traits, Accessible Options LLC can manipulate the ribonucleic acid (RNA) sequencing and reverse the hormones to generate pollen. The most successful breeding is completed with pollen from a true male plant crossed with a flowering female plant. Proper phenotype selection for desirable medicinal qualities is paramount. Progenitors are chosen based on qualitative and quantitative judgments. Some of the most potent strains produce the lowest yields. Poor phenotypes reveal themselves through genetic drift over a few cycles. These are culled from the garden and replaced with a new strain, grown from seed, and using proprietary genetics that are under constant revision. An intelligent balance will maximize gains. In a sterile laboratory environment, tissue cultures will be taken and maintained as backup in the genetic library. Should a progenitor plant begin to show signs of lack of vigor and need replacement, these tissue cultures will be propagated to replace that plant. Nutrient and Fertilizer The employees working the water station will be responsible for blending the stock tanks that feed into the fertigation system. Accessible Options LLC will utilize proprietary elemental salt blends used to create a bioavailable solution of macro and micronutrients to the plant's rhizosphere (roots), where uptake occurs, and the elemental salt blend is delivered through the vascular system of the plant. Our lead grower has several in-house recipe protocols, all used at different stages of plant growth. Amendments are derived from the following elemental salts: ammonium sulfate, calcium nitrate, monobasic potassium phosphate, potassium nitrate, potassium sulfate, magnesium sulfate, and a mix of micro nutrients found in a pre-blended formula called Jack's Professional Mix of Soluble Traces (MOST). These elements are typically utilized in a powder form and stored safely. Before mixing begins, tap water is tested for electrical conductivity (EC) and acidity (pH). If one of these tests does not fall within the standard range, adjustments must be made to the formula. Stock tanks are mixed and cleaned daily. The fertilizer is administered the same day it is mixed. A protocol sheet is posted on each stock tank, noting the EC and pH and dated with the appropriate manager's initials. 6.d Packet Pg. 337 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 25 The water team also consists of line runners, who are responsible for making sure the proper amendments are placed. The team also checks for blockage in the emitter lines. If a line is clogged, they replace the line and emitters and make notation on the repair clipboard at the front of the row. Medicinal cannabis must be fertigated at a pH reading between 5.8 and 6.2 when growing in coco coir, which is a mix that produces root growth of plants. The electrical conductivity is gradually increased in tandem with the light increase for the first seven weeks of flower, then begins to taper off at the end of the light cycle. Plants are flushed with plain water for the last 10 to 15 days of the plant cycle. This forces the plant to draw the sugars stored in the leaves into the flowers. Without a proper flush, the excess nitrogen, phosphorus, and potassium will hide the flavor profiles that otherwise exist. Disease and Pathogens Plants are susceptible to disease, pathogenic microbes, and a multitude of pests. Most of these adversarial variables are preventable with best practices and procedures. Properly trained, skilled employees are paramount for success in identifying and preventing unnecessary crop damage and loss. 6.d Packet Pg. 338 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 26 Integrated Pest Management (IPM) Cannabis pests and diseases are best managed in a preventative manner. Medicinal cannabis has an extraordinary resilience to most adversarial biotic and abiotic components. As a result, an intelligently integrated pest management (IPM) system will ensure a safe work environment and long-term protection against pests by using a rotation of pesticides, fungicides, and biological controls that operate under different modes of actions. Biosecurity To prevent pest and disease infestations the facility has been designed with levels of biosecurity. Upon entering the building, all persons shall step on a sanitation mat and pass through an air shower. All employees must then enter locker rooms where they change into clean uniforms. Each section of the facility will be compartmentalized to prevent cross contamination between departments. All employees shall remain within their designated working areas to further prevent potential chances for cross- contamination. All walls between shall be adequately sealed, and all air entering the facility shall be screened through a high-micron filtering system. Pest and Disease Control Tracking The manager shall keep a schedule for all pest and disease control prevention. All data pertaining to pesticide applications and other crop inputs shall be recorded and the record maintained at the dispensary for a minimum of six years. All crop input records will be made available to the regulatory agencies upon request. The application record will include the following information: • Date and time of application. • Date of start of vegetative stage of growth. • USEPA Registration Number. • Product name. • Copy of the label of the applied product. • Application site (the site shall be identified by the location legend maintained by • the facility). • Amount of product applied. • Size of the application area. • Name of individual making the application. • Section for comments or special conditions related to the application. IPM Program Infestation Level The cultivation manager shall pre-determine an action threshold for each potential pest and disease. The action threshold will determine the type of pesticide and the rate of application. Prevention The cultivation team will always follow a standard prevention protocol. This protocol will include preventing pests from entering the growing space, preventing cross contamination from zone to zone, closely following environmental protocol for each zone, always maintaining cleanliness 6.d Packet Pg. 339 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 27 standards, using preventive biological/microbial controls, growing pest and disease resistant strains, and growing with organic methods and quantum cannabis methods that produce maximum plant health thus remaining resistant to pests and disease. Monitoring Plants will be monitored daily by each zone manager. At the first sign of any pest or disease, the cultivation team shall determine a treatment protocol for the affected zone and the entire facility. Immediate Action Plants will be monitored for new signs of pest and disease so they can be treated immediately. Immediate action reduces the chance of complications within the growth cycle that will reduce quality, yield, and consistency of dose. Immediate action also reduces the amount and frequency of pesticide applications. IPM Training The cultivation manager will train all vegetative agents in IPM practices and the proper application standards for all crop inputs. All individuals responsible for applying pesticides on the premises shall obtain the appropriate license from the department prior to making any applications. Cultivation operations must follow the EPA Worker Protection Standard 4 when preparing and applying pesticides. Indoor cultivation operations must comply with the pesticide manufacturer’s published re-entry interval time periods when applying pesticides. Initial training shall include at a minimum: • Sanitary requirements for pest and disease prevention • Recognizing common pests and disease • Recognizing symptoms of pests and disease • Ruling out nutrient deficiencies • Daily monitoring and spot checks • Determining the infestation level/action threshold • Approved areas for pesticide applications • Controlling outbreaks in the vegetative phase • Adhering to the agricultural use requirements of the label • Use of personal protective gear • Use of application equipment and process • Procedures for spray applications • Lighting requirements for spray applications • Procedures for soil drenches • Handling/laundering protective wear • Storage • Disposal • Approved products • MSD Sheets Pesticide Application Process All pesticides shall only be applied in the early stages of vegetative growth. Pesticide application shall be strictly prohibited during the flowering phase. When an actionable infestation level is 6.d Packet Pg. 340 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 28 determined during vegetative growth, it is the responsibility of the vegetative lead and trained vegetative staff to act immediately to prevent further contamination. All individuals applying pesticides will adhere to the agricultural use requirements written on the label and shall employ all personal protective equipment recommended on the product label. All dispensary staff members will be aware of worker protection requirement standards for the restricted entry interval (REI) stated on each product's label prior to application. 1. Determine the infestation type 2. Determine the appropriate treatment 3. Review the instructions for application on the product label 4. Ensure the product intended for use is approved by the Department 5. Determine application methods, i.e. soil or foliar application 6. Atomizer (foliage sprayer) 7. Pesticides application pump and reservoir (soil drench) 8. Change into the appropriate protective clothing and equipment 9. Change into the appropriate protective clothing and equipment 10. Coveralls 11. Waterproof spray suit 12. Gloves 13. Boots 14. Goggles and face shield 15. Respirator 16. Prepare solution by strictly following the appropriate ratios for each product used. 17. If the solution is to be applied by spraying on foliage, turn off HID lights and use normal lighting. All HID lights are to remain off until foliage is completely dry to avoid concentrated light burn damage. 18. Perform application 19. Launder protective wear All regulators and environmental control systems that regulate carbon dioxide emissions must be maintained in good working order and be serviced in accordance with the manufacturer’s recommendations. Equipment and Tools Equipment used for measuring, regulating, or recording temperatures, pH, humidity, or other conditions related to the cultivation and processing of cannabis must be accurate and adequately maintained. Cultivation and processing tools that come in direct contact with cannabis plants should be disinfected as needed to protect plant health. Scales used for the weighing of cannabis must be calibrated. Pesticide Storage Proper storage of pesticides, fungicides and other bio-controls is imperative to ensure their efficacy over time. The cultivation manager will maintain the storage of all pesticides in a manner that prolongs their shelf life while protecting employees, and the environment, and does not allow for any possible contamination of plants beyond the vegetative phase and or finished product. 6.d Packet Pg. 341 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 29 All pesticides will be stored in the following manner: • In locked cabinet. • Cabinet shall be cool, dry and well ventilated. • In their original containers. • With proper labeling intact. • Dry pesticides above liquid pesticides. • Follow all storage recommendation on the label for special needs. • Off the ground in case of flooding. • MSD sheets and emergency numbers always available. • Wash hands after any contact with chemicals. • No food or drink where chemicals are stored or used. Never store pesticides: • In equipment used for application. • In any other container except for the original. • Near food, nutrients, flowering plants or finished products, water, or protective clothing. 6.d Packet Pg. 342 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 30 Consumer Safety Testing and Verifying Plan Accessible Options LLC will ensure the cultivation of commercial grade cannabis is in full compliance with state regulations and mandatory testing requirements. • All cannabis produced by Accessible Options LLC is tested for contaminants and cannabinoid profile in compliance with testing regulations outlined by the California Department of Public Health and to ensure that the results of all testing are maintained for no less than five years. Pursuant to state law, independent distributors are responsible for testing all commercial cannabis. • Accessible Options LLC will cultivate commercial cannabis in a safe and sanitary manner. • The cultivation facility will feature change rooms where employees, before reporting to their workstations within the cultivation areas, can change from their street clothes into sanitary uniforms provided by Accessible Options LLC. • The cultivation facility will not sell or transfer any commercial cannabis that has not been tested for content, quality, and potency in accordance with the state's regulations. This requirement applies regardless of whether the product is being sold or transferred within or outside Accessible Options LLC vertically integrated structure. • Procedures for handling voluntary and mandatory recalls of cannabis and client complaints are included. Provisions include establishment of a Quality Control Unit, which will be responsible for product traceability and for coordinating all aspects of a withdrawal or product recall, if deemed necessary. Quality Assurance The cultivation facility will process commercial cannabis in a safe and sanitary manner. Only the leaves and flowers of a female cannabis plant will be processed for consumption and will be well-cured, free of seeds, stems, dirt, sand, debris, and other foreign matter; free of contamination by mold, rot, other fungus and bacterial diseases; prepared and handled on food- grade stainless steel tables; and packaged in a secure area. When employees arrive at the facility, they will report first to a change room where, in a private and comfortable setting, they can change out of their street clothes and into sanitary uniforms provided by Accessible Options LLC. By leaving their street clothes in lockers in the change room, the employees will not inadvertently carry other spores, pests, or contaminants into the vegetation, flower, and cure rooms. At the end of their shifts, employees will leave their uniforms in the change room. This process will also assure product security by reducing the risk of employee theft. Product Testing Pursuant to California state law, independent distributors are responsible for testing all commercial cannabis. Accessible Options LLC has established relationships with licensed distributors. Accessible Options LLC will only source cannabis products from licensed distributors. 6.d Packet Pg. 343 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 31 Recordkeeping The cultivation facility will disclose in writing with each lot of usable cannabis provided to a cannabis dispensary all soil amendments, fertilizers, and other crop production aids applied to the growing medium or cannabis plant included in the lot. In addition, all test results and reports, and the name of the laboratory that performed the tests, will be transmitted, along with the corresponding product, to the cannabis establishment that acquires cannabis from this cultivation facility. The cultivation facility will maintain all test results for at least five (5) years. Product Complaints, Withdrawal, and Recall Procedures The quality control unit is responsible for managing any withdrawal or recall event in conjunction with the facility manager. The facility manager will work with a withdrawal/recall coordinator who will assist in the investigation. The facility manager is responsible for the determination and execution of a recall or withdrawal that originates with Accessible Options LLC. The quality control unit must ensure that all procedures are implemented effectively and efficiently. Objectives of Withdrawal And Recall Procedures The primary objective of a withdrawal or recall is to stop distribution of the affected product. All customers, management, and the City of San Bernardino must be notified of any withdrawal or recall. Accessible Options LLC will strive to remove the affected product quickly and efficiently from the supply chain including storage and distribution areas. Accessible Options LLC will safely dispose of the affected product pursuant to the waste disposal procedures. Investigation of a complaint Upon notification of a complaint, Accessible Options LLC will begin an investigation process. Initially Accessible Options LLC will gather information about the nature of the product complaint by the end user, supplier, or regulator and will adhere to the following process: 1. The facility manager will assemble the appropriate personnel needed to conduct a product complaint investigation. 2. The facility manager and any other assigned personnel will conduct a thorough investigation into the problem with the affected product. 3. The facility manager will enter all information into a Complaint Report Form. 4. The facility manager will determine the nature and potential causes of the problem and whether any other product(s) may potentially be affected. 5. Accessible Options LLC will determine whether it is necessary to issue a product recall or withdrawal or if no corrective action is necessary; and 6. Accessible Options LLC shall document in writing the reasons for its decision(s). All evidence obtained will be secured in a locked drawer for a period of 5 years. Evidence obtained as part of the investigation will be confidential to the extent permitted by law. Classification of a Withdrawal or Recall 6.d Packet Pg. 344 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 32 There are two levels of corrective action Accessible Options LLC may take: product recall and product withdrawal. A product recall is generally undertaken to protect end user health and safety, such as if contaminants are discovered in the product that will affect the physical, biological, or immunological well-being of the client. Specifically, a recall typically involves the presence of bacteria or a substance that may cause a potential allergic reaction or other health issue. In the event of a recall, Accessible Options LLC must notify the City of San Bernardino, the California Department of Public Health, and the California Department of Food and Agriculture immediately but no later than 24 hours and issue a press release. A product withdrawal is generally conducted where there is a quality-related issue with the affected product or as a precautionary measure before an official recall is implemented. A press release may not be necessary in the event of a withdrawal, but the aforementioned regulatory must always be notified of any withdrawals. The following examples would constitute an incident requiring a withdrawal or recall: 1. Product found with a pesticide residue for an illegal or restricted chemical. 2. Product found with a pesticide residue above permitted legal limits. 3. Known, assumed, or suspected product contamination by chemical, physical, or microbiological hazards. This would include blood borne pathogens. (Examples of physical contamination would include plastic, glass, wood, metal, or pests); 4. Incorrect labeling which may constitute a breach in food safety, quality, or legality standards. 5. Notification from a supplier that any of the above had occurred to product prior to supply; and 6. Malicious contamination. The term "recall" can have legal significance as well as insurance and liability implications. The term should be used carefully and only when mandated by the facility manager. Otherwise, the term "withdrawal" must be used. In determining which procedures to implement, Accessible Options LLC will consider and assess the following points: 1. Whether or not any disease or injuries have already occurred from the use of the product. 2. Whether the identified problem may cause significant hazard to various segments of the population (e.g., immune compromised patients, surgical patients, or other individuals who may be at greatest risk). 3. The degree of seriousness of the health hazard to which the population at risk would be exposed. 4. The likelihood of occurrence of hazard. Any determination by the facility manager to implement recall procedures must be supported by test results or other scientific documentation or expert opinion. A withdrawal or recall event must be assigned to one of the following classes: 6.d Packet Pg. 345 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 33 • Class 1: When there is an emergency involving removal of products from the market in which the consequences of use or exposure to the product are life threatening or involve a serious adverse health consequence. • Class 2: When there is a situation in which the use of, or exposure to, a contaminated product may cause temporary adverse health consequences or where the probability of serious adverse health consequence is remote (for example, pathogenic bacterial population, exclusive of C. botulinum, adequate to cause food poisoning). • Class 3: When there is a situation in which the use of, or exposure to, the product is not likely to cause adverse health consequences (for example a non-hazardous labeling violation). The facility manager must determine the need to execute a withdrawal or recall of any cannabis distributed from the cultivation facility to protect end user health from products that present a risk of injury or gross deception, or otherwise are defective. If the facility manager is unsure of the need for withdrawal or recall or of the correct event classification, Accessible Options LLC general manager should be notified. The general manager may engage the services of an expert to assist the determination process. The facility manager must also notify Accessible Options LLC insurance company and determine coverage. If the event is covered, the facility manager must file all documentation necessary after the completion of the withdrawal or recall. The facility manager must notify Accessible Options LLC legal counsel and maintain communication with counsel throughout the withdrawal or recall procedures. Any recommendations by counsel for alternative procedures, must be approved by the general manager. Accessible Options LLC will begin execution of a withdrawal or recall immediately upon any request or mandate from any regulatory body with authority to do so. Product Tracking Accessible Options LLC product tracking procedures are critical to the withdrawal and recall process. The cultivation facility tracks finished products, work in progress, and packaging. Finished products include all products that have been partially or completely distributed from the cultivation facility. For such products, Accessible Options LLC will: 1. Assemble the personnel needed to conduct tracking of a finished product. 2. Identify the affected and any other potentially affected product(s), product code(s) and production date(s); 3. Determine the quantity of affected product(s) produced. 4. Determine from the inventory control system the last day of shipment and the customer for the affected product(s); 6.d Packet Pg. 346 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 34 5. Determine from the inventory control system all customers who purchased the affected product(s) in the period between the first day of packaging to the last day of shipment; and 6. Determine from the inventory control system the remaining quantity of the affected product(s) in the cultivation facility's inventory. Work in progress includes all products that have not been distributed, including, but not limited to, vegetative and flowering plants and cannabis in storage. For such products, Accessible Options LLC will: 1. Assemble the personnel needed to conduct tracking of a work-in-progress product. 2. Identify the affected and any other potentially affected product(s), product code(s) and cultivation date(s) from the cultivation records. 3. Determine from the inventory control system the quantity of the affected product(s) produced; and 4. Locate the affected product(s) from the cultivation area, storage areas, cooler(s), freezer(s), etc. Packaging includes all packaging material or containers used for work in progress or finished products. For such materials, AO will: 1. Identify the affected and any other potentially affected packaging material(s) and lot number(s), quality control code, and receiving date(s); 2. Determine from the facility record the quantity and the receiving date of the affected packaging material(s) received. 3. Based on the type and size of the packaging material, determine all the finished product(s) 1. associated with the affected packaging material(s). 4. Determine from the facility's records the period of use for the affected packaging material(s). 5. Given the affected period and product, determine from the inventory control system the quantity of the affected product(s) associated with the affected packaging material(s) in this period. 6. Determine from the facility's records and inventory control system the day the affected product(s) entered into the inventory. 7. Determine from the inventory control system the last day of shipment and the customer for the affected product(s); 8. Determine from the inventory control system all the customers who purchased the affected product(s) during the period from the first day of packaging to the last day of shipment. 9. Determine from the inventory control system the remaining quantity of the affected product(s) in the facility's inventory; and 10. Locate any remaining affected packaging material(s) from the storage shelves and cabinets. 6.d Packet Pg. 347 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 35 Executing a Withdrawal or Product Recall Upon a determination that a withdrawal or product recall will occur, the facility manager must alert the Quality Control Unit to ensure adequate resources are available for the severity of the issue. Thereafter, the facility manager, in conjunction with the Quality Control Unit, shall: 1. Gather all information collected in the tracking process. 2. Detain and segregate all products to be recalled or withdrawn that are in the facility's control and post a DO NOT DISTRIBUTE sign. 3. Complete the Withdrawal and Recall Log component of the Incident Report Form. 4. Send a Notification of Recall or Withdrawal to the affected customers. 5. Notify the Division within 24 hours. 6. Ensure the following information is accurately provided: a. Name and Product Code of the withdrawn or recalled product(s); b. Production date(s) of the withdrawn or recalled product(s); c. Reason for the withdrawal or recall. d. Quantity of withdrawn or recalled product(s) distributed. e. Quantity of withdrawn or recalled product(s) in inventory (for internal use only); and f. Area(s) of distribution and customers affected (for internal use only). 7. Coordinate and monitor the recovery of all affected product(s). Any product that must be picked up from a customer will be transported by AO employees in accordance with AO's Transportation Plan; 8. Conduct a reconciliation of the total quantity of recalled product and affected product in inventory against the total quantity produced. 9. Randomly remove and submit samples of recalled product(s) to an independent laboratory for testing as appropriate. 10. Collect testing results and discuss the results and corrective actions that may be required with the Division; and 11. The facility manager must prepare a Withdrawal and Recall Report. After completion of the investigation, Accessible Options LLC will conduct a post-withdrawal meeting for evaluation and report to all regulatory agencies the effectiveness and outcome of the recall. Mock Withdrawal and Recall Drills Required Mock recalls are used to determine whether the withdrawal and recall procedure can identify and quickly control a given lot of potentially affected product and reconcile the quantities produced, quantities in inventory, and quantities distributed. A mock withdrawal or recall will identify potential problems and allow personnel to become familiar with recall or withdrawal procedures. If problems are identified in the recall or withdrawal procedures, they will be corrected by the facility manager, and employees must be retrained on new procedures. The facility manager must carry out mock withdrawal or recall procedures at least annually by randomly selecting one cannabis product for withdrawal. The mock withdrawal will follow all regular procedures; however, no product should be removed from inventory or storage and the facility will not issue a press release. All clients involved in a mock withdrawal or recall must be 6.d Packet Pg. 348 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 36 notified immediately that it is a mock procedure. All corrective actions and deficiencies will be documented in a mock withdrawal and recall report to be submitted to the owners. Any corrective actions or deficiencies must be corrected by the facility manager and employees must be trained. 6.d Packet Pg. 349 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 350 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 351 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 352 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 40 The VARK will also include an instruction card to remind transporting agents of their responsibilities and tasks in the case of an accident. Instructions to the agents include the following: 1. Stop the vehicle safely. Turn flashers on. Don't put the team in danger. Watch out for traffic and hazards. Take reasonable steps to avoid further damage or injury; 2. If someone is injured, call 911; 3. Call the facility manager and follow his or her instructions. 4. Secure the vehicle. 5. Take photos of the following: a. All four (4) sides of each involved vehicle. b. Close-ups of damaged areas. c. Vehicle license plates. d. Roadway, skid marks, debris. e. Vehicle interiors. f. Entire scene; and g. Location of accident. 6. Have witnesses fill out cards. 7. Record any possible injuries to other party. 8. Summarize the accident on the report form, which is turned into the facility manager. The Lead Agent will report any loss or theft of cannabis, paraphernalia, edible cannabis product, or cannabis-infused product that occurs during the transportation to the facility manager as soon as any one of the delivery team becomes aware of the loss or theft. The facility manager must immediately report the loss or theft to the Chief Security Officer who will immediately document and report the loss or theft to the local law enforcement agency and the Division pursuant to state law and the cultivation facility's Security Policies and Procedures. If, for any reason, the Lead Agent or any member of the delivery team fears for an employee's personal safety due to a situation arising during transport, he or she will immediately contact the local law enforcement agency. Moving Violations If a transporting agent receives a ticket for moving or parking violations, the agent shall immediately notify the facility manager and provide the reason for the citation. The facility manager will notify the Chief Security Officer who will investigate the citation and notify the manager and agent of the outcome of that investigation. If the agent is found to be responsible for the citation, the agent shall be responsible for all fines and related expenses, such as, but not limited to, court costs, late fees, and legal defense. The transporting agent may be disciplined for the citation up to and including termination. Records Retention Any documents prepared pursuant to these policies and procedures will be retained for five (5) years from the date the document was prepared. All documents may be made available for 6.d Packet Pg. 353 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 41 inspection upon the request of an authorized representative of the Division or the local law enforcement agency. Transportation of Financial Instruments No owner, officer, or employee of Accessible Options LLC will transport financial instruments, including cash, at any time. Within 90 days of the issuance of a provisional cannabis establishment registration certificate by the Division, Accessible Options LLC will contract with a reputable armored car for secure transportation of financial instruments. Upon the execution of that contract, the Chief Security Officer will inform the Division and the local law enforcement agency of the name of Accessible Options LLC responsible for transporting cash and other financial instruments. Enforcement Any violation of the policies and procedures concerning transportation is a serious matter. A minor violation will be addressed with additional training, or the employee may lose his or her designation as a transporter, or both. Repeat, egregious, or felonious violations may result in immediate dismissal or criminal punishment or both. Trip Plan/Transportation Manifest The Lead agent will prepare a manifest and record the following information. 1. Name of Lead Agent. 2. Name, location, and license number of the originating facility. 3. Name, location, and license number of the destination location. 4. Documentation of cannabis quantities (in weight), potency data, and lot numbers associated with the respective packages: 5. Date and time of departure. 6. Date and estimated time of arrival. 7. Route to be traveled. 8. Vehicle make, model, license plate number. 9. Names, agent card numbers, and signatures of all company employees transporting product: After Return: 1. If the return route differs from the route recorded on the trip plan, record the return route: 2. The time of return to the facility 3. Before leaving the cultivation facility, the lead agent will contact the receiving facility and provide an estimated time of arrival. 4. The original trip plan must be left at the cultivation facility. A copy of the trip plan must accompany the delivery team. 5. After return, attach the copy to the original and file both at the cultivation facility. 6.d Packet Pg. 354 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 42 Inventory Management Inventory Methodology Accessible Options LLC will utilize the first in first out model of inventory management. This implies that the oldest inventory harvested is sold first. Facility management shall ensure that all employees are trained properly on the inventory method to ensure that the oldest products are being sold first. It is our intention to track the physical location of all Cannabis using Fishbowl and Metrc in real time. Once compatibility is confirmed with the City’s record-keeping systems the City will be provided access to that data at all times. Inventory Management The tracking of all commercial cannabis from seed-to-sale will be done through an advanced inventory control system with multiple checks and balances in place to allow our staff to have a complete awareness of all inventories including pre-packaged cannabis flowers and waste. All data collected shall be recorded using template log sheets in excel, inventory tracking and POS software Fishbowl, Metrc, and QuickBooks. Physical inventory counts will be done on a daily, weekly, and monthly basis. In addition to scheduled inventory checks, random audits will be performed. Inventory control procedures shall be utilized as the primary way of determining whether there has been any product diversion and ensuring that all commercial cannabis products are distributed to valid State of California approved cannabis distributors and labs. Physical inventory template log sheets will be completed each morning before the start of business and again at the closure of business. All inventory procedures shall be conducted in full compliance with City of San Bernardino MC Section 5.10.310. Data collected during daily, weekly, annual, and random inventory procedures shall be logged and input into excel workbooks, transferred via .csv file to Fishbowl and Metrc, and logged in QuickBooks through an intergraded application program interface or api. Inventory figures will be cross-referenced with the Fishbowl inventory and POS systems to determine that there are no discrepancies. In the case of a discrepancy, we will investigate the root cause of the discrepancy. If the discrepancy is due to employee theft or diversion, we will act to terminate employment and contact all necessary regulatory authorities within 24 hours for further action. All inventories, procedures, and other documents required by the City of San Bernardino shall be maintained on the premises for six years and made available to the City as requested. 6.d Packet Pg. 355 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) Accessible Options LLC | Patrick Girgis, Peter Girgis and Sofi Babayan City of San Bernardino: Application for Indoor Commercial Cannabis Cultivation Appendix A Accessible Options LLC: Application for Indoor Commercial Cannabis Cultivation - Appendix A 43 Business Plan Continued A schedule for beginning operation, including a narrative outlining any proposed construction and improvements and a timeline for completion. Included in Supplemental Attachment – Scope of Work A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three (3) months of operating costs, as well as a description of the sources and uses of funds. Included in Supplemental Attachment - Budget Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, Letters of Credit or other equivalent assets. Included in Supplemental Attachment - Proof of Capitalization A pro forma for at least three (3) years of operation. Included in Supplemental Attachment - Pro Forma Safety Plan Included in Supplemental Attachment – Safety Plan Accessible Options LLC safety plan describes fire prevention, suppression, HVAC and alarm systems the facility will have in place. All fire safety planning will be managed by a qualified fire prevention and suppression consultant. Accessible Options LLC plan considers all possible fire, hazardous material, and inhalation issues/threats and will have both written and physical mechanisms in place to deal with each specific situation. Security Plan Included in Confidential Supplemental Attachment – Security Plan Accessible Options LLC security plan layout and outline includes a description and detailed schematic of the overall facility security. Accessible Options LLC plan details operational security, including but not limited to general security policies for the facility, employee specific policies, training, sample written policies, transactional security, visitor security, 3rd party contractor security, and delivery security. Accessible Options plan addresses ingress and egress access, perimeter security, product security (at all hours), internal security measures for access (area specific), types of security systems (alarms and cameras), and security personnel to be employed. Accessible Options LLC plan also includes an assessment of site security by a qualified security consultant. 6.d Packet Pg. 356 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) SCOPE OF WORK City of San Bernardino Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC 151 N E St | San Bernardino, CA 92401 6.d Packet Pg. 357 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 358 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 359 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) PNR Builders, Inc Commercial & Residential Contracting Services ____________________________________________________________ 21226 Ventura Blvd Ste 250, Woodland Hills, CA. 91364 CSLB License # 1028148 July 14, 2021 Project address: 151 North E St, San Bernardino, CA. We greatly appreciate the opportunity to bid on the above mentioned project. The below scope of work is based on the provided plans by Architectural & Structural Plans by Permits Express dated 11/15/2020 and MEP's by Perfect Design & Investment dated 10/14/2019. Scope of Work:Tenant improvement of a 5220 sq ft warehouse building to a licensed cannabis cultivation facility. We anticipate that the time of completion will be approximately 6 months from the time we pull permits for the subject property. We are in the process of pulling permits from the City in the next week or two max. Your total project costs will be approximately $500,000.00 (Five Hundred Thousand Dollars). Since the project was on hold due to licensing matters, we are updating all of the material costs and will give you a breakdown of final figures shortly. Please let me know if you have any additional questions. Sincerely, Paul Homayoun Contractor 6.d Packet Pg. 360 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 361 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 362 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) APPENDIX ABUDGET City of San Bernardino Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC 151 N E St | San Bernardino, CA 92401 6.d Packet Pg. 363 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 364 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in APPENDIX APRO FORMA City of San Bernardino Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC 151 N E St | San Bernardino, CA 92401 6.d Packet Pg. 365 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) ACCESSIBLE OPTIONS LLC CULTIVATION Number of Lights 112 Pounds per Light 1.5 sq. ft.cost/sq ft/mon Annual Rent Rent 5,277 2.274019329 144,000 Trim Cost Per Pound 100 Annual Production Lights Pulled Per Month Pounds Per Light Pounds Per Month Pounds Per Year 48 1.5 72 864 Year 1 Year 2 Year 3 Price Per Pound 2,200.00$ 1,980.00$ 1,782.00$ Pounds Per Year 864.00 864.00 864.00 Revenue Flowers 1,900,800.00$ 1,710,720.00$ 1,539,648.00$ Pounds Per Year By Products 175.00 175.00 175.00 Price Per Pound 200.00 200.00 200.00 Revenue By Products 35,000.00$ 35,000.00$ 35,000.00$ Total Gross Revenue 1,935,800.00$ 1,745,720.00$ 1,574,648.00$ Electricity / Nutrients / Water 225,600.00 225,600.00 225,600.00 Rent 144,000.00 144,000.00 144,000.00 Trimmers 86,400.00 86,400.00 86,400.00 Other Growing Supplies 1,000.00 1,000.00 1,000.00 Cultivators 12,000.00 12,000.00 12,000.00 Distributor Fee (10%)190,080.00 171,072.00 153,964.80 Amortization of Cost to Build (Based on 600k)200,000.00 200,000.00 200,000.00 Owner Salaries (75% Based on 400k)300,000.00 300,000.00 300,000.00 Total COGS 1,159,080.00$ 1,140,072.00$ 1,122,964.80$ 6.d Packet Pg. 366 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Gross Profit 776,720.00$ 605,648.00$ 451,683.20$ Owner Salaries (25% Based on 400k)100,000.00 100,000.00 100,000.00 Administrative 50,000.00 50,000.00 50,000.00 Accounting 12,000.00 12,000.00 12,000.00 Legal 10,000.00 10,000.00 10,000.00 Security Monitoring 18,000.00 18,000.00 18,000.00 Internet 600.00 600.00 600.00 Office Supplies 1,200.00 1,200.00 1,200.00 Insurance 3,000.00 3,000.00 3,000.00 Tracking Software 7,500.00 7,500.00 7,500.00 Marketing 50,000.00 50,000.00 50,000.00 Licenses & Permits 4,800.00 4,800.00 4,800.00 Travel / Entertainment 12,000.00 12,000.00 12,000.00 Payroll & Bank Fees 600.00 600.00 600.00 Total Non COGS Expenses 269,700.00$ 269,700.00$ 269,700.00$ Profit Before Tax 507,020.00$ 335,948.00$ 181,983.20$ Federal Tax on Gross Profit 34%264,084.80 205,920.32 153,572.29 State Tax on Profit Before Tax 8.84%44,820.57 29,697.80 16,087.31 Net Profit After Including Amortization 198,114.63$ 100,329.88$ 12,323.60$ Annual Production Lights Pulled Per Month Pounds Per Light Pounds Per Month Pounds Per Year 48 2 96 1152 Year 1 Year 2 Year 3 Price Per Pound 2,200.00$ 1,980.00$ 1,782.00$ Pounds Per Year 1,152.00 1,152.00 1,152.00 6.d Packet Pg. 367 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Revenue Flowers 2,534,400.00$ 2,280,960.00$ 2,052,864.00$ Pounds Per Year By Products 233.00 233.00 233.00 Price Per Pound 200.00 200.00 200.00 Revenue By Products 46,600.00$ 46,600.00$ 46,600.00$ Total Gross Revenue 2,581,000.00$ 2,327,560.00$ 2,099,464.00$ Electricity / Nutrients / Water 225,600.00 225,600.00 225,600.00 Rent 144,000.00 144,000.00 144,000.00 Trimmers 115,200.00 115,200.00 115,200.00 Other Growing Supplies 1,000.00 1,000.00 1,000.00 Cultivators 12,000.00 12,000.00 12,000.00 Distributor Fee (10%)253,440.00 228,096.00 205,286.40 Amortization of Cost to Build (Based on 600k)200,000.00 200,000.00 200,000.00 Owner Salaries (75% Based on 400k)300,000.00 300,000.00 300,000.00 Total COGS 1,251,240.00$ 1,225,896.00$ 1,203,086.40$ Gross Profit 1,329,760.00$ 1,101,664.00$ 896,377.60$ Owner Salaries (25% Based on 400k)100,000.00 100,000.00 100,000.00 Administrative 50,000.00 50,000.00 50,000.00 Accounting 12,000.00 12,000.00 12,000.00 Legal 10,000.00 10,000.00 10,000.00 Security Monitoring 18,000.00 18,000.00 18,000.00 Internet 600.00 600.00 600.00 Office Supplies 1,200.00 1,200.00 1,200.00 Insurance 3,000.00 3,000.00 3,000.00 Tracking Software 7,500.00 7,500.00 7,500.00 Marketing 50,000.00 50,000.00 50,000.00 Licenses & Permits 4,800.00 4,800.00 4,800.00 Travel / Entertainment 12,000.00 12,000.00 12,000.00 6.d Packet Pg. 368 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Payroll & Bank Fees 600.00 600.00 600.00 Total Non COGS Expenses 269,700.00$ 269,700.00$ 269,700.00$ Profit Before Tax 1,060,060.00$ 831,964.00$ 626,677.60$ Federal Tax on Gross Profit 34%452,118.40 374,565.76 304,768.38 State Tax on Profit Before Tax 8.84%93,709.30 73,545.62 55,398.30 Net Profit After Including Amortization 514,232.30$ 383,852.62$ 266,510.92$ 6.d Packet Pg. 369 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in SITE PLAN City of San Bernardino Application for Indoor Commercial Cannabis Cultivation Accessible Options LLC 151 N E St | San Bernardino, CA 92401 INCLUDES: FLOOR PLANS AND ELEVATIONS 6.d Packet Pg. 370 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 371 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 372 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership 6.d Packet Pg. 373 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership (Ward 1 & 3)) 6.d Packet Pg. 374 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership 6.d Packet Pg. 375 Attachment: Attachment 4 - CCB 21-0003 (8569 : Request to Amend CCB Permits to Provide Change in Location/Ownership From:crystal_Rubalcava@dailyjournal.com To:Stephanie Sanchez Subject:Confirmation of Order 3513586 for NOTICE OF PUBLIC HEARING COMMERCIAL CANNABIS BUSINESS (CCB) PERMIT 21-0001 Date:Monday, September 20, 2021 8:45:31 AM Caution - This email originated from outside the City - Verify that the Email display name and Email address are consistent. - Use caution when opening attachments. Dear Customer: The order listed below has been received and processed. If you have any questions regarding this order, please contact your ad coordinator or the phone number listed below. Customer Account Number: 119945 Type of Notice : HRGSB - NOTICE OF HEARING-SB Ad Description : NOTICE OF PUBLIC HEARING COMMERCIAL CANNABIS BUSINESS (CCB) PERMIT 21-0001 Our Order Number : 3513586 Newspaper : SAN BERNARDINO COUNTY SUN Publication Date(s) : 09/24/2021 Thank you. CRYSTAL RUBALCAVA DAILY JOURNAL CORPORATION CALIFORNIA NEWSPAPER SERVICE BUREAU Phone: (800) 788 7840 / (213)229-5300 Fax: (800) 540 4089 / (213)229-5481 6.e Packet Pg. 376 Attachment: Attachment 5 - Confirmation of Publication in The Sun (8569 : Request to Amend CCB Permits to Provide Change in Page 1 Public Hearing City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Public Hearing on Summary of Redistricting Law, Criteria, 2020 Census, and Process (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1. Receive and file the staff report and presentation; 2. Conduct a Public Hearing to obtain public input and provide direction on the criteria to be considered while drafting district maps including identifying communities of interest; and 3. Authorize staff to conduct a portion of the twenty-one public input workshops virtually Background There are several federal, state, and local laws that govern the redistricting process that include: the City of San Bernardino City Charter and Municipal Code, the U.S. Constitution, the Federal Voting Rights Act of 1965, the State of California El ections Code, the State of California Constitution, as well as federal and state case law. San Bernardino City Charter and Municipal Code Several sections of the City Charter relate to the redistricting process, including the following: • City Charter Article III: City Council and Mayor Section 301. Composition, Eligibility, and Terms • City Charter Article VIII: Elections Section 801. Elective Officers; Terms Section 802. Number of Wards Section 803. Adjustment of Ward Boundaries The section of the San Bernardino Municipal Code that will be amended to adopt the new Ward boundary descriptions in what is referred to as the “metes and bounds” 7 Packet Pg. 377 8560 Page 2 format, otherwise known as the legal description, is found here: • Municipal Code Chapter 1.16 Boundaries of the Wards Federal and State Laws Several important federal and state legal criteria govern the redistricting process: • Equal Population Principle - Wards must contain, as nearly as practicable, equal portions of the total population of the City of San Bern ardino. This principle is established in the State of California Elections Code, as well as in the United States Supreme Court’s “One-Person, One-Vote” decisions. The City Council must make a good faith effort to draw wards with equal population. Exact equality is not required for local wards if the deviation is justified by legitimate state purposes. For local jurisdictions like the City of San Bernardino, an overall deviation of less than 10 percent is presumptively valid. Deviations should be explained on traditional redistricting criteria as explained below. Deviations should also not seek to disadvantage any particular group and show a good faith effort. In order to measure population equality and deviation, start with the City’s total population and divide by seven to determine the ideal equal population of the seven Council Wards, which is 31,884 residents per ward. Next, determine the deviation percentage of each ward from the ideal population. And last, determine total percent deviation, that is the difference between the district with the greatest positive and negative percent deviations which should total less than 10 percent. Under the current Ward map, the total percent deviation is 18.3 percent and will require changes (see Attachment 2). Legal Authorities - U.S. Constitution, Supreme Court Case law including Reynolds v. Sims, Gaffney V. Cummings, Larios v. Cox, and Harris v. Arizona Independent Redistricting Commission • Traditional Redistricting Criteria - Federal, state and city law have established several traditional redistricting criteria all of which shall be considered to the extent feasible when drawing ward lines: o Contiguity - all parts of a ward should connect o Compactness - wards should be geographically compact. There are many ways to measure compactness, and the Council should be aware of appearance, shape, and border lines when creating wards o Existing Boundaries - wards should utilize boundaries such as geographic, street, and political boundaries o Communities of Interest - wards should preserve neighborhoods and communities of people sharing common interests. The concept of 7 Packet Pg. 378 8560 Page 3 protecting communities of interest is to draw boundaries in a manner that preserves communities that share common interests and that should be included within a single ward for purposes of their effective and fair representation. There are many types of common interests that may identify a community of interest. For example, communities may share common housing patterns: urban, rural or suburban. Com munities may share a common culture or language. Communities may be defined by their neighborhood or by the location of cultural, religious or educational institutions. Communities may also be defined by the location of geographic boundaries or features, such as parks, lakes, mountains or freeways. Certain public services, like public schools, public transit, and public safety may also help define a community. The City will obtain public testimony and consider census data, City neighborhood and planning information, and other information to help identify Communities of Interest. Legal Authorities - Case law, California Constitution Article XXI, Section 2; California Elections Code Section 21621 • U.S. Constitution’s Equal Protection Clause - The United States Supreme Court has held that race cannot be used as the predominant factor in drawing ward lines such that traditional redistricting criteria are subordinated to considerations of race. The 14th Amendment’s Equal Protection Clause does not, however, prohibit all consideration of race. The City may consider race as a factor along with traditional race-neutral redistricting criteria, and consideration of traditional criteria should not be subordinated to consideration of race and should be contemporaneous. If there is evidence that the City used race as a predominant factor, whether through direct testimony and Council deliberations, or in circumstantial evidence (e.g. demographics, shape, changes, process, public record), then the Court will apply strict scrutiny to the redistricting plan, and the City must justify that the use of race is: 1) based or needed due to a compelling state interest; 2) the plan must be narrowly tailored to that interest; and 3) legal muster is a very high burden. Legal Authorities - U.S. Constitution; Supreme Court case law including Shaw v. Reno, Miller v. Johnson, Bush v. Vera, Cromartie I & II, Copper v. Harris • Voting Rights Act of 1965 - The Voting Rights Act prohibits voting practices which result in a denial or abridgem ent of the right to vote on account of race, color, or language minority status. Redistricting plans must be analyzed under the Voting Rights Act to ensure they do not deprive minority voters of an equal opportunity to elect representatives of their choice in violation of the Act. Section 2 of the Voting Rights Act prohibits any voting practice or procedure that “results in a denial or abridgement” of the right to vote based on race, color, or language minority status. The federal VRA applies to prohibit r edistricting plans that result in “vote dilution” by depriving minority voters of an equal opportunity to 7 Packet Pg. 379 8560 Page 4 elect a candidate of their choice (i.e., must not unlawfully minimize or cancel minority voting strength). Discriminatory effect is sufficient to show a violation of the federal VRA, and discriminatory intent is not required. The U.S. Supreme Court has set three preconditions to Section 2 liability under the federal VRA, also referred to as the “Gingles” criteria - 1) the minority group must be sufficiently large and geographically compact to constitute a majority in a district; 2) the minority group must be politically cohesive; and 3) the majority votes sufficiently as a bloc to enable it usually to defeat the minority’s preferred candidate. Legal Authorities - Section 2 of the Voting Rights Act; Thornburg v. Gingles Summary Listed below are the key principles to keep in mind throughout the process: • Strive for Population Equality o Make a good faith effort to draw wards equal in population o Justify any deviations with use of traditional redistricting criteria • Focus on Traditional Redistricting Criteria o Draw contiguous and compact wards o Respect boundaries, neighborhoods, and communities of interest o Obtain public testimony, neighborhood/community information, and make a good record • Do not Use Race as the Predominant Factor o Focus on traditional race-neutral criteria • Comply with the Voting Rights Act o Avoid fracturing or packing minority voters • Establish and Follow a Good Process Discussion Every ten years, local governments use new census data (see Attachment 2) to redraw their ward/district lines to reflect how local populations have changed. Assembly Bill 849 (2019), also known as the California FAIR MAPS Act, requires cities a nd counties to engage communities in the redistricting process by holding public hearings and/or workshops and doing public outreach. Based on this same law, the City of San Bernardino must finish the 2021 redistricting process by December 15, 2021. Below is the current working timeline: Summary of Redistricting Law, Criteria, and Process - 2020 Census Presentation Pre-Draft Map Public Hearing October 6, 2021 - 8pm 7 Packet Pg. 380 8560 Page 5 Feldheym Central Library 555 W. 6th Street PUBLIC WORKSHOPS/HEARINGS Ward 1 October 12, 2021 - 6pm Feldheym Central Library 555 W. 6th Street Ward 2 October 14, 2021 - 6pm TBD Ward 4 October 16, 2021 - 10am Lutheran Church of Our Savior 5050 N. Sierra Way Ward 6 October 18, 2021 - 6pm Delmann Heights Park 2969 N. Flores Street Ward 3 October 21, 2021 - 6pm Lytle Creek Community Center 380 S. K Street Ward 7 October 23, 2021 - 10am Cathedral of Praise 3030 Del Rosa Ave. Ward 5 October 24, 2021 - 6pm Shandin Hills Golf Club 3380 Little Mountain Drive Presentation and Adoption of Draft Council Ward Boundaries Map Pre-Final Map Public Hearing November 3, 2021 - 8pm Feldheym Central Library 555 W. 6th Street PRE-FINAL MAP PUBLIC HEARINGS Ward 4 7 Packet Pg. 381 8560 Page 6 November 6, 2021 - 10am Lutheran Church of Our Savior 5050 N. Sierra Way November 7, 2021 TBD Ward 5 November 11, 2021 -6pm Shandin Hills Golf Club 3380 Little Mountain Drive Ward 1 November 12, 2021 - 6pm Feldheym Central Library 555 W. 6th Street Ward 3 November 13, 2021 TBD November 14, 2021 TBD Ward 2 November 15, 2021 - 6pm TBD Ward 7 November 20, 2021 - 10am Cathedral of Praise 3030 Del Rosa Ave. November 21, 2021 TBD Ward 6 November 22, 2021 - 6pm Delmann Heights Park 2969 N. Flores Street Presentation and Adoption of Final Council Ward - Boundaries Map (First Reading) December 1, 2021 - 8pm Feldheym Central Library 555 W. 6th Street Presentation and Adoption of Final Council Ward - Boundaries Map (Second Reading) 7 Packet Pg. 382 8560 Page 7 December 15, 2021 - 8pm Feldheym Central Library 555 W. 6th Street To accommodate the residents and community stakeholders that are unable to attend the in-person public input workshops due to time constraints and to help in mitigating the Covid-19 pandemic concerns, staff is requesting that the Mayor and City Council authorize a portion of the twenty-one workshops to be held virtually. Of the twenty-one total workshops the Mayor and City Council previously requested, there would be seven in-person workshops prior to the first drafting of the maps, and the fourteen (14) scheduled prior to the adoption of the final maps would be a combination of virtual and in-person meetings. The virtual meetings will follow the same process as the in -person meetings. 2020-2025 Key Strategic Targets and Goals Receiving and Filing report and presentation for the Redistricting Law, Criteria, 2020 Census, and Process aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan. Fiscal Impact The Mayor and City Council approved funding for the redistricting process in the adoption of the FY 2021/22 budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following actions: 1. Receive and file the staff report and presentation; 2. Conduct a Public Hearing to obtain public input and provide direction on the criteria to be considered while drafting district maps including identifying communities of interest; and 3. Authorize staff to conduct a portion of the twenty -one public input workshops virtually. Attachments Attachment 1 Redistricting Presentation (Oct. 6, 2021) Attachment 2 City of San Bernardino Demographic Profile (Sept. 27, 2021) Attachment 3 Excerpt from City Charter, Article 3, Section 301 Attachment 4 Excerpt from City Charter, Article 8, Sections 801-803 Attachment 5 Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 Attachment 6 English and Spanish Public Hearing Notice Synopsis of Previous Council Actions: 7 Packet Pg. 383 8560 Page 8 February 17, 2021 The Mayor and City Council directed staff to proceed with establishing an Electoral Redistricting Advisory Committee consisting of seven members with one resident from each ward. April 7, 2021 The Mayor and City Council Adopted Resolution No. 2021-70 of the Mayor and City Council of the City of San Bernardino, California, establishing the Electoral Redistricting Advisory Committee July 21, 2021 Adopted Resolution No. 2021-193 authorizing the City Manager to execute a Professional Services Agreement with Bear Demographics and Research for Demography, Communications and Outreach Services for electoral redistricting following the 2020 U.S. Census. 7 Packet Pg. 384 Summary of Redistricting Law, Criteria, 2020 Census, and Process 2021 City Council Redistricting Process October 6, 2021 1 7.a Packet Pg. 385 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Overview of Redistricting Laws •San Bernardino City Charter and Municipal Code •U.S. Constitution •Federal Voting Rights Act •California Elections Code •California Constitution •Case Law 2 7.a Packet Pg. 386 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing San Bernardino Charter and Municipal Code •City Charter Article III: City Council and Mayor Section 301. Composition, Eligibility, and Terms •City Charter Article VIII: Elections Section 801. Elective Officers; Terms Section 802. Number of Wards Section 803. Adjustment of Ward Boundaries •Municipal Code Chapter 1.16 Boundaries of the Wards 3 7.a Packet Pg. 387 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Population Principle •General Principle: City Council Wards must be substantially equal in population •U.S. Constitution's Equal Protection Clause and “One-Person, One-Vote” Jurisprudence •California Elections Code Section 21621 (“substantially equal” in “total population” as required by the U.S. Constitution) 4 7.a Packet Pg. 388 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Population Principle •Make good faith effort to draw wards with equal population •Exact equality is not required for local wards if deviation is justified by legitimate state purposes •Deviation of less that 10 percent is presumptively valid •Only if for legitimate reasons •Deviations should be explained on traditional redistricting criteria of other lawful justifications •Legal Authorities –U.S. Constitution, Supreme Court Case Law including Reynolds v. Sims, Gaffney v. Cummings, Larios v. Cox, Harris v. Arizona Independent Redistricting Commission 5 7.a Packet Pg. 389 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Population Principle •Deviations from equal population should be justified •Show consistent reliance on traditional redistricting criteria (e.g., respecting neighborhoods and communities of interest, observing natural and other boundaries, maintaining compact wards) •Do not seek to disadvantage any particular group •Show good faith effort 6 7.a Packet Pg. 390 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Population Principle •Measuring Population Equality and Deviation •Start with City’s total population •Determine ideal equal population of the 7 Council Wards •Determine percent deviation from ideal of each ward •Determine total percent deviation –difference between the wards with the greatest positive and negative percent deviations 7 7.a Packet Pg. 391 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Population Principle Ward Total Population Ideal Population Percent Deviation 1 19,200 20,000 -4.0 2 19,500 20,000 -2.5 3 20,300 20,000 +1.5 4 20,200 20,000 +1.0 5 20,000 20,000 0.0 6 20,500 20,000 +2.5 7 20,300 20,000 +1.5 •Example of a City with a population of 140,000 and 7 City Council Wards •Total Percent Deviation = 6.5% 8 7.a Packet Pg. 392 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Traditional Redistricting Criteria •Focus on traditional redistricting criteria •Contiguity •Compactness •Natural Boundaries and Streets •Neighborhood and Communities of Interest •Legal Authorities –Case Law, California Constitution Article XXI, Section 2; California Elections Code Section 21621 9 7.a Packet Pg. 393 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Traditional Redistricting Criteria •Contiguity –all parts of ward should connect •Compactness –ward should be geographically compact •Many ways to measure compactness •Be aware of appearance, shape, and border lines •Existing boundaries –observe existing boundaries •Geographic, topographic boundaries •Streets, Freeways •Other Boundaries 10 7.a Packet Pg. 394 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Traditional Redistricting Criteria •Neighborhoods and Communities of Interest –preserve communities sharing common interests •Neighborhoods •Example of Common Interests •Land Use patterns (suburban, industrial, commercial) •Cultural and Language characteristics •Income Level •Educational Background; Employment and Economic patterns •Crime, schools, other common issues •Obtain public testimony and consider census data, City neighborhood information, planning information, etc. 11 7.a Packet Pg. 395 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Protection Clause •14th Amendment’s Equal Protection Clause prohibits the use of race as the predominant factor in redistricting except in narrow cases •race generally cannot be “predominant” factor •i.e., no racial gerrymandering •Legal Authorities –U.S. Constitution; Supreme Court Case law including Shaw v. Reno, Miller v. Johnson, Bush v. Vera, Cromartie I & II, Alabama Legislative Black Caucus, Cooper v. Harris, Bethune-Hill 12 7.a Packet Pg. 396 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Protection Clause •14th Amendment’s Equal Protection Clause does not, however, prohibit all consideration of race •May consider race as a factor along with traditional race-neutral redistricting criteria •Consideration of traditional criteria should not be subordinated to consideration of race and should be contemporaneous 13 7.a Packet Pg. 397 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Equal Protection Clause •Evidence of race as a predominant factor: •Direct testimony •Circumstantial evidence (demographics, shape, changes, process, public record) •If race determined to be predominant factor, strict scrutiny applies to redistricting plan •Need compelling state interest •Plan must be narrowly tailored •High burden 14 7.a Packet Pg. 398 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Federal Voting Rights Act •Section 2 of the Voting Rights Act of 1965 •Prohibits any voting practice or procedure that “results in a denial or abridgement” of the right to vote based on race, color, or language minority status •Applies to prohibit redistricting plans that result in “vote dilution” by depriving minority voters of an equal opportunity to elect a candidate of their choice •i.e., must not unlawfully minimize or cancel minority voting strength •Discriminatory effect sufficient, discriminatory intent not required 15 7.a Packet Pg. 399 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing •Examples of “Vote Dilution” •Fracturing –dispersing minority voters into several different wards such that a bloc-voting majority can routinely outvote them •Packing –concentrating minority voters into a small number of wards and thereby minimizing their influence in other wards Federal Voting Rights Act 16 7.a Packet Pg. 400 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Federal Voting Rights Act •The Supreme Court has set three preconditions to Section 2 liability under the federal VRA (the “Gingles” criteria) •The minority group harmed must be sufficiently large and geographically compact to constitute a majority in a ward •The minority group must be politically cohesive; and •The majority votes sufficiently as a bloc to enable it usually to defeat the minority’s preferred candidate •Legal Authorities –Section 2 of the Voting Rights Act; Thornburg v. Gingles 17 7.a Packet Pg. 401 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing Summary of Law and Criteria•Key Principles to Keep in Mind •Strive for Population Equality •Make a good faith effort to draw wards equal in population •Justify any deviations with use of traditional redistricting criteria •Focus on Traditional Redistricting Criteria •Draw contiguous and compact wards •Respect boundaries, neighborhoods, and communities of interest •Obtain public testimony, neighborhood/community information, and make a good record •Do not Use Race as the Predominant Factor •Focus on traditional race-neutral criteria •Comply with the Voting Rights Act •Avoid fracturing or packing minority voters •Establish and Follow a Good Process 18 7.a Packet Pg. 402 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing 2020 Demographic Profile 19 Ward 1 2 3 4 5 6 7 Total Total Population (Pop) 2020 Adjusted 29,038 32,271 31,103 34,876 32,699 30,713 32,489 223,190 Deviation (2,846) -8.93%387 1.21%(781) -2.45%2,992 9.38%815 2.56%(1,171) -3.67%605 1.90% Latino 22,401 77.6%23,830 74.3%23,181 74.8%18,618 53.6%17,619 54.1%24,562 80.4%21,391 66.2%151,602 68.3% White 1,831 6.3%3,111 9.7%2,496 8.1%8,231 23.7%6,820 20.9%1,187 3.9%5,104 15.8%28,779 13.0% Black 3,267 11.3%4,092 12.8%1,939 6.3%5,499 15.8%5,254 16.1%3,607 11.8%4,271 13.2%27,929 12.6% American Indian 129 0.4%188 0.6%138 0.4%381 1.1%236 0.7%113 0.4%285 0.9%1,470 0.7% Asian 991 3.4%612 1.9%2,891 9.3%1,347 3.9%2,081 6.4%796 2.6%702 2.2%9,420 4.2% Hawaiian, Pacific Islander 70 0.2%96 0.3%113 0.4%166 0.5%88 0.3%148 0.5%181 0.6%862 0.4% Other Race 152 0.5%161 0.5%195 0.6%354 1.0%293 0.9%115 0.4%242 0.7%1,512 0.7% Multi Minority Race 198 0.7%181 0.6%150 0.5%280 0.8%308 0.9%185 0.6%313 1.0%1,615 0.7% 7.a Packet Pg. 403 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing 20 2021-22 Redistricting Timeline•Summary of Redistricting Law, Criteria, and Process 2020 Census Presentation Pre-Draft Map Public Hearing October 6, 2021 @ 8pm •Public Workshops/Hearings October 12-24, 2021 •Presentation and Adoption of Draft City Council Member Ward Boundaries Map Pre-Final Map Public Hearing November 3, 2021 @ 8pm •Pre-Final Map Public Hearings November 6-22, 2021 •Presentation and Adoption of Final City Council Member Ward Boundaries Map (First Reading) December 1, 2021 @ 8pm •Presentation and Adoption of Final City Council Member Ward Boundaries Map (Second Reading) December 15, 2021 @ 8pm 7.a Packet Pg. 404 Attachment: Attachment 1: Redistricting Presentation (Oct. 6, 2021) (8560 : Public Hearing City of San BernardinoDemographic ProfileWard1234567TotalTotal Population (Pop) 2020 Adjusted 29,038 32,271 31,103 34,876 32,699 30,713 32,489 223,190 Deviation (2,846) 387 (781) 2,992 815 (1,171) 605 % Deviation‐8.9% 1.2%‐2.4% 9.4% 2.6%‐3.7% 1.9%Latino 77.6% 74.3% 74.8% 53.6% 54.1% 80.4% 66.2% 68.3%White 6.3% 9.7% 8.1% 23.7% 20.9% 3.9% 15.8% 13.0%Black11.3% 12.8% 6.3% 15.8% 16.1% 11.8% 13.2% 12.6%American Indian 0.4% 0.6% 0.4% 1.1% 0.7% 0.4% 0.9% 0.7%Asian 3.4% 1.9% 9.3% 3.9% 6.4% 2.6% 2.2% 4.2%Hawaiian, Pacific Islander0.2% 0.3% 0.4% 0.5% 0.3% 0.5% 0.6% 0.4%Other Race 0.5% 0.5% 0.6% 1.0% 0.9% 0.4% 0.7% 0.7%Multi Minority Race0.7% 0.6% 0.5% 0.8% 0.9% 0.6% 1.0% 0.7%Voting Age Population (VAP) 2020 Adjusted 20,268 22,545 22,464 26,227 24,504 21,445 23,238 160,691 Latino 75.0% 70.9% 72.0% 48.7% 50.5% 78.1% 62.3% 64.5%White 7.9% 12.3% 9.6% 28.3% 23.7% 4.6% 19.4% 15.7%Black11.9% 13.6% 6.5% 15.8% 16.1% 13.3% 13.4% 13.1%American Indian 0.5% 0.6% 0.5% 1.2% 0.8% 0.4% 1.0% 0.7%Asian 4.1% 2.2% 10.5% 4.4% 7.4% 2.9% 2.5% 4.9%Hawaiian, Pacific Islander0.3% 0.3% 0.4% 0.5% 0.2% 0.4% 0.6% 0.4%Other Race 0.5% 0.4% 0.6% 1.0% 1.0% 0.5% 0.7% 0.7%Multi Minority Race0.7% 0.5% 0.4% 0.6% 0.8% 0.6% 0.8% 0.6%Total Population (Pop) 2020 Census 28,869 32,079 30,977 34,716 32,581 30,545 32,334 222,101 Latino 77.3% 74.0% 74.6% 53.5% 53.9% 80.2% 66.0% 68.0%White 6.3% 9.6% 8.0% 23.6% 20.9% 3.8% 15.7% 12.9%Black11.1% 12.5% 6.1% 15.6% 16.0% 11.5% 13.0% 12.4%American Indian 0.4% 0.6% 0.4% 1.1% 0.7% 0.4% 0.9% 0.7%Asian 3.4% 1.9% 9.3% 3.9% 6.4% 2.6% 2.2% 4.2%Hawaiian, Pacific Islander0.2% 0.3% 0.4% 0.5% 0.3% 0.5% 0.6% 0.4%Other Race 0.5% 0.5% 0.6% 1.0% 0.9% 0.4% 0.7% 0.7%Multi Minority Race0.7% 0.6% 0.5% 0.8% 0.9% 0.6% 1.0% 0.7%Voting Age Population (VAP) 2020 Census 20,099 22,353 22,337 26,067 24,386 21,276 23,083 159,602 Latino 74.6% 70.5% 71.7% 48.5% 50.3% 77.8% 62.0% 64.2%White 7.8% 12.2% 9.5% 28.2% 23.6% 4.6% 19.3% 15.6%Black11.6% 13.3% 6.3% 15.5% 15.9% 12.9% 13.1% 12.8%American Indian 0.5% 0.6% 0.5% 1.2% 0.8% 0.4% 1.0% 0.7%Asian 4.1% 2.2% 10.5% 4.4% 7.4% 2.9% 2.5% 4.9%Hawaiian, Pacific Islander0.3% 0.3% 0.4% 0.5% 0.2% 0.4% 0.6% 0.4%Other Race 0.5% 0.4% 0.6% 1.0% 1.0% 0.4% 0.7% 0.7%Multi Minority Race0.7% 0.5% 0.4% 0.6% 0.8% 0.6% 0.8% 0.6%2020 Adjusted Data2020 Census Redistricting Data9/27/20211 of 107.bPacket Pg. 405Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalCitizen Voting Age Population (CVAP) 2019 13,643 15,606 14,228 25,139 20,257 15,607 17,731 122,211 Latino 61.4% 56.5% 65.3% 40.1% 48.8% 63.2% 53.5% 53.8%White 14.2% 20.4% 13.4% 33.1% 26.6% 7.0% 23.4% 21.2%Black19.1% 18.5% 11.0% 19.7% 17.0% 24.0% 18.4% 18.4%Asian 4.3% 2.0% 9.6% 3.0% 4.9% 4.6% 2.8% 4.3%All Other1.0% 2.6% 0.7% 4.1% 2.8% 1.0% 1.9% 2.2%Total Population (By Age and Gender) 27,678 30,169 26,369 36,636 31,188 31,499 31,020 214,560 Male 49.8% 50.2% 47.3% 53.1% 48.3% 49.3% 48.7% 49.7%Female 50.2% 49.8% 52.7% 46.9% 51.7% 50.7% 51.3% 50.3%Under 5 years 9.1% 8.0% 6.8% 8.1% 7.1% 8.3% 9.0% 8.1% Male 4.5% 3.9% 3.1% 4.8% 4.2% 3.6% 4.6% 4.1% Female 4.6% 4.1% 3.7% 3.3% 2.9% 4.7% 4.4% 3.9%5 to 17 years 22.4% 24.4% 21.8% 16.4% 21.0% 23.4% 22.2% 21.5% Male 10.1% 13.4% 9.8% 8.9% 9.9% 12.7% 11.3% 10.8% Female 12.3% 11.0% 12.0% 7.6% 11.1% 10.7% 10.9% 10.7%18 to 65 years 57.9% 59.2% 62.2% 64.5% 65.1% 59.2% 60.4% 61.3% Male 30.7% 29.6% 30.3% 34.3% 31.4% 29.1% 29.3% 30.8% Female 27.3% 29.6% 31.9% 30.2% 33.6% 30.1% 31.1% 30.6%65 years and over10.5% 8.4% 9.1% 11.0% 6.9% 9.2% 8.4% 9.1% Male 4.6% 3.3% 4.0% 5.2% 2.8% 3.9% 3.4% 3.9% Female 5.9% 5.1% 5.1% 5.8% 4.0% 5.2% 5.0% 5.2%Total Households (By Household Income) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Less than $10,000 9.2% 8.9% 6.1% 5.6% 6.7% 6.6% 8.8% 7.4% $10,000 to $14,999 12.7% 9.7% 7.7% 5.4% 5.7% 6.7% 7.9% 7.8% $15,000 to $24,999 18.9% 14.9% 11.6% 10.9% 7.3% 8.9% 9.6% 11.6% $25,000 to $34,999 13.9% 14.9% 10.8% 11.0% 5.5% 12.3% 11.0% 11.2% $35,000 to $49,999 15.8% 19.2% 14.5% 13.3% 14.1% 17.1% 15.9% 15.6% $50,000 to $74,999 14.7% 16.0% 19.5% 18.6% 13.3% 22.3% 18.5% 17.5% $75,000 to $99,999 7.4% 8.9% 13.4% 12.7% 18.6% 12.9% 11.8% 12.4% $100,000 to $149,999 5.2% 5.3% 10.6% 13.5% 18.9% 8.8% 11.3% 10.8% $150,000 to $199,999 1.4% 0.8% 3.4% 4.8% 7.5% 2.9% 3.8% 3.6% $200,000 or more 0.8% 1.4% 2.4% 4.3% 2.6% 1.6% 1.3% 2.1%Population 25 years and over (By Education Level) 16,146 16,625 15,821 23,516 17,150 17,803 18,118 125,180 Less than 9th grade20.7% 16.6% 16.0% 8.5% 3.5% 16.5% 9.6% 12.7% 9th to 12th grade, no diploma22.9% 24.0% 18.1% 15.7% 9.8% 21.6% 16.3% 18.1% High school graduate (includes equivalency)28.5% 29.4% 26.9% 29.3% 27.7% 30.3% 34.0% 29.5% Some college, no degree18.1% 19.0% 18.6% 25.6% 27.1% 18.8% 22.2% 21.6% Associate degree3.5% 5.4% 5.6% 7.4% 10.2% 4.8% 6.1% 6.2% Bachelor's degree4.7% 3.9% 10.8% 8.9% 14.2% 6.3% 8.2% 8.2% Graduate or professional degree1.6% 1.8% 4.0% 4.7% 7.6% 1.6% 3.4% 3.6%2019 ACS CVAP Tabulation2019 ACS Reformatted Tables ‐Block Group Tabulation9/27/20212 of 107.bPacket Pg. 406Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalPopulation 15 years and over (By Marital Status) 20,156 22,091 20,174 28,873 23,937 23,174 23,068 161,472 Never married 46.5% 48.7% 41.5% 47.5% 44.9% 43.1% 46.5% 45.6% Now married, except separated34.5% 32.8% 41.9% 34.5% 39.0% 40.7% 34.8% 36.8% Separated 3.7% 4.3% 2.5% 3.2% 2.1% 3.6% 3.5% 3.3% Widowed 6.1% 5.6% 4.8% 4.9% 3.6% 5.3% 3.6% 4.8% Female 3.7% 4.3% 3.9% 4.1% 3.1% 4.2% 3.0% 3.8% Divorced 9.2% 8.6% 9.4% 9.9% 10.3% 7.3% 11.7% 9.5% Female 5.7% 4.8% 5.0% 4.4% 7.2% 4.3% 6.7% 5.4%Total Housing Units (By Occupancy Status) 8,598 8,789 7,999 10,341 9,601 7,874 9,776 62,977 Occupied 89.9% 93.2% 90.4% 93.1% 95.7% 95.1% 94.5% 93.2%Owner occupied 27.4% 29.6% 49.0% 51.9% 55.1% 59.9% 43.4% 45.3%Renter occupied 62.5% 63.6% 41.5% 41.2% 40.6% 35.2% 51.1% 48.0%Vacant 10.1% 6.8% 9.6% 6.9% 4.3% 4.9% 5.5% 6.8%Occupied Housing Units (Overcrowding by Tenure) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Overcrowded 12.7% 14.4% 11.4% 9.3% 6.6% 15.5% 8.0% 10.9%Severely Overcrowded7.3% 5.4% 5.6% 3.1% 2.0% 5.1% 3.3% 4.4%Owner Occupied 30.5% 31.8% 54.1% 55.7% 57.6% 63.0% 45.9% 48.5%Overcrowded 4.1% 2.5% 4.9% 3.2% 2.6% 7.6% 1.9% 3.7%Severely Overcrowded2.0% 0.4% 1.6% 0.8% 0.8% 2.4% 1.2% 1.3%Renter Occupied 69.5% 68.2% 45.9% 44.3% 42.4% 37.0% 54.1% 51.5%Overcrowded 8.5% 11.9% 6.5% 6.1% 4.0% 7.9% 6.2% 7.2%Severely Overcrowded5.2% 4.9% 4.0% 2.3% 1.2% 2.6% 2.1% 3.1%Population 16 years and over (By Employment Status) 19,674 21,635 19,692 28,494 23,400 22,588 22,445 157,928 In labor force: 53.3% 55.0% 60.0% 52.5% 67.9% 61.4% 63.3% 59.0% Civilian labor force:53.3% 55.0% 59.9% 52.4% 67.8% 61.4% 63.3% 58.9% Employed 47.3% 49.8% 56.2% 48.4% 61.2% 55.4% 56.6% 53.5% Unemployed 6.0% 5.2% 3.7% 4.1% 6.5% 6.0% 6.7% 5.4% Armed Forces 0.0% 0.0% 0.1% 0.0% 0.1% 0.1% 0.0% 0.0%Not in labor force46.7% 45.0% 40.0% 47.5% 32.1% 38.6% 36.7% 41.0%Occupied housing units (Structure Type by Tenure) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Owner‐occupied housing units:30.5% 31.8% 54.1% 55.7% 57.6% 63.0% 45.9% 48.5%1 Unit 24.7% 30.5% 36.5% 50.6% 56.8% 54.5% 43.3% 43.0%2 to 4 Units 0.3% 0.5% 0.2% 0.0% 0.5% 0.3% 0.2% 0.3% 5 or More Units0.1% 0.5% 0.4% 0.8% 0.1% 0.3% 0.1% 0.3% Other5.4% 0.2% 17.0% 4.4% 0.2% 7.9% 2.3% 5.0%Renter‐occupied housing units:69.5% 68.2% 45.9% 44.3% 42.4% 37.0% 54.1% 51.5%1 Unit 34.4% 33.7% 21.3% 16.3% 13.3% 26.6% 22.5% 23.5%2 to 4 Units 8.1% 10.6% 3.1% 8.8% 6.5% 2.0% 8.2% 6.9% 5 or More Units25.9% 23.7% 15.4% 18.4% 22.7% 6.0% 23.2% 19.6% Other1.1% 0.2% 6.1% 0.8% 0.0% 2.3% 0.2% 1.4%2019 ACS Reformatted Tables ‐Block Group Tabulation9/27/20213 of 107.bPacket Pg. 407Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalPopulation 5 years and over (By Language Spoken at Home and English Ability)25,256 27,724 24,522 33,897 29,038 29,003 28,168 197,607 English only37.0% 44.0% 35.6% 65.4% 60.4% 35.9% 52.8% 48.2% Language other than English 63.0% 56.0% 64.4% 34.6% 39.6% 64.1% 47.2% 51.8% Speaks English less than "very well"27.4% 23.0% 24.8% 11.1% 9.2% 26.5% 16.4% 19.3% Spanish 59.0% 54.0% 56.3% 30.1% 32.5% 60.7% 44.3% 47.3% Speaks English less than "very well"25.3% 22.1% 21.4% 9.1% 6.6% 25.0% 15.3% 17.4% Other Indo‐European languages0.5% 0.3% 0.8% 1.7% 0.8% 0.4% 0.7% 0.8% Speaks English less than "very well"0.1% 0.1% 0.2% 0.8% 0.2% 0.1% 0.1% 0.2% Asian and Pacific Island languages3.3% 1.5% 6.3% 2.0% 3.8% 3.0% 1.5% 3.0% Speaks English less than "very well"2.0% 0.8% 2.9% 0.9% 1.6% 1.4% 0.6% 1.4%Population 1 years and over (By Residence Previous Year)27,179 29,848 26,036 36,217 30,759 31,138 30,668 211,845 Same house 85.4% 78.8% 92.0% 84.2% 84.5% 90.0% 82.9% 85.2% Different house in the U.S.14.3% 21.1% 7.7% 14.8% 14.4% 9.7% 17.1% 14.3% Same county10.1% 13.1% 5.1% 9.6% 10.9% 7.9% 13.1% 10.1% Different county4.2% 8.0% 2.6% 5.3% 3.5% 1.7% 4.0% 4.2% Same state 3.8% 6.5% 2.2% 4.5% 2.9% 1.5% 3.0% 3.5% Different state0.4% 1.5% 0.4% 0.7% 0.6% 0.2% 0.9% 0.7% Elsewhere 0.3% 0.0% 0.4% 1.0% 1.1% 0.3% 0.0% 0.5%Population With Poverty Status Determined (by Poverty Status and Age)27,064 28,282 25,990 31,559 29,277 31,117 30,768 204,057 Income Below Poverty Level Past 12 Months39.2% 34.1% 24.3% 19.4% 18.0% 22.8% 24.6% 25.8%Under 18 years 16.6% 17.1% 10.4% 7.5% 7.3% 10.9% 10.9% 11.4%Over 65 2.9% 1.6% 1.6% 0.9% 0.7% 1.2% 1.5% 1.4%Income At or Above Poverty Level Past 12 Months60.8% 65.9% 75.7% 80.6% 82.0% 77.2% 75.4% 74.2%Under 18 years 15.4% 16.7% 17.5% 20.4% 22.0% 20.0% 20.9% 19.1%Over 65 7.5% 6.3% 7.7% 10.5% 7.0% 8.1% 6.7% 7.7%Total Under 18 years32.0% 33.8% 27.9% 28.0% 29.3% 30.8% 31.8% 30.5%Total Over 65 10.4% 7.9% 9.2% 11.3% 7.7% 9.3% 8.2% 9.2%2019 ACS Reformatted Tables ‐Tract Tabulation9/27/20214 of 107.bPacket Pg. 408Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalOccupied housing units (By Housing Cost % of Income By Tenure)7,743 8,229 7,217 9,496 9,172 7,514 9,254 58,625 Less than 20 percent26.2% 21.3% 34.4% 34.3% 29.1% 34.5% 29.3% 29.8%20 to 29 percent20.2% 20.4% 22.9% 20.8% 24.0% 22.5% 20.7% 21.6%30 percent or more51.1% 55.9% 39.6% 42.1% 44.8% 41.2% 48.0% 46.2%Owner‐occupied housing units:31.4% 32.0% 54.3% 54.8% 57.8% 62.4% 44.2% 48.2%Less than 20 percent16.0% 13.7% 26.3% 26.8% 22.8% 30.8% 21.2% 22.5%20 to 29 percent5.8% 6.6% 11.6% 10.8% 17.2% 12.3% 8.9% 10.5%30 percent or more9.5% 11.5% 16.2% 16.5% 17.6% 19.2% 13.7% 14.9%Renter‐occupied housing units:68.6% 68.0% 45.7% 45.2% 42.2% 37.6% 55.8% 51.8%Less than 20 percent10.1% 7.6% 8.0% 7.5% 6.4% 3.6% 8.1% 7.3%20 to 29 percent14.4% 13.8% 11.3% 10.0% 6.8% 10.2% 11.8% 11.1%30 percent or more41.6% 44.4% 23.4% 25.7% 27.1% 21.9% 34.3% 31.3%2019 ACS Reformatted Tables ‐Tract Tabulation9/27/20215 of 107.bPacket Pg. 409Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalTotal Population (Pop) 2020 Adjusted 29,038 32,271 31,103 34,876 32,699 30,713 32,489 223,190 Deviation (2,846) 387 (781) 2,992 815 (1,171) 605 % Deviation‐8.93% 1.21%‐2.45% 9.38% 2.56%‐3.67% 1.90%Latino 22,401 23,830 23,181 18,618 17,619 24,562 21,391 151,602 White 1,831 3,111 2,496 8,231 6,820 1,187 5,104 28,779 Black3,267 4,092 1,939 5,499 5,254 3,607 4,271 27,929 American Indian 129 188 138 381 236 113 285 1,470 Asian 991 612 2,891 1,347 2,081 796 702 9,420 Hawaiian, Pacific Islander70 96 113 166 88 148 181 862 Other Race 152 161 195 354 293 115 242 1,512 Multi Minority Race198 181 150 280 308 185 313 1,615 Voting Age Population (VAP) 2020 Adjusted 20,268 22,545 22,464 26,227 24,504 21,445 23,238 160,691 Latino 15,075 15,844 16,077 12,704 12,321 16,622 14,372 103,014 White 1,579 2,750 2,146 7,372 5,771 987 4,477 25,082 Black2,384 3,046 1,456 4,119 3,924 2,826 3,089 20,844 American Indian 102 144 110 313 199 77 229 1,174 Asian 833 484 2,355 1,152 1,797 627 576 7,825 Hawaiian, Pacific Islander56 69 90 126 60 89 129 619 Other Race 99 95 130 272 237 97 173 1,103 Multi Minority Race140 113 99 169 195 120 193 1,029 Total Population (Pop) 2020 Census 28,869 32,079 30,977 34,716 32,581 30,545 32,334 222,101 Latino 22,314 23,738 23,117 18,560 17,572 24,499 21,326 151,125 White 1,813 3,095 2,476 8,205 6,804 1,169 5,088 28,649 Black3,207 4,013 1,901 5,425 5,204 3,527 4,202 27,479 American Indian 128 186 138 381 234 111 284 1,462 Asian 991 612 2,890 1,346 2,081 794 699 9,413 Hawaiian, Pacific Islander69 95 112 166 88 148 181 859 Other Race 150 159 193 353 290 111 241 1,497 Multi Minority Race198 181 150 280 308 187 313 1,617 Voting Age Population (VAP) 2020 Census 20,099 22,353 22,337 26,067 24,386 21,276 23,083 159,602 Latino 14,988 15,752 16,012 12,646 12,274 16,556 14,307 102,535 White 1,561 2,734 2,126 7,346 5,755 970 4,461 24,953 Black2,324 2,967 1,418 4,045 3,874 2,747 3,020 20,395 American Indian 101 142 110 313 197 75 228 1,166 Asian 833 484 2,354 1,151 1,797 625 573 7,818 Hawaiian, Pacific Islander55 68 89 126 60 89 129 616 Other Race 97 93 128 271 234 93 172 1,088 Multi Minority Race140 113 99 169 195 122 193 1,031 2020 Census Redistricting Data2020 Adjusted Data9/27/20216 of 107.bPacket Pg. 410Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalCitizen Voting Age Population (CVAP) 13,643 15,606 14,228 25,139 20,257 15,607 17,731 122,211 Latino 8,382 8,821 9,284 10,082 9,883 9,868 9,484 65,804 White 1,931 3,182 1,902 8,317 5,381 1,092 4,157 25,962 Black2,611 2,888 1,559 4,952 3,454 3,742 3,270 22,476 Asian 580 312 1,370 759 984 723 493 5,221 All Other132 407 104 1,037 562 162 332 2,737 Total Population (By Age and Gender) 27,678 30,169 26,369 36,636 31,188 31,499 31,020 214,560 Male 13,786 15,140 12,467 19,467 15,073 15,543 15,093 106,571 Female 13,892 15,030 13,902 17,169 16,114 15,955 15,927 107,989 Under 5 years 2,516 2,410 1,797 2,981 2,208 2,608 2,791 17,311 Male 1,236 1,163 826 1,754 1,302 1,138 1,431 8,851 Female 1,280 1,247 971 1,227 906 1,469 1,360 8,461 5 to 17 years 6,211 7,354 5,751 6,026 6,550 7,364 6,891 46,146 Male 2,794 4,036 2,588 3,245 3,083 4,007 3,513 23,266 Female 3,417 3,318 3,164 2,780 3,466 3,356 3,377 22,879 18 to 65 years 16,039 17,860 16,408 23,613 20,291 18,641 18,727 131,581 Male 8,485 8,936 7,990 12,558 9,801 9,158 9,081 66,009 Female 7,555 8,925 8,418 11,055 10,490 9,483 9,646 65,571 65 years and over2,912 2,545 2,412 4,016 2,139 2,886 2,611 19,522 Male 1,272 1,005 1,064 1,909 887 1,240 1,067 8,444 Female 1,640 1,540 1,349 2,107 1,252 1,647 1,544 11,077 Total Households (By Household Income) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Less than $10,000 710 732 443 536 614 491 815 4,342 $10,000 to $14,999 985 791 554 522 527 499 729 4,607 $15,000 to $24,999 1,464 1,224 836 1,045 670 670 886 6,795 $25,000 to $34,999 1,077 1,221 783 1,063 503 918 1,018 6,584 $35,000 to $49,999 1,221 1,571 1,047 1,276 1,295 1,280 1,471 9,161 $50,000 to $74,999 1,135 1,309 1,410 1,788 1,223 1,674 1,712 10,250 $75,000 to $99,999 570 729 971 1,223 1,707 964 1,092 7,256 $100,000 to $149,999 401 436 769 1,297 1,733 657 1,046 6,339 $150,000 to $199,999 105 63 248 464 685 218 354 2,137 $200,000 or more 64 114 173 410 236 119 119 1,237 Population 25 years and over (By Education Level) 16,146 16,625 15,821 23,516 17,150 17,803 18,118 125,180 Less than 9th grade3,345 2,753 2,537 2,000 596 2,934 1,748 15,912 9th to 12th grade, no diploma3,694 3,982 2,858 3,684 1,674 3,846 2,960 22,698 High school graduate (includes equivalency)4,597 4,890 4,260 6,896 4,751 5,403 6,163 36,960 Some college, no degree2,923 3,157 2,943 6,021 4,647 3,349 4,024 27,064 Associate degree567 896 887 1,733 1,749 857 1,108 7,797 Bachelor's degree763 641 1,708 2,086 2,438 1,124 1,489 10,250 Graduate or professional degree258 306 627 1,095 1,297 291 625 4,499 2019 ACS CVAP Tabulation2019 ACS Reformatted Tables ‐Block Group Tabulation9/27/20217 of 107.bPacket Pg. 411Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalPopulation 15 years and over (By Marital Status) 20,156 22,091 20,174 28,873 23,937 23,174 23,068 161,472 Never married 9,382 10,748 8,368 13,710 10,750 9,987 10,729 73,675 Now married, except separated6,944 7,252 8,445 9,968 9,334 9,430 8,028 59,401 Separated 738 953 495 928 508 837 797 5,256 Widowed 1,235 1,235 970 1,411 869 1,230 826 7,775 Female 756 946 786 1,189 749 984 694 6,103 Divorced 1,856 1,903 1,896 2,856 2,477 1,690 2,688 15,366 Female 1,150 1,052 1,001 1,282 1,735 988 1,554 8,761 Total Housing Units (By Occupancy Status) 8,598 8,789 7,999 10,341 9,601 7,874 9,776 62,977 Occupied 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Owner occupied 2,358 2,601 3,917 5,365 5,292 4,720 4,244 28,498 Renter occupied 5,374 5,589 3,317 4,260 3,901 2,770 4,998 30,209 Vacant 866 599 764 715 408 384 534 4,270 Occupied Housing Units (Overcrowding by Tenure) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Overcrowded 979 1,181 822 897 607 1,160 741 6,387 Severely Overcrowded563 441 407 302 188 378 302 2,582 Owner Occupied 2,358 2,601 3,917 5,365 5,292 4,720 4,244 28,498 Overcrowded 318 208 355 310 241 569 172 2,173 Severely Overcrowded158 36 115 76 74 182 111 752 Renter Occupied 5,374 5,589 3,317 4,260 3,901 2,770 4,998 30,209 Overcrowded 661 972 467 588 365 591 570 4,214 Severely Overcrowded405 405 292 225 115 196 191 1,830 Population 16 years and over (By Employment Status) 19,674 21,635 19,692 28,494 23,400 22,588 22,445 157,928 In labor force: 10,480 11,909 11,821 14,950 15,886 13,872 14,216 93,133 Civilian labor force:10,480 11,909 11,795 14,940 15,861 13,858 14,216 93,059 Employed 9,297 10,784 11,062 13,778 14,332 12,512 12,714 84,478 Unemployed 1,183 1,125 733 1,162 1,530 1,346 1,502 8,580 Armed Forces‐ ‐ 26 10 25 14 ‐ 75 Not in labor force9,195 9,727 7,871 13,544 7,513 8,715 8,229 64,795 Occupied housing units (Structure Type by Tenure) 7,732 8,189 7,235 9,626 9,193 7,490 9,242 58,707 Owner‐occupied housing units:2,358 2,601 3,917 5,365 5,292 4,720 4,244 28,498 1 Unit 1,907 2,502 2,644 4,870 5,220 4,085 4,006 25,234 2 to 4 Units 21 41 15 0 43 21 14 155 5 or More Units9 40 27 73 13 20 13 195 Other421 19 1,232 422 16 594 211 2,914 Renter‐occupied housing units:5,374 5,589 3,317 4,260 3,901 2,770 4,998 30,209 1 Unit 2,660 2,762 1,544 1,565 1,223 1,990 2,075 13,820 2 to 4 Units 628 868 224 844 594 152 759 4,069 5 or More Units1,999 1,939 1,111 1,772 2,084 452 2,147 11,504 Other87 20 438 79 0 175 17 816 2019 ACS Reformatted Tables ‐Block Group Tabulation9/27/20218 of 107.bPacket Pg. 412Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalPopulation 5 years and over (By Language Spoken at Home and English Ability)25,256 27,724 24,522 33,897 29,038 29,003 28,168 197,607 English only9,334 12,212 8,736 22,176 17,552 10,401 14,878 95,290 Language other than English 15,922 15,512 15,787 11,721 11,485 18,601 13,290 102,318 Speaks English less than "very well"6,924 6,378 6,092 3,769 2,683 7,697 4,606 38,149 Spanish 14,890 14,957 13,798 10,215 9,450 17,596 12,483 93,389 Speaks English less than "very well"6,395 6,141 5,246 3,068 1,928 7,250 4,308 34,338 Other Indo‐European languages122 78 194 572 236 115 196 1,513 Speaks English less than "very well"17 19 45 285 45 32 35 478 Asian and Pacific Island languages841 415 1,542 687 1,110 878 431 5,904 Speaks English less than "very well"500 218 723 290 459 407 180 2,777 Population 1 years and over (By Residence Previous Year)27,179 29,848 26,036 36,217 30,759 31,138 30,668 211,845 Same house 23,205 23,529 23,943 30,479 25,996 28,025 25,412 180,590 Different house in the U.S.3,896 6,305 2,001 5,373 4,436 3,010 5,241 30,261 Same county2,751 3,915 1,319 3,470 3,350 2,473 4,026 21,304 Different county1,144 2,390 682 1,903 1,086 537 1,214 8,957 Same state 1,023 1,952 574 1,647 892 460 924 7,473 Different state121 438 108 256 194 76 290 1,484 Elsewhere 78 14 93 365 327 103 15 995 Population With Poverty Status Determined (by Poverty Status and Age)27,064 28,282 25,990 31,559 29,277 31,117 30,768 204,057 Income Below Poverty Level Past 12 Months10,617 9,637 6,313 6,119 5,281 7,087 7,561 52,615 Under 18 years 4,492 4,847 2,696 2,381 2,144 3,377 3,342 23,279 Over 65 788 456 405 273 201 373 447 2,941 Income At or Above Poverty Level Past 12 Months16,447 18,645 19,678 25,440 23,996 24,029 23,207 151,442 Under 18 years 4,178 4,714 4,558 6,446 6,435 6,222 6,430 38,984 Over 65 2,032 1,776 1,997 3,302 2,042 2,530 2,067 15,745 Total Under 18 years8,670 9,562 7,254 8,827 8,579 9,599 9,771 62,262 Total Over 65 2,820 2,232 2,401 3,575 2,242 2,903 2,513 18,687 2019 ACS Reformatted Tables ‐Tract Tabulation9/27/20219 of 107.bPacket Pg. 413Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public City of San BernardinoDemographic ProfileWard1234567TotalOccupied housing units (By Housing Cost % of Income By Tenure)7,743 8,229 7,217 9,496 9,172 7,514 9,254 58,625 Less than 20 percent2,025 1,754 2,480 3,254 2,672 2,589 2,714 17,487 20 to 29 percent1,564 1,680 1,654 1,976 2,204 1,693 1,917 12,687 30 percent or more3,958 4,600 2,861 4,001 4,105 3,095 4,446 27,066 Owner‐occupied housing units:2,430 2,635 3,916 5,204 5,298 4,692 4,089 28,264 Less than 20 percent1,241 1,130 1,902 2,545 2,089 2,316 1,964 13,186 20 to 29 percent447 546 838 1,022 1,579 927 823 6,182 30 percent or more735 943 1,172 1,562 1,615 1,446 1,270 8,745 Renter‐occupied housing units:5,313 5,594 3,301 4,292 3,875 2,822 5,164 30,361 Less than 20 percent784 624 578 709 583 273 750 4,301 20 to 29 percent1,117 1,134 816 954 625 765 1,094 6,505 30 percent or more3,223 3,657 1,689 2,438 2,490 1,649 3,176 18,321 2019 ACS Reformatted Tables ‐Tract Tabulation9/27/202110 of 107.bPacket Pg. 414Attachment: Attachment 2: City of San Bernardino Demographic Profile (Sept. 27, 2021) (8560 : Public San Bernardino Charter ARTICLE III: CITY COUNCIL AND MAYOR Section 301. Composition, Eligibility, and Terms (a)Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b)Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 7.c Packet Pg. 415 Attachment: Attachment 3: Excerpt from City Charter, Article 3, Section 301 (8560 : Public Hearing on Summary of Redistricting Law, Criteria, San Bernardino Charter Article VIII: ELECTIONS Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. 7.d Packet Pg. 416 Attachment: Attachment 4: Excerpt from City Charter, Article 8, Sections 801-803 (8560 : Public Hearing on Summary of Redistricting Law, Chapter 1.16 BOUNDARIES OF WARDS Sections: 1.16.010 Purpose 1.16.020 First Ward 1.16.030 Second Ward 1.16.040 Third Ward 1.16.050 Fourth Ward 1.16.060 Fifth Ward 1.16.070 Sixth Ward 1.16.080 Seventh Ward 1.16.010 Purpose The ordinance codified in this Chapter is adopted in order to divide the area of the City into seven wards pursuant to Section 3 of the Charter of the City. (Ord. 3222, 1-04-72) [Rev. July 2021] 7.e Packet Pg. 417 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of 1.16.020 First Ward The boundaries of the first ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino described as follows: Beginning at the intersection of the centerlines of Waterman Avenue and Mill Street; thence south along said centerline of Waterman Avenue to the centerline of Central Avenue; thence east, along said centerline of Central Avenue to the centerline of Clevenger Drive; thence south along said centerline of Clevenger Drive to the centerline of Independence Street; thence east along said centerline of Independence Street to the centerline of Sunnyside Avenue; thence south along said centerline of Sunnyside Avenue to its southerly terminus, said point also being on the north line of that parcel of land described as Parcel 4 in a Deed recorded April 13, 2006 as Document No. 2006- 0254445, Official Records of the County of San Bernardino, State of California; thence west along said north line of Parcel 4 to the west line of said Parcel 4; thence south along said west line of said Parcel 4 to the northerly line of the Santa Ana River; thence easterly, along said northerly line of the Santa Ana River and following its various courses and distances to the centerline of Mountain View Avenue, said point also being on the corporate City limit line of the City of San Bernardino; thence north, along said corporate City limit line and following its various courses and distances to the east line of the San Bernardino County Twin Creek Flood Control Channel lying within Lot 1, Block 1 of Base Line Gardens, Tract No. 1964 as per plat recorded in Book 28 of Maps, page 46, records of the County Recorder of San Bernardino County, State of California; thence south, leaving said corporate City limit line, along said east line to the centerline of Base Line Street; thence west, along said centerline of said Base Line Street, to the centerline of said Waterman Avenue; thence south along said centerline of Waterman Avenue, to the centerline of 11th Street; thence west along said centerline of 11th Street to the centerline of Sierra Way; thence south along said centerline of Sierra Way, to the centerline of 9th Street; thence west along said centerline of 9th Street, to the centerline of the I-215 Freeway; thence north along said centerline of the I-215 Freeway, to the centerline of 16th Street; thence west along said centerline of 16th Street, to the centerline of Massachusetts Avenue; thence south along said centerline of Massachusetts Avenue, to the centerline of said Base Line Street; thence west along said centerline of Base Line Street, to the centerline of "L" Street; thence south along said centerline of "L" Street, to the centerline of said 9th Street; thence west along said centerline of 9th Street to the east line of the San Bernardino County Lytle Creek Flood Control Channel; thence southerly, along said east line of said Flood Control Channel, following its various courses and distances to the centerline of 5th Street; thence west along said centerline of 5th Street to the centerline of 4th Street; thence east along said centerline of 4th Street, to the centerline of Mt. Vernon Avenue; thence south along said centerline of Mt. Vernon Avenue, to the centerline of Rialto Avenue; thence east along said centerline of Rialto Avenue, to the centerline of "E" Street; thence south along said centerline of "E" Street, to the centerline of said Mill [Rev. July 2021] 7.e Packet Pg. 418 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of Street; thence east along said centerline of Mill Street to the centerline of Waterman Avenue and the point of beginning. (Ord. MC-1376, 9-04-12) 1.16.030 Second Ward The boundaries of the second ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino described as follows: Beginning at the intersection of the centerlines of Highland Avenue and "G" Street; thence north along said centerline of "G" Street to the centerline of 29th Street; thence east along said centerline of 29th Street to the centerline of “E” Street; thence north along said centerline of “E” Street to the centerline of California State Route 210 (formerly California State Route 30); thence west along said centerline of California State Route 210 to the centerline of the I-215 Freeway; thence south along said centerline of the I-215 Freeway to the centerline of 9th Street; thence east along said centerline of 9th Street to the centerline of Sierra Way; thence north along said centerline of Sierra Way to the centerline of 11th Street; thence east along said centerline of 11th Street to the centerline of Waterman Avenue; thence north along said centerline of Waterman Avenue to the centerline of Base Line Street; thence east along said centerline of Base Line Street to the east line of the San Bernardino County Twin Creek Flood Control Channel lying within Lot 1, Block 1 of Base Line Gardens, Tract No. 1964 as per plat recorded in Book 28 of Maps, page 46, records of the County Recorder of San Bernardino County, State of California; thence north along said east line of Twin Creek to an angle point on the corporate limit line of the City of San Bernardino; thence north, along said corporate City limit line and following its various courses and distances to said centerline of Highland Avenue; thence west along said centerline of Highland Avenue to said centerline of "G" Street and the point of beginning. (Ord. MC-1376, 9-04-12) 1.16.040 Third Ward The boundaries of the third ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino described as follows: Beginning at the intersection of the centerlines of Waterman Avenue and Mill Street; thence south along said centerline of Waterman Avenue to the centerline of Central Avenue; thence east, along said centerline of Central Avenue to the centerline of Clevenger Drive; thence south along said centerline of Clevenger Drive to the centerline of Independence Street; thence east along said centerline of Independence Street to the centerline of Sunnyside Avenue; thence south along said centerline of Sunnyside Avenue to its southerly terminus, said point also being on the north line of that parcel of land described as Parcel 4 in a Deed recorded April 13, 2006 as Document No. 2006- 0254445, Official Records of County of San Bernardino, State of California; thence west [Return to Municipal Code Contents] [Rev. July 2021] 7.e Packet Pg. 419 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of along said north line of Parcel 4 to the west line of said Parcel 4; thence south along said west line of Parcel 4 to the northerly line of the Santa Ana River; thence easterly, along said northerly line of the Santa Ana River and following its various courses and distances to the centerline of Mountain View Avenue, said point also being on the corporate City limit line of the City of San Bernardino; thence south, along said centerline of Mountain View Avenue and said corporate City limit line and following its various courses and distances to the intersection of the centerlines of Mill Street and Eucalyptus Avenue; thence east along said centerline of Mill Street to the centerline of Pepper Avenue; thence north along said centerline of Pepper Avenue to the southerly line of the Atchison Topeka & Santa Fe Railroad right of way; thence easterly and northeasterly along said southerly line of the Atchison Topeka & Santa Fe Railroad right of way, to the centerline of Meridian Avenue; thence north, along said centerline of Meridian Avenue to the westerly prolongation of the north line of Parcel 1 of Parcel Map No. 5665 as per Map recorded in Book 52 of Parcel Maps, pages 49-50, records of the County Recorder of San Bernardino County, State of California; thence east along said north line of Parcel 1, to the west line of the Union Pacific (formerly Southern Pacific) Railroad right of way; thence north along said west line of the Union Pacific Railroad right of way line to the centerline of Foothill Boulevard; thence east, along said centerline of Foothill Boulevard to the centerline of 4th Street; thence continuing east along said centerline of 4th Street, to the centerline of Mt. Vernon Avenue; thence south along said centerline of Mt. Vernon Avenue to the centerline of Rialto Avenue; thence east along said centerline of Rialto Avenue to the centerline of "E" Street; thence south along said centerline of "E" Street to the said centerline of Mill Street; thence east along said centerline of Mill Street to the centerline of Waterman Avenue and the point of beginning. (Ord. MC-1376, 9-04-12) 1.16.050 Fourth Ward The boundaries of the fourth ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino, described as follows: Beginning at the intersection of the centerlines of "F" Street and Northpark Boulevard; thence north along said centerline of "F" Street to the centerline of Dover Drive; thence westerly along said centerline of Dover Drive to the centerline of “H” Street; thence north along said centerline of “H” Street to the centerline of 56th Street; thence west along said centerline of 56th Street to the centerline of “I” Street; thence northwesterly along said centerline of I Street and its northwesterly prolongation to the most easterly corner of Lot 247, Tract 13554-6 as per plat recorded in Book 238 of Maps, pages 51-54, records of San Bernardino County, State of California; thence northwesterly along the northeasterly line of said Lot 247 to the most northerly corner of said Lot 247; thence southwesterly along the northwesterly line of said Lot 247 to the northwesterly corner of said Lot 247; thence northerly, along a straight line, to the southwesterly corner of that parcel of land described as Parcel No. 3 in a Deed recorded on November 15, [Rev. July 2021] 7.e Packet Pg. 420 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of 1989 as Document No. 89-432957, Official Records of County of San Bernardino, State of California; thence southeasterly and northeasterly along the southerly line of said Parcel No. 3 to the northerly line of the Muscupiabe Rancho as shown in Book 7 of Maps, page 23, records of the County Recorder of said County, said point also being on the corporate City limit line of the City of San Bernardino; thence southeasterly along said northerly line of the Muscupiabe Rancho and said corporate City limit line to an angle point on said corporate City limit line; thence north along said corporate City limit line and following its various courses and distances to the intersection of the centerlines of Highland Avenue and Victoria Avenue; thence north and continuing along said corporate City line and following its various courses and distances to the centerline of California State Route 210 (formerly California State Route 30); thence northwesterly and leaving said corporate City limit line along said centerline of California State Route 210 to the centerline of Pumalo Street, said point being on said corporate City limit line; thence east along said corporate City limit line and following its various courses and distances to said centerline of California State Route 210; thence northwesterly and leaving said corporate City limit line along said centerline of California State Route 210 to the centerline of Del Rosa Avenue; thence north along said centerline of Del Rosa Avenue to an angle point on said corporate City limit line; thence east, along said corporate City limit line and following its various courses and distances to the intersection of said Del Rosa Avenue and Marshall Boulevard; thence west and leaving said corporate City limit line along said centerline of Marshall Boulevard to the centerline of Mountain Avenue, said point also being on said corporate City limit line; thence north along said corporate City limit line and following its various courses and distances to the centerline of 39th Street; thence west along said centerline of 39th Street to the centerline of Harrison Street; thence north along said centerline of Harrison Street to the centerline of 40th Street; thence west along said centerline of 40th Street to the centerline of Waterman Avenue; thence south along said centerline of Waterman Avenue to the centerline of Parkdale Drive; thence west along said centerline of Parkdale Drive to the centerline of Mountain View Avenue; thence south along said centerline of Mountain View Avenue to the centerline of Thompson Place; thence west along said centerline of Thompson Place to the centerline of Arrowhead Avenue; thence northerly and westerly along said centerline of Arrowhead Avenue to the centerline of Kendall Drive; thence northwesterly along said centerline of Kendall Drive and following its various courses and distances to the centerline of 4th Avenue; thence north along said centerline of 4th Avenue to an angle point on said corporate City limit line, said point hereinafter referred to as Point “A”; thence southeasterly along said corporate City limit line and following its various courses and distances to said Point “A”, said point also being on the southwesterly line of the San Bernardino County Flood Control Channel; thence northwesterly along said southwesterly line of the San Bernardino County Flood Control Channel, and leaving said corporate City limit line to the centerline of Little Mountain Drive; thence northeasterly and northerly along said centerline of Little Mountain Drive to the centerline of said Northpark Boulevard; thence easterly along said centerline of Northpark Boulevard to the centerline of said "F" Street and the point of beginning. (Ord. MC-1376, 9-04-12) [Rev. July 2021] 7.e Packet Pg. 421 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of 1.16.060 Fifth Ward The boundaries of the fifth ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino, described as follows: Beginning at the intersection of the centerlines of "F" Street and Northpark Boulevard; thence north along said centerline of "F" Street to the centerline of Dover Drive; thence westerly along said centerline of Dover Drive to the centerline of “H” Street; thence north along said centerline of “H” Street to the centerline of 56th Street; thence west along said centerline of 56th Street to the centerline of “I” Street; thence northwesterly along said centerline of I Street and its northwesterly prolongation to the most easterly corner of Lot 247, Tract 13554-6 as per plat recorded in Book 238 of Maps, pages 51-54, records of San Bernardino County, State of California; thence northwesterly along the northeasterly line of said Lot 247 to the most northerly corner of said Lot 247; thence southwesterly along the northwesterly line of said Lot 247 to the northwesterly corner of said Lot 247; thence northerly, along a straight line, to the southwesterly corner of that parcel of land described as Parcel No. 3 in a Deed recorded on November 15, 1989 as Document No. 89-432957, Official Records of County of San Bernardino, State of California; thence southeasterly and northeasterly along the southerly line of said Parcel No. 3 to the northerly line of the Muscupiabe Rancho as shown in Book 7 of Maps, page 23, records of the County Recorder of San Bernardino County, State of California, said point also being on the corporate City limit line of the City of San Bernardino; thence northwesterly along said corporate City limit line and following its various courses and distances to the centerline of the I-215 Freeway; thence southeasterly along said centerline of the I-215 Freeway to the centerline of California State Route 210 (formerly California State Route 30); thence easterly along said centerline of California State Route 210 to the centerline of "E" Street; thence north along said centerline of "E" Street to the centerline of 30th Street; thence west along said centerline of 30th Street to the centerline of said "F" Street; thence north along said centerline of "F" Street to the centerline of 36th Street; thence east along said centerline of 36th Street to the centerline of said "E" Street; thence north along said centerline of "E" Street to the centerline of Kendall Drive; thence northeasterly along said centerline of Kendall Drive and following its various courses and distances to the centerline of 4th Avenue; thence north along said centerline of said 4th Avenue to an angle point on said corporate City limit line, said point also being on the southwesterly line of the San Bernardino County Flood Control Channel; thence northwesterly along said southwesterly line of the San Bernardino County Flood Control Channel to the centerline of Little Mountain Drive; thence northeasterly and northerly along said centerline of Little Mountain Drive and leaving said corporate City limit line, to said centerline of Northpark Boulevard; thence easterly along said centerline of Northpark Boulevard to said centerline of "F" Street and the point of beginning. (Ord. MC-1376, 9-04-12) [Rev. July 2021] 7.e Packet Pg. 422 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of 1.16.070 Sixth Ward The boundaries of the sixth ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino, described as follows: Beginning at the intersection of the centerlines of Eucalyptus Avenue and Mill Street, said point also being on the corporate City limit line of the City of San Bernardino; thence north along said corporate City limit line and following its various courses and distances to the centerline of the I-215 Freeway; thence southeasterly along said centerline of the I-215 Freeway to the centerline of 16th Street; thence west along said centerline of 16th Street to the centerline of Massachusetts Avenue; thence south along said centerline of Massachusetts Avenue to the centerline of said Base Line Street; thence west along said centerline of Base Line Street to the centerline of "L" Street; thence south along said centerline of "L" Street to the centerline of said 9th Street; thence west along said centerline of 9th Street to the east line of the San Bernardino County Lytle Creek Flood Control Channel; thence southerly along said east line of said Flood Control Channel and following its various courses and distances to the centerline of 5th Street; thence westerly along said centerline of 5th Street to the centerline of Foothill Boulevard; thence west along said centerline of Foothill Boulevard to the west line of the Union Pacific (formerly Southern Pacific) Railroad right of way; thence southerly along said west railroad right of way line to the north line of Parcel 1 of Parcel Map No. 5665 as per Map recorded in Book 52 of Parcel Maps, pages 49-50, records of the County Recorder of San Bernardino County, State of California; thence west along said north line of Parcel 1 and its westerly prolongation to the centerline of Meridian Avenue; thence south along said centerline of Meridian Avenue to the southerly line of the Atchison Topeka & Santa Fe Railroad right of way; thence southwesterly and westerly along said southerly line of the Atchison Topeka & Santa Fe Railroad right of way, to the centerline of Pepper Avenue; thence south, along said centerline of Pepper Avenue to said centerline of Mill Street; thence west along said centerline of Mill Street to the centerline of said Eucalyptus Avenue and the point of beginning. (Ord. MC-1376, 9-04-12) 1.16.080 Seventh Ward The boundaries of the seventh ward of the City shall be as follows: All that area within the present corporate limits of the City of San Bernardino, described as follows: Beginning at the intersection of the centerlines of Highland Avenue and "G" Street; thence north along said centerline of "G" Street to the centerline of 29th Street; thence east along said centerline of 29th Street to the centerline of "E" Street; thence north along said centerline of "E" Street to the centerline of 30th Street; thence west along said centerline of 30th Street to the centerline of "F" Street; thence north along said centerline of "F" Street to the centerline of 36th Street; thence east along said centerline of 36th Street to the centerline of said "E" Street; thence north along said centerline of "E" Street to the centerline of Kendall Drive; thence northeasterly along [Return to Municipal Code Contents] [Rev. July 2021] 7.e Packet Pg. 423 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of said centerline of Kendall Drive and following its various courses and distances to the centerline of Arrowhead Avenue; thence easterly and southerly, along said centerline of Arrowhead Avenue to the centerline of Thompson Place; thence easterly, along said centerline of Thompson Place to the centerline of Mountain View Avenue; thence north along said centerline of Mountain View Avenue to the centerline of Parkdale Drive; thence east along said centerline of Parkdale Drive to the centerline of Waterman Avenue; thence north along the centerline of Waterman Avenue to the centerline of 40th Street; thence east along said centerline of 40th Street to the centerline of Harrison Street; thence south along said centerline of Harrison Street to the centerline of 39th Street; thence east along said centerline of 39th Street to an angle point on the corporate City limit line of the City of San Bernardino; thence south along said corporate City limit line and following its various courses and distances to the intersection of the centerlines of Mountain Avenue and Marshall Boulevard; thence east and leaving said corporate City limit line along said centerline of Marshall Boulevard to the centerline of Del Rosa Avenue, said point also being an angle point on said corporate City limit line; thence south along said centerline of Del Rosa Avenue to the centerline of California State Route 210 (formerly California State Route 30); thence southeasterly along said centerline of California State Route 210 to an angle point on said corporate City limit line; thence leaving said centerline of State Route 210, south along said corporate City limit line and following its various courses and distances to said centerline of California State Route 210; thence southeasterly along said centerline of California State Route 210 to said corporate City limit line; thence south along said corporate City limit line and following its various courses and distances to the intersection of the centerlines of Highland Avenue and Sterling Avenue; thence west along said centerline of Highland Avenue to said centerline of "G" Street and the point of beginning. (Ord. MC-1376, 9-04-12) [Rev. July 2021] 7.e Packet Pg. 424 Attachment: Attachment 5: Excerpt from City Municipal Code, Chapter 1.16, Sections 1.16.010-1.16.080 (8560 : Public Hearing on Summary of This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3515309 PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING SEPTEMBER 27 2021 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/27/2021 09/27/2021 SAN BERNARDINO !A000005835110! Email NOTICE OF PUBLIC HEARING MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ELECTORAL REDISTRICTING NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday,October 6, 2021,at 8:00 PM in the City Council Chambers in the Norman F. Feldheym Central Library at 555 West 6th Street,San Bernardino, California.Visit the City's agenda portal at http://sanbernardinocityca.iqm2.co m/Citizens/Detail_Meeting.aspx?ID =3022 to access for more meeting information. The purpose of the hearing will be to seek public input and provide direction on the criteria to be considered while drafting district maps including identifying communities of interest.A ‘‘community of interest is a contiguous population that shares common social and economic interests that should be included within a single district for purposes of its effective and fair representation.Communities of interests shall not include relationships with political parties, incumbents,or political candidates. Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways:1)comments and contact information can be emailed to publiccomments@SBCity.Org by 4:00 P.M.the day of the scheduled meeting;2)attending the meeting in person and providing your public comment in person,not to exceed three minutes. Live interpretation of the hearing will be made available in Spanish if the request is made at least 72 hours in advance of the hearing.To request live interpretation,please contact the City Clerk’s Office at 909- 384-5002 or rocha_ge@sbcity.org If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or in written correspondence delivered to the City Clerk at,or prior to,the public meeting. 7.f Packet Pg. 425 Attachment: Attachment 6: English and Spanish Public Hearing Notice (8560 : Public Hearing on Summary of Redistricting Law, Criteria, 2020 The City endeavors to be in total compliance with the Americans with Disabilities Act.If you require assistance or auxiliary aids in order to participate at the meeting,please contact the City Clerk’s Office as far in advance of the meeting as possible. Additional information concerning the above matter may be obtained from,and written comments should be addressed to,City Clerk,City of San Bernardino,201 North "E"Street, Building A,San Bernardino, California 92401. Genoveva Rocha,CMC City Clerk DATED:September 27,2021 9/27/21 SBS-3515309# 7.f Packet Pg. 426 Attachment: Attachment 6: English and Spanish Public Hearing Notice (8560 : Public Hearing on Summary of Redistricting Law, Criteria, 2020 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3515317 PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING NOTICE OF PUBLIC HEARING SEPTEMBER 27 2021 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/27/2021 09/27/2021 SAN BERNARDINO !A000005835108! Email AVISO DE AUDIENCIA PUBLICA CIUDAD DE SAN BERNARDINO RIDESE O DE LOS LIMITES DE LOS DISTRITOS ELECTORALES POR LA PRESENTE DE DA AVISO de que el Concejo Municipal de la Ciudad de San Bernardino celebrara una audiencia pública el 6 de octubre de 2021,a las 8:00 p.m.,en las Cámaras del Consejo del Ayuntamiento,en Norman F. Feldheym Central Library at 555 West 6th Street,San Bernardino, California.Para más información sobre la junta por favor visite el sitio web http://sanbernardinocityca.iqm2.co m/Citizens/Detail_Meeting.aspx?ID =3022. El propósito de la reunión será buscar aportes públicos y proporcionar orientación sobre los criterios a considerar al redactor los mapas de distrito,incluida la identificación de "comunidades de interés."Una "comunidad de interés" es una población contigua que comparte intereses sociales y económicas comunes que deben incluirse dentro de un solo distrito a los efectos de su representación efectiva y justa las comunidades de interés no incluirán las relaciones con partidos políticos,titulares,o candidatos políticos. Todas las personas interesadas están invitadas a estar presente en la audiencia pública.Si desea participar por favor de enviar un correo electrónico con sus comentarios as publiccomments@sbcity.org antes de las 4:00 PM el día de la junta o podrán prestar testimonio en el momento de la audiencia pública en persona. Por la presente de da aviso adicional de que,si usted impugna la acción descrita anteriormente en un tribunal,se le puede limitar a plantear solo aquellos asuntos que usted u otra persona planteo en la audiencia pública descrita en este aviso,o en la correspondencia escrita entregada al Concejo Municipal en,o antes de,la audiencia pública. La interpretación en vivo de la audiencia estará disponible en español si la solicitud se realiza al menos 72 horas antes de la audiencia.Para solicitar 7.f Packet Pg. 427 Attachment: Attachment 6: English and Spanish Public Hearing Notice (8560 : Public Hearing on Summary of Redistricting Law, Criteria, 2020 interpretación en vivo,comuníquese con la Oficina del Secretario de la Ciudad al 909-384-5002 o rocha_ge@sbcity.org La Ciudad se esfuerza por cumplir totalmente con la Ley de Estadounidenses con Discapacidades.Si necesita asistencia o ayudas auxiliares para participar en la reunión, comuníquese con la Oficina del Secretaria de la Ciudad con la mayor anticipación posible a la reunión. Se puede obtener información adicional sobre el asunto anterior en,y los comentarios por escrito deben dirigirse a,Secretaria de la Ciudad,Ciudad de San Bernardino, 201 North "E"Street,Edificio A,San Bernardino,California 92401. Genoveva Rocha,CMC Secretaria Municipal FECHADO:27 de Septiembre 2021 9/27/21 SBS-3515317# 7.f Packet Pg. 428 Attachment: Attachment 6: English and Spanish Public Hearing Notice (8560 : Public Hearing on Summary of Redistricting Law, Criteria, 2020 Page 1 Public Hearing City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the submission of the Fiscal Year 202 0/21 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. Background The City of San Bernardino is a direct recipient of Community Planning and Development formula grants (Community Development Block Grant [CDBG], HOME Investment Partnerships Program [HOME] and Emergency Solutions Grant [ESG]). As an entitlement city, the City is required to provide a report to United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development goals and objectives in its approved Five -Year Consolidated Plan. The performance report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is required to be submitted an nually to HUD. The CAPER is due to HUD by October 6, 2021. Discussion Every year the City receives CDBG, HOME, and ESG program funds from HUD. The purpose of these funds is to assist the City in meeting the affordable housing and community development goals and objectives, in the City’s Five-Year Consolidated Plan, particularly for persons and families of low to moderate-income. In order to identify the areas of greatest need and highest priorities in the community, the City undertakes a planning process known as the Consolidated Plan Cycle. This process is documented by three reports, which consist of a Five-Year Consolidated Plan, five annual Action Plans, and five annual CAPERs. Consolidated Plan The Consolidated Plan serves four primary functions: 1. It is a planning document for the community that is built upon public 8 Packet Pg. 429 8570 Page 2 participation and input. 2. It serves as the application for HUD’s formula grant programs (CDBG, HOME and ESG) which focus on providing decent housing, suitable living environments, and expanded economic opportunities for low and moderate - income families. 3. It identifies the City’s needs in the areas of housing, homelessness, community development, and economic development, and puts forward the City’s strategies and timetables for addressing those needs. 4. It serves as a five-year planning document for the use of HUD funds and implementation of programs that will meet local needs. The current Five -Year Consolidated Plan covers July 1, 2020 to June 30, 2025. One-Year Action Plan The one-year Action Plan describes specific projects and activities the City will undertake, as well as the financial resources it will use to meet the affordable housing and community development needs for a specific fiscal year. The 2020 -2021 Action Plan was adopted by the Mayor and City Council on April 15, 2020, the first of five Annual Action plans under the current Consolidated Plan. Consolidated Annual Performance and Evaluation Report (CAPER) This report is the first year Consolidated Annual Performance and Evaluation Report (CAPER) under the current Consolidated Plan. It outlines the City’s actual accomplishments for the period of July 1, 2020 through June 30, 2021. It also describes the City’s progress in meeting the goals and objectives outline d in the City’s Five-Year Consolidated Plan. CAPER Summary: CDBG and ESG Programs During FY 2020/21 reporting period, the City of San Bernardino received $3,701,615 in CDBG and ESG funds. The City continues to make progress toward meeting its long-term goals. The 2020- 2021 CAPER contains detailed descriptions of annual goals and accomplishments (Attachment 1). Goals and Accomplishments: Activity Source/ Amount Unit of Measure Expected Goal Actual Goal Fair Housing CDBG: $73,000 Persons Assisted 1000 1911 Economic Development CDBG: $35,000 Businesses Assisted 10 10 Improve Facilities & Infrastructure CDBG: $2,671,000 Persons Assisted 32,000 0 Emergency Solutions Grant ESG: $295,799 Persons Assisted 345 662 8 Packet Pg. 430 8570 Page 3 (ESG) Citizen Participation Federal regulations require that the CAPER be made available to citizens for public comment and to be considered by the Mayor and City Council at a public hearing. In accordance with HUD guidelines, a notice was published in El Chicano on September 6, 2021, and in the San Bernardino Sun on September 5, 2021, inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, the City’s Housing Division (Planning public counter), and the Feldheym Library. Environmental Compliance In accordance with Section 15378 of the California Environmental Quality Act (CEQA) and 24 CFR 58.34(a) of the National Environmental Protection Act (NEPA), the development of the Consolidated Annual Performance and Evaluation Report is exempt and therefore, not subject to its provisions. 2020-2025 Key Strategic Targets and Goals The authorization to submit the Fiscal Year 2020/21 CAPER to HUD aligns with Key Target No. 3: Improved Quality of Life. Specifically, the report verifies that the City is in compliance with HUD regulations to assist low to moderate-income residents in the community. Fiscal Impact The submission of the CAPER does not have an impact to the City's General Fund. The activities described in the CAPER were funded entirely with federal funds from HUD. The submission of the CAPER is a condition for the City to continue receiving federal funding. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California authorize the submission of the Fiscal Year 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER) to the United States Department of Housing and Urban Development. Attachments Attachment 1 FY 2020/21 Consolidated Annual Performance Evaluation Report (CAPER) Attachment 2 Proof of Publication - The Sun Newspaper Attachment 3 Proof of Publication - El Chicano Newspaper Ward: All Synopsis of Previous Council Actions: April 15, 2020 The City submitted the FY 2020/2021 Annual Action Plan September 16, 2020 The City submitted a Substantial Amendment to the FY 8 Packet Pg. 431 8570 Page 4 2020/2021Annual Action Plan 8 Packet Pg. 432 CAPER 1 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-05 - Goals and Outcomes Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a) This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year. The City of San Bernardino (the "City) is a direct recipient of Community Planning and Development formula grants (e.g. Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant). As an Entitlement City, the City is required to provide a report to the United States Department of Housing and Urban Development (HUD) on its performance in meeting the housing and community development priorities listed in its approved Five-Year Consolidated Plan. This report is called the Consolidated Annual Performance Evaluation Report (CAPER) and is due to HUD by or before September 28, 2021. This Consolidated Annual Performance and Evaluation Report (CAPER) outlines the City’s actual accomplishments for the first program year period of the City’s Five-Year Consolidated Plan, of July 1, 2020 through June 30, 2021. It also describes the City’s progress in meeting the goals and objectives outlined in the City’s Five-Year Consolidated Plan FY 2020-2024. As a result of the COVID-19 virus, the City of San Bernardino declared a state of emergency. Under the authority of 24 CFR 5.110 and CFR 91.600, HUD determined a good cause and subject to statutory limitations and waive regulatory provisions. Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals. Goal Category Source / Amount Indicator Unit of Measure Expected – Strategic Plan Actual – Strategic Plan Percent Complete Expected – Program Year Actual – Program Year Percent Complete Expand Home Ownership Affordable Housing HOME: $ Homeowner Housing Added Household Housing Unit 50 0 0.00% 0 0 8.a Packet Pg. 433 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual CAPER 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Expand Home Ownership Affordable Housing HOME: $ Direct Financial Assistance to Homebuyers Households Assisted 50 0 0.00% Fair Housing Non-Housing Community Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 5000 1911 38.22% 1000 1911 191.10% Improve Facilities and Infrastructure Non-Housing Community Development CDBG: $ / CDBG- CV3: $1361708 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit Persons Assisted 160000 0 0.00% 32000 0 0.00% New Affordable Rental Housing Affordable Housing HOME: $ Rental units constructed Household Housing Unit 300 0 0.00% 75 0 0.00% Planning and Administration Program administration funds CDBG: $ / HOME: $ / ESG: $ / CDBG- CV3: $340427 / CDBG-CV: $ / ESG- CV1 and ESG-CV2: $ Other Other 1 0 0.00% 1 0 0.00% 8.a Packet Pg. 434 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual CAPER 3 OMB Control No: 2506-0117 (exp. 09/30/2021) Preserve and Rehabilitate Housing Affordable Housing HOME: $ Rental units rehabilitated Household Housing Unit 400 0 0.00% 239 0 0.00% Preserve and Rehabilitate Housing Affordable Housing HOME: $ Homeowner Housing Rehabilitated Household Housing Unit 50 0 0.00% Promote Economic Development Economic Development CDBG: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 50 10 20.00% Promote Economic Development Economic Development CDBG: $ Jobs created/retained Jobs 0 0 214 0 0.00% Promote Economic Development Economic Development CDBG: $ Businesses assisted Businesses Assisted 0 0 10 10 100.00% Provide Homeless and Homeless Prevention Services Homeless ESG: $ / ESG-CV1 and ESG- CV2: $ Public service activities other than Low/Moderate Income Housing Benefit Persons Assisted 3000 0 0.00% Provide Homeless and Homeless Prevention Services Homeless ESG: $ / ESG-CV1 and ESG- CV2: $ Tenant-based rental assistance / Rapid Rehousing Households Assisted 0 0 75 75 100.00% 8.a Packet Pg. 435 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual CAPER 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Provide Homeless and Homeless Prevention Services Homeless ESG: $ / ESG-CV1 and ESG- CV2: $ Homeless Person Overnight Shelter Persons Assisted 0 0 200 200 100.00% Provide Homeless and Homeless Prevention Services Homeless ESG: $ / ESG-CV1 and ESG- CV2: $ Overnight/Emergency Shelter/Transitional Housing Beds added Beds 0 0 220 220 100.00% Table 1 - Accomplishments – Program Year & Strategic Plan to Date Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified. City staff continues to achieve the goals and objectives of the Consolidated Plan. Staff's assessment of the 2020-2021 CAPER indicates there was activity in some areas such jobs created, fair housing/landlord tenant assistance, and homeless prevention , however, there was no activity within improvement of facitlities and infrastructure. This is due to delays of materials being delayed due to shortage and the COVID-19 pandemic. Additionally, the City has lacked adequately trained staff. The City has developed policies and procedures for both HOME and CDBG and will work to develop program guidelines to implement a homebuyer program. City staff will make necessary adjustments to make changes and/or comply with the City's goals and objectives with what can be achieved with the given resources. 8.a Packet Pg. 436 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual CAPER 5 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a) CDBG HOME ESG White 394 0 132 Black or African American 526 0 200 Asian 40 0 132 American Indian or American Native 8 0 56 Native Hawaiian or Other Pacific Islander 2 0 8 Total 970 0 528 Hispanic 899 0 255 Not Hispanic 1,012 0 407 Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative 8.a Packet Pg. 437 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 6 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-15 - Resources and Investments 91.520(a) Identify the resources made available Source of Funds Source Resources Made Available Amount Expended During Program Year CDBG public - federal 4,223,184 1,607,721 HOME public - federal 3,340,478 79,060 ESG public - federal 295,799 468,037 Other public - federal Table 3 - Resources Made Available Narrative Identify the geographic distribution and location of investments Target Area Planned Percentage of Allocation Actual Percentage of Allocation Narrative Description CityWide 70 70 Met variety of community development and housing needs LMI Areas of the City 30 30 Met variety of community development and housing needs. Table 4 – Identify the geographic distribution and location of investments Narrative 8.a Packet Pg. 438 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 7 OMB Control No: 2506-0117 (exp. 09/30/2021) Leveraging Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan. In FY 2020-2021, the City was 100% exempt from its HOME match. The following outlines how the City's subrecipients were able to implement their programs by leveraging federal funds with other sources. For FY 2020-2021, a total of $390,000 in other federal state, local, and private resources were used to leverage the City's funds: Community Action Partnership of San Bernardino County - $70,000 (other federal sources) Family Service Association of Redlands - $70,000 (other federal sources) Lutheran Social Services - $80,000 (private funds) Salvation Army - $80,000 (private funds) Step Up On Second Street - $90,000 (other federal funds) Fiscal Year Summary – HOME Match 1. Excess match from prior Federal fiscal year 0 2. Match contributed during current Federal fiscal year 0 3. Total match available for current Federal fiscal year (Line 1 plus Line 2) 0 4. Match liability for current Federal fiscal year 0 5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) 0 Table 5 – Fiscal Year Summary - HOME Match Report 8.a Packet Pg. 439 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 8 OMB Control No: 2506-0117 (exp. 09/30/2021) Match Contribution for the Federal Fiscal Year Project No. or Other ID Date of Contribution Cash (non-Federal sources) Foregone Taxes, Fees, Charges Appraised Land/Real Property Required Infrastructure Site Preparation, Construction Materials, Donated labor Bond Financing Total Match Table 6 – Match Contribution for the Federal Fiscal Year HOME MBE/WBE report Program Income – Enter the program amounts for the reporting period Balance on hand at begin-ning of reporting period $ Amount received during reporting period $ Total amount expended during reporting period $ Amount expended for TBRA $ Balance on hand at end of reporting period $ 1,446,564 276,396 0 0 1,722,960 Table 7 – Program Income 8.a Packet Pg. 440 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual CAPER 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Contracts Dollar Amount 0 0 0 0 0 0 Number 0 0 0 0 0 0 Sub-Contracts Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Total Women Business Enterprises Male Contracts Dollar Amount 0 0 0 Number 0 0 0 Sub-Contracts Number 0 0 0 Dollar Amount 0 0 0 Table 8 - Minority Business and Women Business Enterprises Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Dollar Amount 0 0 0 0 0 0 Table 9 – Minority Owners of Rental Property 8.a Packet Pg. 441 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 10 OMB Control No: 2506-0117 (exp. 09/30/2021) Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0 Businesses Displaced 0 0 Nonprofit Organizations Displaced 0 0 Households Temporarily Relocated, not Displaced 0 0 Households Displaced Total Minority Property Enterprises White Non- Hispanic Alaskan Native or American Indian Asian or Pacific Islander Black Non- Hispanic Hispanic Number 0 0 0 0 0 0 Cost 0 0 0 0 0 0 Table 10 – Relocation and Real Property Acquisition 8.a Packet Pg. 442 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 11 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-20 - Affordable Housing 91.520(b) Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low -income, low-income, moderate-income, and middle-income persons served. One-Year Goal Actual Number of Homeless households to be provided affordable housing units 50 382 Number of Non-Homeless households to be provided affordable housing units 318 0 Number of Special-Needs households to be provided affordable housing units 75 0 Total 443 382 Table 11 – Number of Households One-Year Goal Actual Number of households supported through Rental Assistance 75 45 Number of households supported through The Production of New Units 79 0 Number of households supported through Rehab of Existing Units 239 0 Number of households supported through Acquisition of Existing Units 50 0 Total 443 45 Table 12 – Number of Households Supported Discuss the difference between goals and outcomes and problems encountered in meeting these goals. The City of San Bernardino will continue to evaluate and assess the goals and outcomes identiifed in the 2020-2024 Five Year Consolidated Plan. For FY 2020-2021, progrss toward meeting the City's first year of the five-year goals and objectives was a challenge. The City declared a State of Emergency on June 25, 2020, due to the Covid-19 Pandemic, which made it very difficult for the City to be able to meet its first year of it goals and objectives. 8.a Packet Pg. 443 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 12 OMB Control No: 2506-0117 (exp. 09/30/2021) The City met 60% its annual goal for the number of households. The shorfall between the City's one- year goal and the actual was due to the City needing to prioritize and work with the chronically homeless through the City's street outreach program. The chronically homeless are difficult to house especially during these difficult times. The City continued to face challenges as a result of the Covid-19 pandemic, which was an impact the City faced in mid March of 2020. On June 25, 2020, the City of San Bernardino officially declared the City as a disaster area due to the new coronavirus known as SARS-Co V-2 first detected in Wuhan, Hubei Province, People’s Republic of China, causing outbreaks of the coronavirus disease COVID-19 that has spread globally. As a consequence, the City is facing challenges in ensuring appropriate measures on how to prevent, prepare and respond to this pandemic. Many of its programs came to a halt negatively causing the ability to meet its goals and outcomes. Discuss how these outcomes will impact future annual action plans. The City will continue to assess its progress in meeting its Consolidated Plan goals and objectives and make adjustments as necessary. The outcomes not met this program year due to COVID-19 will need to be carried over to future annual action plans. 1. The City partnered with Step Up On Second to permanently house 30 chronically homeless persons using the Housing First Model in PY 2020-2021. 2. Infill lots - there was no activity, due to the Pandemic affecting the production of homes. Therefore, this program will continue in FY 2021-2022. Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity. Number of Households Served CDBG Actual HOME Actual Extremely Low-income 0 0 Low-income 0 0 Moderate-income 0 0 Total 0 0 Table 13 – Number of Households Served Narrative Information Due to the pandemic, there was no activity, therefore, there are no numbers to report. 8.a Packet Pg. 444 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 13 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City's Homeless Street Outreach Team continues to provide daily mobile outreach to the most service-resistant homeless population in San Bernardino. The Outreach Team will have generally engaged about 400 homeless individuals per year. During PY 2020-2021 the City continues to support the efforts of its service providers in ending homelessness through the Regional Continuum of Care strategy. In terms of reaching out to homeless persons, the City continued with its initial objective of the Homeless Street Outreach Team. The City contracted with Step Up on Second, whose goal was to enhance the quality of life of residents of the City by meeting the social services needs of those within City boundaries who are experiencing chronic homelessness and mental health issues and/or chronic medical conditions. Their program consisted of street-based outreach and engagement. Outreach Workers assisted individuals with a variety of services that ranged from getting vital documents to medical services; transition into permanent supportive housing with case management. They also linked homeless persons and families to permanent supportive housing. Step Up on Second served and made connections with a total of 208 persons. 103 persons were linked to services within the City. 30 households were housed. Addressing the emergency shelter and transitional housing needs of homeless p ersons The City continues to fund various organizations that provide emergency shelter and transitional housing for the homeless. During PY 2020-2021, ESG funds were awarded to the following non-profit agencies that specialize in providing support services and emergncy shelter to homeless populations: ï¿· Family Service Association of Redlands served 113 persons under Emergency Shelter/Motel Voucher, ï¿· Lutheran Social Services served 210 persons in their shelter. ï¿· Salvation Army - Hospitality House served 172 women and children. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs 8.a Packet Pg. 445 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 14 OMB Control No: 2506-0117 (exp. 09/30/2021) The City of San Bernardino continues to fund various non-profit organizations that address the needs of low income residents that are at risk of becoming homeless. With the collaboration of these non-profit organizations and the City, a total of 135 persons were served. Case management, rapidly reconnecting them to permanent housing, Rapid Re-Housing, rental assistance and homelessness prevention were done when these non-profit organizations assisted their low-income individual clients and families. The Coordinated Entry System (CES) was used for clients to quickly identify, assess, refer and connect clients to housing assistance and services. Those clients exiting institutions or experiencing a housing crises were connected to CES to quickly place them in shelter while getting case management to place them in some type of housing. Once the clients were placed in either a shelter or housing, case management was still provided until the client was stabilized. During PY 2020-2021, ESG funds were awarded to the following non-profit agencies that specialize in providing support services and Homelessness Prevention/Rapid Re-Housing to those that can become homeless: ï¿· Community Action Partnership of San Bernardino served a total of 22 persons. 22 persons were served under Homelessness Prevention. ï¿· Family Service Association of Redlands served 1 person under Homelessness Prevention. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again In PY 2020-2021, The City provided ESG funding to Step Up On Second that provides essential service referrals and housing placement services to homeless and near-homeless persons. They also provide daily street outreach to the most service-resistant homeless population in San Bernardino. Step Up on Second served 208 persons. 30 households were housed. The funding for Step Up on Second will continue through PY 2021-2022. 8.a Packet Pg. 446 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 15 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-30 - Public Housing 91.220(h); 91.320(j) Actions taken to address the needs of public housing The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). HACSB administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the entire monthly rental payment. Actions taken to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, and therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. As for homeownership opportunities, the City has implemented an Infill Housing Program that uses HOME funds to construct housing units on City-owned or Redevelopment Agency owned parcels which are sold to low-income qualified homebuyers. Accomplishments for this program will be reported in PY 2020- 2021, since there was no activity in PY 2020-2021. The City also works with Inland Fair Housing and Mediation Board and Neighborhood Partnerships Housing Services, Inc. to provide First Time Homebuyer workshops to educate potential borrowers in the complete process of purchasing a home. These agencies also provide other services such as Default/Foreclosure Prevention and Reverse Mortgage counseling services; and financial education workshops that help homeowners preserve their housing. Actions taken to provide assistance to troubled PHAs The Housing Authority of the County of San Bernardino (HACSB) accepts applications for Section 8 Project-Based housing for families and senior households. Each year HUD reviews and scores the housing authority’s Section 8 program management based on 14 different criteria. This score is a reflection of how well the Housing Authority manages the Section 8 waiting list, the physical quality of housing assisted with Section 8 and the financial management of the program. As a “Moving to Work Demonstration” provider, HACSB is not subject to the traditional Public Housing Authority (PHA) and Section Eight Management Assessment Program (SEMAP) scoring; however, HACSB is a “High Performer” agency per HUD standards 8.a Packet Pg. 447 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 16 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City is currently working on a comprehensive update to the Development Code and will soon begin work of a new General Plan. A consultant has been chosen to develop the General Plan, which has begun with community engagement in January/February 2021. The work includes eliminating constraints, with respect to land use regulations, by developing and adopting a new Development Code that unifies and simplifies the City’s development regulations and processes, and a new General Plan that will include land use designations to facilitate the development of housing and mixed-use development. The City is identifying its obstacles that slow down the City's housing pipeline and working to improve the enabling environment that includes internal and external policies and constraints. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot consolidation and the reuse conversion of commercial space to housing. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City will amend the Development Code to reflect the latest amendments to State density bonus law. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing in order to eliminate confusion and facilitate the review and approval process for this housing type. Streamlined Processing - The City is committed to continuing the streamlining of development activities and is applying for an SB2 planning grant that will assist with streamlining. The City will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a Conditional Use Permit (CUP) for certain qualified projects. Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.3 20(j) 8.a Packet Pg. 448 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 17 OMB Control No: 2506-0117 (exp. 09/30/2021) The greatest obstacle to meeting the needs of the underserved is a lack of public and private resources to fully address the priorities identified in this Consolidated Plan. The City of San Bernardino has targeted its CDBG, HOME and ESG in PY 2020-2021 to fund activities that meet the needs of the underserved. Additionally, the City is working with the Center for Community Investments (CCI) and Dignity Health in the Accelerating Investments in Healthy Communities (AIHC) initiative whose goal is to address the housing and health needs of the underserved in our community. Actions taken: 1. Development of Owner Occupied Rehabilitation to address health and safety needs of owner occupants; 2. ESG Street Outreach 3. Infill Housing utilizing blighted vacant lots for new owner housing to improve neighborhoods. Due to lack of public resources the City has partnered in order to leverage additional resources with the Mexican Consulate, Inland Empire Small Business Development Center to train prospective future small business owners. Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) An estimated 17,809 housing units occupied by low- and moderate-income households in San Bernardino may contain lead-based paint; this constitutes approximately 27% of the City's housing stock. To reduce possible lead-based paint hazards, the City has taken the following actions: ï¿· Included lead testing and abatement procedures in all rehabilitation activities, where appropriate. ï¿· Monitored the lead-poisoning data maintained by the San Bernardino County Department of Health Services. ï¿· Educated owner occupants, participating in City funded rehab programs on the health hazards of lead-based paint through the use of brochures and encouraged screening children for elevated blood- lead levels. ï¿· Sent housing staff to the Lead Safe Housing Rule Amendment Training. Sent subrecipient/CHDO staff to the Lead Safe Housing Rule Amendent Training. Procedurally, the City will continue to monitor the HUD website for any revisions to the lead-paint hazards regulations and ensure that the City’s policies and procedures remain current. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) 8.a Packet Pg. 449 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Actions taken to reduce the number of poverty-level families in PY 2020-2021: • The City established a First Time Homebuyer program (Infill Housing), which instead of requiring that a family resell their home to another low-income household, utilizes recapture provisions to allow a family to capture the equity in their house, thus accumulating wealth which is the most effective way of reducing the number of poverty level households. • The City funded five (5) subrecipients under the ESG grant: Community Action Partnership of San Bernardino County, which they assisted clients with Homelessness Prevention; Family Service Association of Redlands, that assisted clients with Emergency Shelter/Motel Voucher, and Homelessness Prevention; Lutheran Social Services assisted clients with Emergency Shelter; Step Up on Second assists clients with Street Outreach; and The Salvation Army Hospitality House, which they assisted women and children with Emergency Shelter. Actions taken to develop institutional structure. 91.220(k); 91.320(j) There are a variety of agencies, local governments, non-profit organizations, businesses and financial institutions play a vital role in carrying out San Bernardino’s housing and community development goals and objectives. The relationships and interaction of these entities as they work toward achieving these goals and objectives is referred to as institutional structure. As the lead for the City's 2020-2024 Consolidated Plan, the City’s Community and Economic Development Department analyzes its performance in addressing the community’s housing and community development needs and develops strategies to improve its institutional structure. The City has revised its policies and procedures for CDBG, OORP, and ESG. The City has an organizational chart for its Community and Economic Development Department and Housing Division functions. If and when the opportunity arises, City staff will attend trainings such as HEROS, HOME, IDIS, CDBG, and Lead Based Paint. In conjunction with other City departments, such as Public Works, Parks, Recreation and Community Services, staff will continue to identify the community's greatest needs and allocate resources accordingly. Staff will continue to work with for-profit and non-profit developers and lenders to facilitate the improvement, preservation, and/or creation of affordable housing opportunities for low and moderate income households within the City. Furthermore, the City will continue to work on coordinating activities with County of San Bernardino agencies such as the Department of Behavioral Health, Community Development and Housing Agency, CAPER 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Office of Homeless Services and the San Bernardino County Housing Authority to continue to meet the needs of the City's special needs populations by providing services and affordable housing opportunities. 8.a Packet Pg. 450 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 19 OMB Control No: 2506-0117 (exp. 09/30/2021) In addition, the City will continue to improve internal processes regarding the allocation and administration of all federal and state funded programs by identifying structural gaps and enhancing protocols to allow for greater accuracy in reporting and monitoring. Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j) During PY 2020-2021, the City made the following progress toward improving communication and coordination between itself, nonprofit service organizations, and residents: • The City improved its Notice of Funding Availability (NOFA) application for federal funding and housing staff held public meetings to announce the release of the CDBG Program NOFA, to explain the application process and answer questions. • The City posted its Consolidated Plan, Action Plan, CAPER, and Notice of Funding Availability (NOFA) for federal funds on the City’s website (www.sbcity.org). • The City has developed a two year affordable housing pipeline to identify projects and capital needs. Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) Each year the City pledges to affirmatively further fair housing and take appropriate actions to overcome the effects of the impediments to fair housing that are identified in the City’s five-year planning document called the Analysis of Impediments (A.I.) to Fair Housing Choice (A.I.). HUD guidance indicates that the City must report on the actions taken during the fiscal year to overcome the effects of private sector. Accomplishments were made during PY 2020-2021 in the City of San Bernardino's A.I. 8.a Packet Pg. 451 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 20 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-40 - Monitoring 91.220 and 91.230 Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehen sive planning requirements As the lead for the City's Consolidated Plan, the Community and Economic Development Department is continually improving its standards and procedures to monitor the performance and effectiveness of housing and community development activities. The Community and Economic Development Department is responsible to monitor all housing projects and federal compliance of housing and non- housing projects funded with CDBG, HOME, and ESG. It undertakes two types of monitoring: program monitoring (which includes the Minority Business Outreach efforts) and Consolidated Plan monitoring. Both types of monitoring ensure the success of Consolidated Plan projects and activities. Program Monitoring The City implements several monitoring techniques in which to assess the effectiveness of its activities. These techniques include a mandatory Subrecipient Training Workshop with its subgrantees to discuss methods for complying with federal and city requirements prior to the start of the fiscal year, and a combination of desk review and on-site monitoring techniques to ensure on-going compliance of Federally-funded activities. Minority Business Outreach As an Entitlement recipient of CDBG, HOME and ESG funds, the City of San Bernardino is required to provide business opportunities to minority and women-owned businesses in connection with the activities funded through the CDBG, HOME, and ESG grant. To comply with these requirements, the City participated in outreach events for disadvantaged business enterprises, posted its bid documents on the City's website and other e-Procurement websites where potential bidders may obtain these request for bids through the internet. The City also encourages MBE-WBE firms to compete for CDBG, HOME and ESG construction contacts. City staff ensures the Contractor-Subcontractor Activity Report and the MBE-WBE Summary report is submitted to the HUD as required. Consolidated Plan Monitoring Staff oversaw the planning and budgeting process to ensure that federally-funded activities were consistent with the Consolidated Plan’s identified high- and possibly medium-priority objectives and grant requirements. Staff also provided technical guidance regarding program structure, income requirements, and document compliance. For IDIS, staff gathered quarterly program statistical reports and updated all necessary fields from setup to completion of each project and activity. Environmental reviews records were prepared for each federally-funded activity and monitoring of construction activities that triggered Davis-Bacon and Federal Labor compliance was conducted. The City will continue to monitor the progress of its PY 2020-2021 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars. 8.a Packet Pg. 452 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Plan 91.105(d); 91.115(d) Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports. The City encouraged public participation in the review and assessment of PY 2020-2021 by making the draft CAPER available for public review and comment beginning September 5, 2021 and up to and including October 5, 2021. A notice was published in El Chicano (Spanish) on September 2, 2021 and in the San Bernardino Sun (English) on September 5, 2021 inviting the public to comment on the draft CAPER. The CAPER was also made available on the City’s website, the City’s Information Center, and the City’s Community and Economic Development webpage. See attached copy of these notices. The City held a public hearing on the CAPER and the City’s performance for Program Year 2020-2021 on October 6, 2021 at 7:00 p.m. in the City of San Bernardino Council Chambers at Feldheym Public Library. No comments from the public were received by the City. 8.a Packet Pg. 453 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 22 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-45 - CDBG 91.520(c) Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences. There was no activity in areas such as jobs created/retained, direct financial assistance to homebuyers because the City's department does not have enough staff to oversee the prgrams. These adjustments were made during the PY 2020-2021. The City will continue to monitor the progress of its PY 2020-2021 Consolidated Plan goals and objectives and make any necessary adjustments to ensure the effective use of these federal dollars. All funds were used to meet a qualified national objective. For activities that served a target clientele that was not presumed to be primarily low- and moderate-income, the City or its designated subrecipients documented household income. CDBG funds were not used on a project that led to the displacement or relocation of a household or business. The City does have an existing Section 108 guaranteed loan. However, in PY 2020-2021, there are no accomplishments to report nor program income generated for this loan. The City has requested a review from the State Department of Finance relative to the sale of the Section 108 property. It is anticipated that early next year, 2022, the State Department of Finance will approve the sale. Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants? No [BEDI grantees] Describe accomplishments and program outcomes during the l ast year. 8.a Packet Pg. 454 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 23 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-50 - HOME 91.520(d) Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on-site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation. Due to only one staff in the Housing Division attending other time constraint projects, those units that were scheduled for PY 2020-2021 and not inspected will be inspected during the PY 2021-2022. The City is developing a Housing Compliance position to undertake the inspection of rental units. The City has completed a schedule and anticipates having inspections completed by the end of PY 2021- 2022 so it may be able to report its results in the PY 2021-2022 CAPER. Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units. 92.351(b) According to the regulations, HOME rental projects consisting of five or more assisted units must include and adhere to affirmative marketing procedures and requirements. For each HOME project the city undertakes, that triggers this requirement, an affirmative marketing plan is developed. Each Affirmative Marketing Plan includes the following: § List of methods to inform the public, owners and potential tenants about fair housing laws and the City’s marketing policy; § Description of the efforts that will be made to conduct affirmative market housing units assisted with HOME funds. § Owners and leasing agents will place advertisements to market HOME-assisted units through local sources, public agencies and social service organizations; § Description of outreach efforts to people not likely to apply for housing without special outreach. These efforts will include the distribution of marketing materials to organizations that likely have contact with these populations; § Maintenance of records to document actions taken to affirmatively market HOME-assisted units and to assess marketing effectiveness; and § Description of actions that will be taken if requirements are not met 8.a Packet Pg. 455 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 24 OMB Control No: 2506-0117 (exp. 09/30/2021) Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing). 91.320(j) With approximately 33% of the City’s families below the poverty level, the need for affordable housing continues to be a priority for the City. To foster and maintain affordable housing in San Bernardino, the City has the following goals: • Expand homeownership opportunities • Provide access to fair housing services • Preserve and Rehabilitate Housing For PY 2019-2020, actions taken by the City to foster and maintain affordable housing include: • Collaborated with Housing Partners I and Neighborhood Partnership Housing Services (designated CHDOs) to develop single-family homes on vacant city-owned properties to be sold to income-qualified families • Initiated the Owner Occupied Residential Rehabilitation Program that provides financial assistance to income-qualified San Bernardino homeowners to make necessary repairs to their homes. • Funded Step Up On Second. Housed 30 chronically homeless persons. CR-60 - ESG 91.520(g) (ESG Recipients only) ESG Supplement to the CAPER in e-snaps For Paperwork Reduction Act 1. Recipient Information—All Recipients Complete Basic Grant Information Recipient Name SAN BERNARDINO Organizational DUNS Number 073604563 8.a Packet Pg. 456 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 25 OMB Control No: 2506-0117 (exp. 09/30/2021) EIN/TIN Number 956000772 Indentify the Field Office LOS ANGELES Identify CoC(s) in which the recipient or subrecipient(s) will provide ESG assistance San Bernardino City & County CoC ESG Contact Name Prefix Mr First Name Michael Middle Name A Last Name Huntley Suffix 0 Title Director of Community and Economic Development ESG Contact Address Street Address 1 290 N D Street Street Address 2 0 City San Bernardino State CA ZIP Code 92418- Phone Number 9093845357 Extension 0 Fax Number 0 Email Address huntley_mi@sbcity.org ESG Secondary Contact Prefix Ms First Name Gretel Last Name Noble Suffix 0 Title Housing Manager Phone Number 9093847270 Extension 0 Email Address Noble_gr@sbcity.org 2. Reporting Period—All Recipients Complete Program Year Start Date 07/01/2020 Program Year End Date 06/30/2021 8.a Packet Pg. 457 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 26 OMB Control No: 2506-0117 (exp. 09/30/2021) 3a. Subrecipient Form – Complete one form for each subrecipient Subrecipient or Contractor Name: COMMUNITY ACTION PARTNERSHIP OF SAN BERNARDINO COUNTY City: San Bernardino State: CA Zip Code: 92408, 2607 DUNS Number: 144663296 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 54446 Subrecipient or Contractor Name: CENTRAL CITY LUTHERAN MISSION City: San Bernardino State: CA Zip Code: 92405, 5045 DUNS Number: 179884713 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 70000 Subrecipient or Contractor Name: The Salvation Army, 180 E City: Long Beach State: CA Zip Code: 90802, 4708 DUNS Number: 074629460 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 72444 Subrecipient or Contractor Name: Step Up on Second City: San Bernardino State: CA Zip Code: 92408, 1016 DUNS Number: 362990244 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 86168 8.a Packet Pg. 458 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Subrecipient or Contractor Name: Family Service Association of Redlands City: Redlands State: CA Zip Code: 92374, 3013 DUNS Number: 153691985 Is subrecipient a victim services provider: N Subrecipient Organization Type: Other Non-Profit Organization ESG Subgrant or Contract Award Amount: 63000 8.a Packet Pg. 459 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 28 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-65 - Persons Assisted 4. Persons Served 4a. Complete for Homelessness Prevention Activities Number of Persons in Households Total Adults 127 Children 9 Don't Know/Refused/Other 0 Missing Information 0 Total 136 Table 16 – Household Information for Homeless Prevention Activities 4b. Complete for Rapid Re-Housing Activities Number of Persons in Households Total Adults 0 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 0 Table 17 – Household Information for Rapid Re-Housing Activities 4c. Complete for Shelter Number of Persons in Households Total Adults 292 Children 90 Don't Know/Refused/Other 0 Missing Information 0 Total 382 Table 18 – Shelter Information 8.a Packet Pg. 460 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 29 OMB Control No: 2506-0117 (exp. 09/30/2021) 8.a Packet Pg. 461 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 30 OMB Control No: 2506-0117 (exp. 09/30/2021) 4d. Street Outreach Number of Persons in Households Total Adults 144 Children 0 Don't Know/Refused/Other 0 Missing Information 0 Total 144 Table 19 – Household Information for Street Outreach 4e. Totals for all Persons Served with ESG Number of Persons in Households Total Adults 563 Children 99 Don't Know/Refused/Other 0 Missing Information 0 Total 662 Table 20 – Household Information for Persons Served with ESG 5. Gender—Complete for All Activities Total Male 457 Female 205 Transgender 0 Don't Know/Refused/Other 0 Missing Information 0 Total 662 Table 21 – Gender Information 8.a Packet Pg. 462 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 31 OMB Control No: 2506-0117 (exp. 09/30/2021) 6. Age—Complete for All Activities Total Under 18 156 18-24 401 25 and over 105 Don't Know/Refused/Other 0 Missing Information 0 Total 662 Table 22 – Age Information 7. Special Populations Served—Complete for All Activities Number of Persons in Households Subpopulation Total Total Persons Served – Prevention Total Persons Served – RRH Total Persons Served in Emergency Shelters Veterans 21 1 0 20 Victims of Domestic Violence 0 0 0 0 Elderly 0 0 0 0 HIV/AIDS 0 0 0 0 Chronically Homeless 64 0 0 64 Persons with Disabilities: Severely Mentally Ill 0 0 0 0 Chronic Substance Abuse 0 0 0 0 Other Disability 0 0 0 0 Total (Unduplicated if possible) 0 0 0 0 Table 23 – Special Population Served 8.a Packet Pg. 463 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 32 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-70 – ESG 91.520(g) - Assistance Provided and Outcomes 10. Shelter Utilization Number of New Units - Rehabbed 0 Number of New Units - Conversion 0 Total Number of bed-nights available 9,000 Total Number of bed-nights provided 5,000 Capacity Utilization 55.56% Table 24 – Shelter Capacity 11. Project Outcomes Data measured under the performance standards developed in consultation with the CoC(s) In PY 2020-2021, the City's ESG subrecipients demonstrated the financial management and programmatic expertise to successfuly develop, implement and monitor the ESG-funded activities. Each subrecipient met its client goals and objectives. Each subrecipient participated in HMIS, making sure each client was screened, evaluated and determine the eligibility of each individual or family's eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. This was a challenge despite the pandemic everyone was and is still facing. 8.a Packet Pg. 464 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 33 OMB Control No: 2506-0117 (exp. 09/30/2021) CR-75 – Expenditures 11. Expenditures 11a. ESG Expenditures for Homelessness Prevention Dollar Amount of Expenditures in Program Year 2018 2019 2020 Expenditures for Rental Assistance 28,716 18,398 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Prevention under Emergency Shelter Grants Program 0 0 0 Subtotal Homelessness Prevention 28,716 18,398 0 Table 25 – ESG Expenditures for Homelessness Prevention 11b. ESG Expenditures for Rapid Re-Housing Dollar Amount of Expenditures in Program Year 2018 2019 2020 Expenditures for Rental Assistance 17,245 10,300 0 Expenditures for Housing Relocation and Stabilization Services - Financial Assistance 0 0 0 Expenditures for Housing Relocation & Stabilization Services - Services 0 0 0 Expenditures for Homeless Assistance under Emergency Shelter Grants Program 0 0 0 Subtotal Rapid Re-Housing 17,245 10,300 0 Table 26 – ESG Expenditures for Rapid Re-Housing 11c. ESG Expenditures for Emergency Shelter Dollar Amount of Expenditures in Program Year 2018 2019 2020 Essential Services 0 0 0 Operations 101,184 54,773 0 Renovation 0 0 0 8.a Packet Pg. 465 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Major Rehab 0 0 0 Conversion 0 0 0 Subtotal 101,184 54,773 0 Table 27 – ESG Expenditures for Emergency Shelter 11d. Other Grant Expenditures Dollar Amount of Expenditures in Program Year 2018 2019 2020 Street Outreach 29,609 38,693 0 HMIS 20,000 0 0 Administration 16,754 16,506 0 Table 28 - Other Grant Expenditures 11e. Total ESG Grant Funds Total ESG Funds Expended 2018 2019 2020 352,178 213,508 138,670 0 Table 29 - Total ESG Funds Expended 11f. Match Source 2018 2019 2020 Other Non-ESG HUD Funds 0 0 0 Other Federal Funds 283,117 131,231 0 State Government 0 0 0 Local Government 279,889 0 0 8.a Packet Pg. 466 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report CAPER 35 OMB Control No: 2506-0117 (exp. 09/30/2021) Private Funds 86,840 91,504 0 Other 250,000 11,101 0 Fees 0 0 0 Program Income 0 0 0 Total Match Amount 899,846 233,836 0 Table 30 - Other Funds Expended on Eligible ESG Activities 11g. Total Total Amount of Funds Expended on ESG Activities 2018 2019 2020 1,485,860 1,113,354 372,506 0 Table 31 - Total Amount of Funds Expended on ESG Activities 8.a Packet Pg. 467 Attachment: Attachment 1 - FY 2020/21 CAPER (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Evaluation Report This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3507448 MARIA A. GALLEGOS SAN BERNARDINO CITY/COMM DEV 290 NORTH D ST SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB Notice of a Public Review/Comment and Hearing to be I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/05/2021 09/07/2021 SAN BERNARDINO !A000005820361! Email City of San Bernardino City Council Notice of a Public Review/Comment and Hearing to be Held o n Oc tober 6th,2021 INFORMATIO N AVAILABL E: Pursuant to the United States Department of Housing and Urban Development (HUD)regulations, the City of San Bernardino has prepared the draft Consolidated Annual Performance Evaluation Report (CAPER)for the FY 2020- 2021 Program Year.The CAPER provides an assessment of the City's performance in meeting housing and community development goals as outlined in the previously adopted FY 2020-2021 Annual Action Plan. Additionally,the CAPER discusses any potential changes the City may anticipate making in the upcoming year as a result of the assessment. Also,The City of San Bernardino is an entitlement jurisdiction that receives Community Development Block Grant (CDBG),HOME Investments Partnership (HOME) and Emergency Solutions Grant (ESG)funds directly from HUD.As a condition to receiving these funds, each year the City must submit to HUD a One-Year Action Plan that explains how the City intends to invest these federal funds toward meeting its community development and affordable housing needs. CITIZEN INVOLVEMENT :The City of San Bernardino will hold a public hearing to receive public comments on the draft CAPER to FY 2020-2021. You are invited to attend a public hearing to be held by the City of San Bernardino on Wedne sday,Oc tober 6,2021,at 7:00 p.m.in the City of San Bernardino Council Chambers at Feldheym Public Library,555 West 6th Street,San Bernardino,CA 92401 to provide public comment on the CAPER. NOTE:The City of San Bernardino encourages citizen participation in the CDBG,HOME Investment Partnerships (HOME)and ESG Programs grant management process.A copy of the FY 2020-2021 CAPER will be available for public review and comment period, beginning Sunday September 5,2021 and up to and including Tuesday October 5,2021,on the City's website at www.ci.san-bernardino.ca.us,the 8.b Packet Pg. 468 Attachment: Attachment 2 - Proof of Publication - The Sun (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and City's Community and Economic Development website at www.ci.san- bernardino.ca.us/cityhall/communit y_n_economic_development and at the following location: •City of San Bernardino --- Information Center 290 North "D"Street,,San Bernardino,CA 92401 •City of San Bernardino - Community Development ---Housing Division 201 North "E"Street,San Bernardino, CA 92401 •Feldheym Public Library -555 W. 6th Street,San Bernardino,CA 92401 SPECIAL ACCO MODA TIONS : It is the intention of the City of San Bernardino to comply with the Americans with Disabilities Act in all respects.For persons needing special accommodations to access the virtual meetings,please contact the City Clerk at 909-384-5002. PUBLIC COM MENT OPTIONS: If you are interested in participating in the discussion of the FY 2020-2021 CAPER,please attend the October 6th,2021,hearing.If you are unable to attend the hearing,written comments will be accepted until 12:00 p.m.on Wednesday,October 6th,2021,at the Housing Division at the address listed below. CITY CONTACT:For more information,call the City of San Bernardino Housing Division at 909- 384-7267. PUBLISHED:September 5,2021 (San Bernardino Su n) 9/5/21 SBS-3507448# 8.b Packet Pg. 469 Attachment: Attachment 2 - Proof of Publication - The Sun (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and AYUNTAMIENTO DE LA CIUDAD DE SAN BERNARDINO REVISIÓN PÚBLICA Y AVISO DE AUDIENCIA PÚBLICA QUE SE LLEVARÁ A CABO EL 6 DE OCTUBRE, 2021 Información General: En conformidad con los reglamentos del Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos (HUD, por sus siglas en inglés), el Ayuntamiento de la Ciudad de San Bernardino ha preparado una versión provisional del Reporte Consolidado de Evaluación del Desempeño Anual (CAPER, por sus siglas en inglés) para el Año Fiscal 2020- 2021. El CAPER evalúa el progreso de la Ciudad en las metas establecidas en el Plan Anual de Desempeño 2020-2021, y propone cambios basados en la evaluación. La Ciudad de San Bernardino recibe fondos directamente de HUD bajo los programas Community Development Block Grant (CDBG), HOME Investments Partnership (HOME) and Emergency Solutions Grant (ESG). Como condición para recibir estos fondos, cada año la Ciudad debe enviar a HUD un Plan de Acción Anual que explica cómo la Ciudad desea invertir estos fondos federales para cumplir metas para el desarrollo de la comunidad y viviendas económicas. Participación Pública: La Ciudad de San Bernardino llevará a cabo una audiencia pública para recibir comentarios públicos sobre el CAPER para el año fiscal 2020-2021. La Ciudad de San Bernardino promueve la participación de los ciudadanos en el proceso de planificación. Es por eso que, mediante la presente, se les invita a participar en la audiencia pública y exponer sus comentarios acerca del reporte CAPER 2020-2021. La audiencia pública se llevará a cabo el miércoles 6 de octubre de 2021 a las 7:00 pm en el Ayuntamiento de la Ciudad de San Bernardino ubicado en la Biblioteca pública de Feldheym - 555 W. 6th Street, San Bernardino, CA 92401. Nota: Una copia del CAPER 2020-2021 estará disponible para revisión pública y periodo de comentarios a partir del domingo 5 de septiembre de 2021 y hasta e incluyendo el martes 5 de octubre de 2021, en el sitio web de la Ciudad en www.ci.san-bernardino.ca.us y el sitio web de Desarrollo Económico y Comunitario de la Ciudad y en la siguiente ubicación: • Ciudad de San Bernardino - Oficina de Información - 290 N. “D” St., San Bernardino, CA 92401 • División de Vivienda de la Ciudad de San Bernardino - 201 North E Street, San Bernardino CA 92401 • Biblioteca pública de Feldheym - 555 W. 6th Street, San Bernardino, CA 9240 Acomodaciones Especiales: Es la intención de la Ciudad de San Bernardino cumplir con la Ley Estadounidenses con Discapacidades en todos los aspectos. Para las personas que necesitan adaptaciones especiales para acceder a las reuniones virtuales, comuníquese con la secretaria de la ciudad al 909-384-5002. Comentario Público: (Opciones) Si está interesado en participar en la discusión del CAPER 2020- 2021, por favor asista a la audiencia del 6 de octubre de 2021. Si no puede estar presente en la audiencia pública, puede enviar comentarios por escrito a la División de Vivienda de la Ciudad a la dirección escrita abajo. Sus comentarios serán aceptados hasta las 12:00 pm del 5 de octubre de 2021. Para más Información: Para mayor información, comuníquese con la División de Vivienda de la Ciudad de San Bernardino al (909) 384-7267. Fecha de publicación 2 de septiembre, 2020 (El Chicano) Published El Chicano September 2, 2021 E-8189 8.c Packet Pg. 470 Attachment: Attachment 3 - Proof of Publication - El Chicano (8570 : Submittal of the FY 2020/21 Consolidated Annual Performance and Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Remote Public Comments (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report outlining the remote option to provide public comments. Background Due to the State of Emergency, which was declared by the Governor of Califo rnia during the COVID-19 public health crisis, the City of San Bernardino began holding Mayor and City Council meetings remotely as of March 2020. Before this declaration, meetings were held in person and were open to the public. The public had the option to submit comments to the meeting body either in-person or through email to the City Clerk’s office. After the State of Emergency was declared, in -person meetings ceased, and meetings began to be conducted via Zoom, a remote meeting teleconferencing platform. Members of the public were able to leave a recorded message with the City Clerk’s Office in addition to submitting a written email to provide public comment. When in - person meetings resumed on July 21, 2021, public comments resumed in -person. At the August 18, 2021, Mayor and City Council meeting, the Mayor and City Council directed staff to explore options on how to continue remote public comments. Discussion Prior to and during the return to in-person meetings in July 2021, residents expressed their concern regarding no longer having the ability to make remote public comments, other than through the written comment process. COVID -19 is still active in our community and the new Delta variant is actively spreading; therefore, many community members have commented on the risks of attending in -person meetings. Residents, staff, and the Mayor and City Council have expressed interest in providing additional options for public comments, which will allow residents and community stakeholders another option to engage in current events and projects within the City. Staff has determined the most effective and efficient method for real -time, remote public comments, that is in line with the new Assembly Bill (“AB”) 361 legislation , is via a meeting teleconferencing platform such as Zoom. AB361, which was signed into law on 9 Packet Pg. 471 8564 Page 2 September 16, 2021, amends Government Code section 54953 to provide authority and specific requirements for public agencies to hold virtual meetings during certain states of emergency and remain in compliance with the Brown Act (Gov. Code §§ 54950 et seq.). The full application of AB361 commenced on October 1, 2021. The ability to provide real-time, remote public comments, will ensure public input is heard during Mayor and City Council meetings. It also offers the public, participating remotely, the same time allowance and consideration as those participating in -person and the ability to respond to comments made by others. All persons attending Mayor and City Council meetings will hear and see the commenter, just as they would if they were speaking in person. Virtual public comments will be “live” during the Mayor and City Council meetings. To join by Zoom or another virtual meeting platform, the public will be provided a web link and call-in phone number when the agenda is posted. Speakers will then be prompted during the meeting when it is time for: 1. Closed Session agenda item(s); 2. Open session agenda or non-agenda item(s); and/or 3. Public hearing items. In-person comments will be heard first, followed by remote speakers. Each speaker will be provided three (3) minutes to speak unless otherwise announced by the meeting Chair. Once all public comments have been heard, staff will disconnect from the virtual platform and return to regularly scheduled meeting activities. The virtual platform will strictly be used to allow public comment participation and will not be used as a method to view the meeting. The meeting can be viewed through options provided by the City, which are live streaming through the City’s website or broadcasting on the local cable channel. 2020-2025 Key Strategic Targets and Goals Allowing remote public comments aligns with Key Target No. 2A: Focused, Aligned, Leadership and Unified Community - Develop and implement a community engagement plan. By allowing the public multiple options to provide their concerns and opinions, the city presents a transparent and cohesive process to ensure that residents have fair representation in government that reflects their interests. Fiscal Impact There is no fiscal impact to the City by allowing remote public comments. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report outlining the remote option to provide public comments. Ward: All 9 Packet Pg. 472 8564 Page 3 Synopsis of Previous Council Actions: March 18, 2020 The Mayor and City Council by Resolution No. 2020 -51 ratified Proclamation 2020-01 proclaiming the existence of a local emergency. April 21, 2021 The Mayor and City Council made the decision to resume in -person Meetings. August 18, 2021 Mayor and City Council directed staff to explore options for remote public comments. 9 Packet Pg. 473 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Smart City Technology (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on Smart City Technology. Background Three of the most impressive and widely known technological advances of the past 20 years, has been the emergence of the Internet, Wi-Fi, and Bluetooth connections. Together these technologies represent the premier tools for the telecommunication of information, and connectedness of humans and devices across the world. As the Internet, Wi-Fi, and Bluetooth technologies have become more advanced, so have devices, which has led to an entire category known as “Smart Technology”. “Smart” (Self-Monitoring, Analysis and Reporting) is a common definition for devices that have some form of automation or remote connection capability. A Smart device could connect to a network for control over internet, Bluetooth or Wi-Fi. An example would be a sensor that can detect the temperature in a room and adjust the thermostat over Bluetooth. A Smart device can also be as simple as a coffee maker that’s programed with an automation to begin brewing at a specific time each day. Smart technologies have mostly been employed in vehicles and homes in the recent past, but due to the constant emergence of new devices and the goal of cities to provide better service and quality of life to its residents, a new framework has developed called “Smart City Technology.” Discussion Smart City Technology at its core adds digital intelligence to existing urban or ex -urban systems, and collects data that can be used by decision makers to deliver a better quality of life to residents. In many circumstances, real time data would give departments and agencies within a City the ability to monitor events as they unfold , conduct analysis, and make short-term or long-term decisions. The overall goal of a Smart City would be to use technology and data to enhance service delivery, and customer satisfaction, while improving organizational efficiency and the deployment of resources. How it Works: There are three (3) main elements to all smart technologies including Smart City Technologies: 10 Packet Pg. 474 8558 Page 2 1. Smartphones or sensors where raw data is collected. a. Example - Weather, traffic, or road sensor. 2. Applications or software programs that translate raw data into insight or an alert. a. Example - Weather, traffic, or road monitoring program. 3. Analysis by the end user to make better informed decisions. a. Homeowner, business owner, or City employees. Common Initiatives and Applications: One of the first steps cities take when considering Smart City Technology is to host community forums, workshops, and outreach events. The purpose of these types of activities are to engage with the public on what types of Smart City initiatives, projects or policies they may want to see in their City. This process can also include Council workshops, and conversations with City officials to determine what’s feasible given the available resources. Cities generally use the information collected from citizens, and the feedback from City Council, to develop Smart City initiatives, a Master Plan or an Action Plan. Some of the more common Smart City initiatives are: 1. Working with ISP (Internet Service Providers) to create affordable internet service plans for City residents. 2. Working with ISP (Internet Service Providers) to develop and install fiber internet lines. 3. Installing Smart Traffic Signals Infrastructure and adopting relevant policies. 4. Installing Smart Communications infrastructure and adopting relevant policies. 5. Developing a Smart streetlights program. Other Smart applications that could be relevant for cities in the next 5 -10 years: Water: • Water consumption tracking • Leakage detection and control • Smart Irrigation • Water Quality monitoring Mobility: • Real-time public transit information • Autonomous vehicles • Predictive maintenance of transportation infrastructure • Bike sharing • Smart parking Economic Development and Housing: • Digital business licensing and permitting • Digital business tax filing • Digital land-use and building permitting 10 Packet Pg. 475 8558 Page 3 Security: • Predictive Policing • Real-time crime mapping • Gunshot detection • Emergency response optimization • Data-driven building inspections • Disaster early-warning systems Energy: • Building automation systems • Energy consumption tracking and automation systems Healthcare: • Real-time air quality information • Infectious disease surveillance systems 2020-2025 Key Strategic Targets and Goals The receipt and filing of the Smart City Technology report aligns with K ey Target No. 3: Improved Quality of Life by identifying potential tools to evaluate public safety service deliver models to enhance the quality of service. Fiscal Impact There is no fiscal impact associated with receiving and filing a report of Smart Cit y Technology. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file a report on Smart City Technology. Attachments None Ward: All Synopsis of Previous Council Actions: September 1, 2021 The Mayor and City Council requested staff provide a Smart City Technology report. 10 Packet Pg. 476 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Investment Portfolio Report for August 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for August 2021. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended August 31, 2021. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2020-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for August 2021. 11 Packet Pg. 477 8535 Page 2 Attachments Attachment 1 Investment Portfolio Management Summary Report Ward: All Synopsis of Previous Council Actions: N/A 11 Packet Pg. 478 11.aPacket Pg. 479Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value August 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 0.218LOCAL AGENCY INVESTMENT FUND10001 38,913,124.40 38,913,124.40 0.22138,913,124.40SYS 1 0.218LOCAL AGENCY INVESTMENT FUND10003 38,841,443.97 38,841,443.97 0.22138,841,443.97SYS10003 1 77,754,568.3777,754,568.3777,754,568.3774,593,278.05Subtotal and Average 0.218 1 Certificates of Deposit 2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 248,223.8602587DM70 91 2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 249,499.9105580AGK4 176 2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 262,041.2114042RLW9 1,002 2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 264,282.3020033AU61 957 2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 253,178.8927002YEP7 265 3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 254,915.7938148P4B0 503 3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 261,938.4461760AVF3 882 2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 261,767.2961760AG52 1,016 2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 253,987.36668015AL4 530 2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 250,239.5069140WAS4 300 2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 250,792.25857894SK6 134 1.677SYNCHRONY BANK80036 247,000.00 247,000.00 10/21/20211.70010/21/2016 247,566.6287165FNC4 50 2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 260,961.4887270LBU6 904 2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 249,304.78940727AH3 175 3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 533,988.25949763WU6 869 3,955,000.004,102,687.933,955,000.003,955,000.00Subtotal and Average 2.564 545 Managed Pool Accounts 0.158CALTRUST GOVT INVESTMENT FUND20008 1,783.23 1,783.23 0.1601,783.2320008 1 1,783.231,783.231,783.231,782.98Subtotal and Average 0.158 1 Federal Agency Issues - Coupon 1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,002,894.36 12/13/20212.11012/31/2019 2,011,660.00 Aaa3133EH2T9 103 0.278FEDERAL FARM CREDIT BANK30596 1,000,000.00 999,755.65 10/05/20230.27010/05/2020 999,970.00 Aaa3133EMBQ4 764 0.158FEDERAL FARM CREDIT BANK30597 1,000,000.00 1,000,000.00 10/13/20220.16010/13/2020 999,850.00 Aaa3133EMCH3 407 0.138FEDERAL FARM CREDIT BANK30598 1,000,000.00 1,000,000.00 04/08/20220.14010/08/2020 999,680.00 Aaa3133EMCJ9 219 0.128FEDERAL FARM CREDIT BANK30604 1,000,000.00 999,711.67 02/10/20230.11002/10/2021 999,980.00 Aaa3133EMQH8 527 0.334FEDERAL FARM CREDIT BANK30605 1,000,000.00 999,354.69 02/10/20250.32002/10/2021 996,630.00 Aaa3133EMQG0 1,258 0.473FEDERAL FARM CREDIT BANK30608 2,000,000.00 2,000,000.00 03/03/20250.48003/03/2021 1,995,900.00 Aaa3133EMSC7 1,279 0.700FEDERAL FARM CREDIT BANK30613 1,000,000.00 1,000,000.00 04/01/20250.71004/01/2021 1,001,530.00 Aaa3133EMUP5 1,308 0.720FEDERAL FARM CREDIT BANK30630 1,000,000.00 1,000,000.00 05/19/20250.73005/19/2021 999,500.00 Aaa3133EMZW5 1,356 0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,052.78 05/26/20260.95005/26/2021 999,180.00 Aaa3133EMB76 1,728 0.641FEDERAL FARM CREDIT BANK30642 1,000,000.00 1,000,000.00 06/09/20250.65006/09/2021 998,610.00 Aaa3133EMF98 1,377 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 480 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value August 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 999,560.00 Aaa3133EMU91 1,419 0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 997,907.53 09/16/20250.55007/21/2021 994,610.00 Aaa3133EL7K4 1,476 0.502FEDERAL FARM CREDIT BANK30664 1,000,000.00 999,004.02 02/10/20250.48008/26/2021 998,910.00 Aaa3133EMZ70 1,258 1.913FEDERAL HOME LOAN BANK30523 1,000,000.00 999,837.98 11/29/20211.87501/19/2017 1,004,430.00 Aaa3130AABG2 89 1.926FEDERAL HOME LOAN BANK30528 1,000,000.00 999,819.80 11/29/20211.87502/14/2017 1,004,430.00 Aaa3130AABG2 89 0.615FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.50002/26/2021 1,988,420.00 Aaa3130AL6L3 1,639 0.690FEDERAL HOME LOAN BANK30610 1,000,000.00 1,000,000.00 06/24/20250.70003/24/2021 999,280.00 Aaa3130ALLA0 1,392 0.592FEDERAL HOME LOAN BANK30614 1,000,000.00 1,000,000.00 11/29/20240.60003/29/2021 999,790.00 Aaa3130ALRM8 1,185 1.026FEDERAL HOME LOAN BANK30616 1,000,000.00 1,000,000.00 03/30/20261.04003/30/2021 1,000,380.00 Aaa3130ALTG9 1,671 0.654FEDERAL HOME LOAN BANK30617 1,000,000.00 999,554.16 03/17/20250.65003/26/2021 999,560.00 Aaa3130ALLP7 1,293 1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 1,000,290.00 Aaa3130ALV68 1,671 0.740FEDERAL HOME LOAN BANK30623 1,000,000.00 1,000,000.00 04/28/20250.75004/28/2021 1,000,260.00 Aaa3130AM4D1 1,335 0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 999,390.00 Aaa3130AMLJ9 1,547 0.542FEDERAL HOME LOAN BANK30633 1,000,000.00 1,000,000.00 11/26/20240.55005/26/2021 999,640.00 Aaa3130AMK92 1,182 0.370FEDERAL HOME LOAN BANK30636 1,000,000.00 1,000,000.00 06/03/20240.37506/03/2021 998,870.00 Aaa3130AMMM1 1,006 1.036FEDERAL HOME LOAN BANK30638 2,000,000.00 2,000,000.00 06/16/20261.05006/16/2021 1,999,720.00 Aaa3130AMLZ3 1,749 0.404FEDERAL HOME LOAN BANK30639 1,000,000.00 1,000,000.00 08/01/20240.41006/01/2021 999,160.00 Aaa3130AMHH8 1,065 0.681FEDERAL HOME LOAN BANK30640 1,000,000.00 1,000,000.00 06/10/20250.69006/10/2021 1,001,400.00 Aaa3130AMMT6 1,378 0.370FEDERAL HOME LOAN BANK30641 1,000,000.00 1,000,000.00 06/24/20240.37506/24/2021 1,000,220.00 Aaa3130AMR38 1,027 0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 999,490.00 Aaa3130AMSY9 1,489 0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 998,470.00 Aaa3130AMTZ5 1,549 1.134FEDERAL HOME LOAN BANK30652 1,000,000.00 1,000,000.00 07/27/20261.15007/27/2021 1,000,060.00 Aaa3130AN5V8 1,790 0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 999,310.00 Aaa3130AMUD2 1,671 0.690FEDERAL HOME LOAN BANK30654 1,000,000.00 1,000,000.00 04/29/20250.70007/29/2021 999,780.00 Aaa3130ANBU3 1,336 0.690FEDERAL HOME LOAN BANK30658 1,000,000.00 1,000,000.00 02/26/20260.70008/26/2021 999,990.00 Aaa3130ANJ35 1,639 0.986FEDERAL HOME LOAN BANK30659 1,000,000.00 1,000,000.00 08/27/20261.00008/27/2021 1,000,550.00 Aaa3130ANKG4 1,821 0.740FEDERAL HOME LOAN BANK30662 1,000,000.00 1,000,000.00 09/25/20250.75008/25/2021 1,000,580.00 Aaa3130ANQJ2 1,485 1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,991.42 01/26/20222.00001/30/2017 428,289.50 Aaa3134GAU44 147 2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,010,020.00 Aaa3134GA5T7 180 1.973FEDERAL HOME LOAN MORTGAGE CRP30530C 1,000,000.00 1,000,000.00 09/16/20212.00003/16/2017 1,000,810.00 Aaa3134GA5C4 15 2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 999,562.11 04/26/20222.00011/06/2017 1,012,290.00 Aaa3134GBP55 237 0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 1,001,770.00 Aaa3134GVT99 1,398 0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 1,001,930.00 Aaa3134GWCB0 1,055 0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 1,001,470.00 Aaa3134GWHR0 985 0.247FEDERAL HOME LOAN MORTGAGE CRP30599 1,000,000.00 1,000,000.00 07/07/20230.25010/26/2020 999,930.00 Aaa3134GWVF0 674 0.263FEDERAL HOME LOAN MORTGAGE CRP30601 1,000,000.00 1,000,000.00 11/02/20230.32011/02/2020 1,000,110.00 Aaa3134GW6E1 792 0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 993,643.07 12/23/20250.70003/24/2021 997,600.00 Aaa3134GXHD9 1,574 0.691FEDERAL HOME LOAN MORTGAGE CRP30663 500,000.00 498,492.44 09/15/20250.62508/19/2021 499,005.00 Aaa3134GWB70 1,475 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 481 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value August 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.670FARMER MAC30650 1,500,000.00 1,498,416.75 04/28/20250.65006/23/2021 1,503,495.00 Aaa31422BYS3 1,335 1.411FEDERAL NATIONAL MORTGAGE ASSO30513 1,000,000.00 999,942.46 10/07/20211.37510/13/2016 1,001,320.00 Aaa3135GOQ89 36 1.401FEDERAL NATIONAL MORTGAGE ASSO30515 1,000,000.00 999,956.42 10/07/20211.37510/31/2016 1,001,320.00 Aaa3135G0Q89 36 1.341FEDERAL NATIONAL MORTGAGE ASSO30517 1,000,000.00 1,000,010.70 10/07/20211.37511/03/2016 1,001,320.00 Aaa3135GOQ89 36 1.716FEDERAL NATIONAL MORTGAGE ASSO30519 1,000,000.00 999,651.42 10/07/20211.37511/18/2016 1,001,320.00 Aaa3135G0Q89 36 1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,087.68 01/05/20222.00001/23/2017 1,006,670.00 Aaa3135G0S38 126 1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,930.06 01/05/20222.00002/02/2017 1,006,670.00 Aaa3135G0S38 126 2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,862.35 01/05/20222.00003/02/2017 1,006,670.00 Aaa3135G0S38 126 2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,012,060.00 Aaa3136G4MQ3 209 0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 999,310.00 Aaa3136G4ZF3 1,420 0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 998,710.00 Aaa3136G4C43 1,443 0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 1,001,040.00 Aaa3136G4F99 716 0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 997,060.00 Aaa3136G45C3 1,517 0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 997,170.00 Aaa3135GA2N0 1,525 66,411,439.5266,476,399.5066,425,000.0064,413,109.50Subtotal and Average 0.893 1,030 Treasury Securities - Coupon 967,761.81Subtotal and Average Money Market Funds 0.010WELLS FARGO GOVT MONEY MARKET20002 0.00 0.00 0.01007/01/2021 0.00SYS20002 1 0.000.000.000.00Subtotal and Average 0.000 0 Corporate Notes 1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,253.75 05/10/20231.95001/10/2020 1,026,760.00 A302665WDH1 616 0.466AMAZON.COM INC30627 1,000,000.00 999,397.06 05/12/20240.45005/13/2021 1,000,370.00 A1023135BW5 984 1.051AMAZON.COM INC30628 1,000,000.00 997,029.71 05/12/20261.00005/13/2021 1,006,220.00 A1023135BX3 1,714 1.732APPLE INC30554 1,000,000.00 999,436.23 09/11/20221.70012/10/2019 1,015,460.00 Aa1037833DL1 375 1.800APPLE INC30561 1,000,000.00 999,274.21 09/11/20241.80001/24/2020 1,036,460.00 Aa1037833DM9 1,106 0.842BANK OF AMERICA CORPORATION30603 2,000,000.00 1,995,610.86 12/23/20250.65001/25/2021 1,978,000.00 A206048WK66 1,574 0.529BANK OF AMERICA CORPORATION30619 636,000.00 634,363.54 03/11/20240.40003/30/2021 632,959.92 A206048WL73 922 1.437BANK OF AMERICA CORPORATION30622 1,500,000.00 1,454,576.22 01/26/20260.60004/14/2021 1,471,170.00 A206048WK82 1,608 0.641BANK OF AMERICA CORPORATION30626 1,500,000.00 1,500,000.00 05/14/20240.65005/14/2021 1,497,600.00 A206048WM23 986 1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 999,240.00 A206048WM31 1,730 1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,010,115.22 08/16/20232.20010/16/2019 2,068,640.00 A106406FAD5 714 0.691CATERPILLAR FINL SERVICE30624 1,000,000.00 1,081,674.13 12/01/20243.25004/26/2021 1,089,820.00 A214912L6G1 1,187 0.846CATERPILLAR FINL SERVICE30660 1,625,000.00 1,628,014.09 03/02/20260.90008/09/2021 1,633,726.25 A214913R2K2 1,643 1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,001,534.22 06/17/20261.05006/17/2021 1,002,160.00 A224422EVR7 1,750 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 482 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment YTM 360 Page 4 Par Value Book Value Maturity Date Stated RateMarket Value August 31, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Corporate Notes 1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 997,780.00 A238150AG82 1,749 0.690GOLDMAN SACHS GROUP INC.30647 1,000,000.00 1,000,000.00 06/17/20240.70006/17/2021 996,880.00 A238150AGA7 1,020 1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 998,150.00 A238150AGW9 1,793 0.986GOLDMAN SACHS GROUP INC.30666 1,000,000.00 1,000,000.00 08/30/20241.00008/30/2021 999,590.00 A238150AHG3 1,094 2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 986,010.00 A248128GN97 1,209 1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 982,880.00 A248128GU40 1,391 0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 976,990.00 A248128GV56 1,447 1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,982,260.00 A248128G3G3 1,702 1.134J.P. MORGAN CHASE & CO30661 1,000,000.00 1,000,000.00 08/17/20261.15008/17/2021 996,070.00 A248128G4R8 1,811 1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,076,938.79 01/25/20232.65001/27/2020 1,096,590.32 A2808513AT2 511 2.096TOYOTA MOTOR CREDIT CORP30548 1,000,000.00 1,000,000.00 10/22/20242.12510/22/2019 993,850.00 A189236TGN9 1,147 0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,715.79 10/16/20250.80002/24/2021 994,580.00 A189236THP3 1,506 0.608TOYOTA MOTOR CREDIT CORP30612 1,000,000.00 1,001,642.67 03/25/20240.68103/25/2021 1,003,370.00 A1892331AL3 936 0.595TOYOTA MOTOR CREDIT CORP30618 500,000.00 500,992.76 03/25/20240.68103/30/2021 501,685.00 A1892331AL3 936 0.287TOYOTA MOTOR CREDIT CORP30644 1,000,000.00 1,004,070.94 08/14/20230.50006/10/2021 1,003,580.00 A189236THF5 712 0.623TOYOTA MOTOR CREDIT CORP30651 1,500,000.00 1,494,520.05 06/18/20240.50006/23/2021 1,496,910.00 A189236TJH9 1,021 1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,002,246.08 05/15/20261.15005/20/2021 1,007,170.00 A391324PEC2 1,717 35,381,406.3235,472,931.4935,325,000.0033,510,763.74Subtotal and Average 1.138 1,263 Supranationals 0.434INTL BK RECON & DEVELOPMENT30609 1,500,000.00 1,559,399.07 01/15/20251.62502/26/2021 1,555,365.00 Aaa459058HT3 1,232 0.555INTL BK RECON & DEVELOPMENT30635 1,000,000.00 1,002,230.10 04/22/20250.62505/27/2021 1,001,160.00 Aaa459058JB0 1,329 0.829INTL BK RECON & DEVELOPMENT30667 1,000,000.00 991,730.00 02/10/20260.65008/31/2021 994,210.00 Aaa459058JS3 1,623 0.493INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20260.50005/28/2021 1,000,550.00 Aaa45950VPY6 1,717 4,553,359.174,551,285.004,500,000.003,594,367.53Subtotal and Average 0.560 1,445 183,466,739.17 187,961,351.60 0.687 648188,359,655.52 188,057,556.61Total and Average Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 483 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment YTM 360 Page 5 Par Value Book Value Stated RateMarket Value August 31, 2021 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Passbook/Checking Accounts 0.000WELLS FARGO BANK10002 3,437,857.10 3,437,857.1007/01/2021 3,437,857.10SYS10002 1 0.00 183,466,739.17 191,399,208.70 0.687 648 1 3,474,894.32 37,037.22 3,474,894.32 37,037.22 Subtotal Accrued Interest at PurchaseAverage Balance 191,834,549.84 191,532,450.93Total Cash and Investments Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 484 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment Page 1 Stated Rate Transaction Date August 1, 2021 through August 31, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVESTMENT FUND10001 7,500,000.000.221 3,350,000.00SYS 3,350,000.00 77,754,568.37Subtotal7,500,000.00 Certificates of Deposit 3,955,000.00Subtotal Managed Pool Accounts (Monthly Summary) CALTRUST GOVT INVESTMENT FUND20008 0.260.160 0.0020008 0.00 1,783.23Subtotal0.26 Federal Agency Issues - Coupon FEDERAL FARM CREDIT BANK30611 0.000.750 08/10/2021 1,000,000.003133EMTT9 FEDERAL FARM CREDIT BANK30664 999,000.000.480 08/26/2021 0.003133EMZ70 FEDERAL HOME LOAN BANK30649 0.001.125 08/26/2021 1,000,000.003130AMXR8 FEDERAL HOME LOAN BANK30658 1,000,000.000.700 08/26/2021 0.003130ANJ35 FEDERAL HOME LOAN BANK30659 1,000,000.001.000 08/27/2021 0.003130ANKG4 FEDERAL HOME LOAN BANK30662 1,000,000.000.750 08/25/2021 0.003130ANQJ2 FEDERAL HOME LOAN MORTGAGE CRP30518 0.001.125 08/12/2021 1,000,000.003137EAEC9 FEDERAL HOME LOAN MORTGAGE CRP30590 0.000.250 08/03/2021 1,000,000.003134GWHD1 FEDERAL HOME LOAN MORTGAGE CRP30663 498,480.000.625 08/19/2021 0.003134GWB70 4,000,000.00 66,411,439.52Subtotal4,497,480.00 Treasury Securities - Coupon U.S. TREASURY40001C 0.002.000 08/31/2021 1,000,000.00912828D72 1,000,000.00 0.00Subtotal0.00 Money Market Funds (Monthly Summary) 0.00Subtotal Passbook/Checking Accounts (Monthly Summary) WELLS FARGO BANK10002 33,263,885.39 32,223,131.14SYS10002 32,223,131.14 0.00Subtotal33,263,885.39 Corporate Notes CATERPILLAR FINL SERVICE30660 1,628,055.000.900 08/09/2021 0.0014913R2K2 GOLDMAN SACHS GROUP INC.30666 1,000,000.001.000 08/30/2021 0.0038150AHG3 J.P. MORGAN CHASE & CO30661 1,000,000.001.150 08/17/2021 0.0048128G4R8 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM3) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 485 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment Page 2 Stated Rate Transaction Date August 1, 2021 through August 31, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Corporate Notes 0.00 35,381,406.32Subtotal3,628,055.00 Supranationals INTL BK RECON & DEVELOPMENT30667 991,730.000.650 08/31/2021 0.00459058JS3 0.00 4,553,359.17Subtotal991,730.00 188,057,556.61Total40,573,131.1449,881,150.65 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM3) 7.3.11 11.a Packet Pg. 486 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment Page 1 August 2020 through August 2021 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity CITY OF SAN BERNARDINO Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 109,430,118.52August202091 994 5871.247 1.265 0.860 6 2 103,596,103.88September202086 986 5731.214 1.231 0.685 0 5 106,022,285.66October202090 1,002 5871.162 1.178 0.620 5 1 110,769,958.19November202092 986 5681.118 1.133 0.560 2 0 113,728,761.06December202090 932 5191.075 1.090 0.540 0 2 128,018,030.40January202188 819 4460.962 0.975 0.458 1 3 136,084,346.44February202190 801 4440.884 0.897 0.407 5 3 138,211,706.73March202196 860 5200.845 0.856 0.360 12 6 139,808,377.22April2021100 921 5810.845 0.857 0.339 6 2 193,891,038.33May2021110 753 4960.710 0.720 0.315 12 2 213,241,199.73June2021125 759 5310.663 0.672 0.262 15 9 179,794,173.92July2021122 894 6370.701 0.711 0.221 8 8 188,057,556.61August2021123 891 6480.687 0.697 0.221 9 5 Average 143,127,204.36 0.932%0.945%0.450 6 4 892 549100 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM4) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 487 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment Page 1 August 31, 2021 Interest Earnings Summary Month EndingAugust 31 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 33,759.73Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 321,454.76 ( 258,481.22) 134,009.08 321,369.76 ( 258,865.36) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 96,733.27 -3,882.57 0.00 196,513.48 -7,268.27 -208.72 92,850.70 189,036.49 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 0.26Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 33,743.99 ( 19,742.94) 58,718.87 33,743.99 ( 58,718.68) Interest Earned during Period 14,001.31 33,744.18 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 110,734.58 -3,882.57 0.00 230,257.66 -7,268.27 -208.72 106,852.01 222,780.67 Portfolio CITY AP Run Date: 09/10/2021 - 14:30 PM (PRF_PM6) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 488 Attachment: Attachment 1 - Investment Portfolio Management Summary Report (8535 : Investment Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for September 2021. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for September 9, 2021 $2,980,183.73 Bi-Weekly for September 16, 2022 $2,579,565.03 Monthly for September 15, 2021 $11,666.69 Total Payroll Demands: $5,571,415.45 The following check registers are being presented for approval: September 2, 2021 2021/22 (Register #9)$864,286.80 September 9, 2021 2021/22 (Register #10)$755,357.02 September 16, 2021 2021/22 (Register #11)$778,834.39 Total commercial check demands:$2,398,478.21 The following Electronic Funds Transfer (EFT) registers presented for approval: August 12 to August 20, 2021 2021/22 (Register #1145-#1150) $ 1,126,602.76 August 27 to August 30, 2021 2021/22 (Register #1151-#1153) $ 50,295.35 September 01 to September 03, 2021 2021/22 (Register #1154-#1150) $ 1,067,419.77 Total commercial EFT demands: $ 2,244,317.88 12 Packet Pg. 489 8568 Page 2 2020-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and n o further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for September 2021. Attachments Attachment 1 Payroll Summary Report for September 2021 Attachment 2 Commercial checks & Payroll Register #9 Attachment 3 Commercial checks & Payroll Register #10 Attachment 4 Commercial checks & Payroll Register #11 Attachment 5 Commercial EFT Registers #1145-1150 Attachment 6 Commercial EFT Registers #1151-1153 Attachment 7 Commercial EFT Registers #1154-1155 Ward: All 12 Packet Pg. 490 12.a Packet Pg. 491 Attachment: FN. Attachment 1 - Payroll Summary Report September 2021 (8568 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.a Packet Pg. 492 Attachment: FN. Attachment 1 - Payroll Summary Report September 2021 (8568 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.a Packet Pg. 493 Attachment: FN. Attachment 1 - Payroll Summary Report September 2021 (8568 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.b Packet Pg. 494 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 495 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 496 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 497 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 498 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 499 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 500 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 501 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 502 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 503 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 504 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 505 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.b Packet Pg. 506 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #9 (8568 : Approval of 12.c Packet Pg. 507 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 508 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 509 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 510 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 511 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 512 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 513 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 514 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 515 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 516 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 517 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.c Packet Pg. 518 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #10 (8568 : Approval of 12.d Packet Pg. 519 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 520 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 521 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 522 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 523 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 524 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 525 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 526 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 527 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 528 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.d Packet Pg. 529 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #11 (8568 : Approval of 12.e Packet Pg. 530 Attachment: FN. Attachment 5 - Commercial EFT Registers #1145-1150 (8568 : Approval of Commercial 12.e Packet Pg. 531 Attachment: FN. Attachment 5 - Commercial EFT Registers #1145-1150 (8568 : Approval of Commercial 12.f Packet Pg. 532 Attachment: FN. Attachment 6 - Commercial EFT Registers #1151-1153 (8568 : Approval of Commercial 12.f Packet Pg. 533 Attachment: FN. Attachment 6 - Commercial EFT Registers #1151-1153 (8568 : Approval of Commercial 12.g Packet Pg. 534 Attachment: FN. Attachment 7 - Commercial EFT Registers #1154-1155 (8568 : Approval of Commercial 12.g Packet Pg. 535 Attachment: FN. Attachment 7 - Commercial EFT Registers #1154-1155 (8568 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Mitch Assumma, Community Recreation Manager Subject: Senior Services Trust Account Transfer - Fiscal Year 2021/22 (All Wards) Recommendation Adopt Resolution No. 2021-240 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Finance Director to allocate unappropriated senior services trust account revenue (donations/fundraising) to the Parks, Recreation and Community Services Department General Fund expenditure accounts for Senior Services in the amount of $2,596.74. Background The Parks, Recreation and Community Services Department programs the Perris Hill and Fifth Street Senior Centers specifically to serve the senior-age population of the City. Fifth Street Senior Center is located in downtown San Bernardino at 600 West Fifth Street. Activities include billiards, cards, chess, puzzles, computer literature, dominoes, crochet/knitting, arts & crafts, walking class, ice cream socials, dollar dances, bingo, Wii fitness, and blood pressure checks. Perris Hill Senior Center is located at Perris Hill Park at 780 East 21 st Street. Activities include billiards, cards, chess, dominos, bingo, bridge, health and fitness class, brain fitness, line dancing, aerobics, Wii fitness, crochet/knitting, cinema time, coloring, and ice cream socials. In-person programming of indoor activities has recently resumed at the Perris Hill Center as COVID-19 health protections have improved, although activities at the 5th Street Center are temporarily suspended through September due to several indoor and outdoor building improvements. A daily lunch meal is served at both locations through the Senior Nutrition Program Monday through Thursday and on Fridays only at the Fifth Street location; however, meals are served grab-n-go style at 5th Street while construction takes place, and all meal preparation activities are temporarily out of the Perris Hill Senior Center. Early dinner is also served on Tuesday and Thursday. All seniors 60 years of age or better qualify for this meal. The lunch meal for many is the only meal they receive a day. Nearly 50,000 meals are served annually by the departments’ Senior Nutrition Program, slightly down as a result of the pandemic. 13 Packet Pg. 536 8552 Page 2 Other invaluable programs offered at the Centers include the Retired and Senior Volunteer Program, which takes senior volunteers and places them i n community service activities, and the Senior Companion Program, whereby senior-age companions assist fellow senior and challenged clients with many of their daily life’s chores. Many holiday celebration events are also conducted, such as New Year’s, Martin Luther King, Jr. Day, Valentine’s Day, St. Patrick’s Day, Easter, Cinco De Mayo, Mother’s Day, Father’s Day, Independence Day, Halloween, Veterans’ Day, Thanksgiving, and the Christmas Holiday event, where dance, music, and refreshments/snacks are a com mon staple of those events. The 5th Street Center especially serves as a referral for many other critical services for seniors, oftentimes hosting workshops on financial management, personal safety, healthcare, wills and death planning, depression and mental wellness, travel, and a variety of other topics of interest to community living for seniors. Most of these activities continue to take place in one form or other despite the pandemic. Two key regional-serving events include the Inland Empire Senior Games and The Ollies, formerly the Ollie McDonald Senior Talent Showcase. The Inland Empire Senior Games normally serves 300+ senior-age area athletes each year since 1987, offering an opportunity for seniors to participate through an all -year-long practice commitment in various sporting competitions (tennis, table tennis, softball, pickle ball, basketball, billiards, horseshoes, swimming, bowling, 5K Run, and golf). This year’s attendance due to the pandemic is expected around 200 athletes, with fewer competi tions available as the pandemic continues to affect the availability of various area sports facilities. Over 125 guests are expected to safely attend the Opening Ceremonies, with a Closing Ceremony themed-dance and Health Fair. Several area cities and businesses offer their venues for use. The Ollie McDonald Senior Talent Showcase brings together the music, song, dance, and other life-long performance talents of 30+ seniors for a fantastic weekend performance before the community. The pandemic has canceled the 2020 and 2021 events, but staff is looking forward to resuming in Spring 2022. The General Fund obligation currently fulfills the costs of general building operation and personnel to plan and supervise activities and services, as well as basic program costs. For several decades prior to Fiscal Year 2009/2010, it had been common practice for the Department to supplement programs and activities through fundraising and donations, relying solely upon trust account revenue from user fees, donations, fundraising, and grants. At which time, the City chose to reduce the Department’s reliance upon Trust Account revenue to operate basic activities, programs, and services for all ages by narrowing the validity of these in -and-out accounts to only donations and fundraiser revenue/expense. Discussion Reliance upon donations and fundraising is no longer paramount to Senior Services program operation, and all user fee revenue continues to be deposited into the General Fund. However, due to limited funding and an inability to secure much user fee revenue from fixed-income seniors, supplemental support of program activities through donations and fundraising efforts is still a vital part of senior service operations. 13 Packet Pg. 537 8552 Page 3 In order to expedite the provision of senior services, in particular to the provision of holiday (Christmas, Mother’s Day, and Father’s Day) gift bags of essential needs items, the Department is requesting the appropriation of $2,596.74 in donations in the Fifth Street Senior Center Trust Account into General Fund expenditure accounts as needed for FY2021-2022. Most importantly, this revenue was collected from Inland Empire Health Plan with this objective in mind. This will not only honor that fundraising commitment but ensure that we provide quality programm ing through a diverse offering of senior services to meet the growing senior-age population needs and desires in San Bernardino. 2020-2025 Key Strategic Targets and Goals The trust account transfer aligns with Key Target No 1: Financial Stability by securing a long-term revenue source and creating a framework for spending decisions and Key Target No 3: Improved Quality of Life by assisting seniors with their needs through a donor. Fiscal Impact The current Senior Services division (001 -380-0075) is budgeted at $401,910 (FY 2021/22). The balance after approval of this transfer will increase the current budgeted amount by $2,596.74. This requires an appropriation of $2,596.74 from the Trust Account (772-380-2403, 5th Street Senior Center) to the General Fund for the Parks, Recreation and Community Services Department Senior Services expenditure accounts (001-380-0075-5111). Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-240, authorizing the Finance Director to allocate unappropriated senior services trust account revenue (donations/fundraising) to the Parks, Recreation and Community Services Department General Fund expenditure accounts for Senior Services in the amount of $2,596.74. Attachments Attachment 1 Resolution 2021-240 Ward: All Synopsis of Previous Council Actions: 13 Packet Pg. 538 8552 Page 4 January 15, 2020 Mayor and City Council approved Resolution No. 2018-26 authorizing the Finance Director to transfer $20,375 in un - appropriated trust account revenue to the Senior Services General Fund expenditure accounts for FY2021-2022. February 7, 2018 Mayor and City Council approved Resolution No. 2018-26 authorizing the Director of Administrative Services to transfer $9,900 in un-appropriated trust account revenue to the Senior Services General Fund expenditure accounts for FY2016-2017. September 2, 2014 Mayor and City Council approved Resolution No. 2014 -332 authorizing the Director of Administrative Services to transfer $7,780 in un-appropriated trust account revenue to the Senior Services General Fund expenditure accounts for FY2014-2015. 13 Packet Pg. 539 Resolution No. 2021-240 Resolution 2021-240 October 6, 2021 Page 1 of 3 RESOLUTION NO. 2021-240 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, TO AUTHORIZE THE FINANCE DIRECTOR TO ALLOCATE UNAPPROPRIATED SENIOR SERVICES TRUST ACCOUNT REVENUE (DONATIONS/FUNDRAISERS) TO THE PARKS, RECREATION AND COMMUNITY SERVICES DEPARTMENT GENERAL FUND EXPENDITURE ACCOUNTS FOR SENIOR SERVICES IN THE AMOUNT OF $2,596.74 WHEREAS, the staff in the Department of Parks, Recreation and Community Services Department has diligently conducted fundraising activities to supplement the provision of Senior Services in the community of San Bernardino; and WHEREAS, individuals, businesses, and community groups have made donations in support of the needs of the senior-age population in the City of San Bernardino; and WHEREAS, the City has entrusted this revenue of $2,596.74 in unallocated trust accounts for future spending. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the Finance Director, pursuant to this determination, to appropriate funds in the amount of $2,596.74 from trust account 772-380—2403 into account number 001-380-0075*5111 (Senior Services General Fund); and, SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. 13.a Packet Pg. 540 Attachment: Attachment 1 - Resolution 2021-240 Senior Services Trust Account Transfer - Fiscal Year 2021/22 (All Wards) (8552 : Senior Resolution No. 2021-240 Resolution 2021-240 October 6, 2021 Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of October, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 13.a Packet Pg. 541 Attachment: Attachment 1 - Resolution 2021-240 Senior Services Trust Account Transfer - Fiscal Year 2021/22 (All Wards) (8552 : Senior Resolution No. 2021-240 Resolution 2021-240 October 6, 2021 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-2401, adopted at a regular meeting held on the 6th day of October, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of October, 2021. Genoveva Rocha, CMC, City Clerk 13.a Packet Pg. 542 Attachment: Attachment 1 - Resolution 2021-240 Senior Services Trust Account Transfer - Fiscal Year 2021/22 (All Wards) (8552 : Senior Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) Recommendation Adopt Resolution No. 2021-241 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the City Manager to execute Contract Change Order (CCO) #1 for Project No. 8776 with TSR Construction and Inspection, in the amount of $149,713, for a full contract not-to-exceed amount of $356,502; and 2. Authorizing the Director of Finance to create a budget amendment allocating $56,288.57 from the San Manuel Band of Mission Indians Grant (Account No. 123-230-8821-5504) and $93,424.43 from CDBG-CV3) to project account (124- 160-8776-5504); and 3. Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. Background The Public Works Department, Operations & Maintenance Division, is responsible for maintaining the City’s Animal Shelter, located at 333 Chandler Place, San Bernardino, California. Based on the evaluation of the current condition of the Animal Shelter, electrical panels need to be upgraded to bring the facility into compliance with the latest building code. Staff prepared plans and specifications for the electrical service replacement project. On August 19, 2020, the Mayor and City Council adopted Resolution No. 2020-207, awarding a contract to TSR Construction and Inspection, for electrical upgrades per plans and specifications at the Animal Shelter. The contract was awarded in the amount of $187,789, and additional funding was established for contingencies in the amount of $19,000. 14 Packet Pg. 543 8519 Page 2 Discussion Due to unforeseen conditions during construction, the scope of work had to be altered, which generated a change order to the construction contract for the following reasons: Increase of Price for Electrical Materials Due to the delay in completing Southern California Edison plans, the start of construction was delayed. Costs for material increased significantly between the time the bid was submitted and when the Notice to Proceed was provided. The material suppliers would not hold their pricing and a change order had to be issued to cover the price increase. Additional Bollards and Edison Work Edison plan was developed after the contactor submitted their bid and required six additional bollards and rock bedding in the conduit trench, which was not included in the plans and specifications. 16” Water Line During excavation, the contractor encountered an existing 16” waterline. An Edison Inspector evaluated the existing conditions and required the contrac tor to excavate deeper than originally proposed to place conduit below the water line. Parking Lot Swale and Equipment Pad A 16” waterline was encountered during excavation. This waterline was not marked and is a changed condition. Due to the 16" unknown waterline, the contractor (per Edison), will have to move the transformer to the south. This change required the contractor to move one of the large containers for a second time and sections of the existing 10' wide concrete drainage cross gutter swale had to be removed and reconstructed. Trenching Conduit and Wire The plans and specifications indicated that the existing equipment could be reused, but that was not feasible, and a change order had to be issued to pay for materials, equipment, and labor to install a new junction box. Water Pipe Relocation A changed condition was encountered when the contractor began installing the new panels next to the new junction box. Existing waterlines conflicted with the new location of the junction box and contractor had to relocate the existing pipe which was not included in the original plans or bid items. Modular Buildings Electrical The animal shelter was authorized to purchase two new trailers. These trailers require electrical infrastructures which were not originally designed in the contract documents at the time of bid. These upgrades had to be performed by the current contractor to avoid voiding the 1-year warranty. The extra work included adjusting the new switches in the new Panel that was installed. The contractor stated the 1-year warranty on the panel would not be honored if another contractor was hired and altered his work. The city negotiated the price of this work and settled on an amount of $75,726. The scope 14 Packet Pg. 544 8519 Page 3 included sawcut trench (approximately 300’), installing new conduit and wire, backfill and patch AC. Main Water Repairs During trenching operations for the new Modular Building Electrical, the contractor hit and damaged an existing main irrigation line that was not marked by dig alert. The water department did not mark any of lines in this area and thus it was an unforeseen condition the contractor did not anticipate. The waterline had to be repaired in several locations and the contractor had to place 6 couplings to repair the line. On April 7, 2021, the Mayor and City Council adopted Resolution No. 2021 -87, accepting a grant award from the San Manuel Band of Mission Indians for Animal Shelter Programs and services. A total of $800,000 has been allocated from the grant funding for the current Animal Shelter. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) established the Coronavirus Relief Fund (CDBG -CV3) and City received $1,702,135 through CDBG-CV3 fund. This change order is funded through San Manuel Band of Mission Indians grant and CDBG-CV3 fund. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability by leveraging existing resources to provide needed improvements on City facilities to bring the Animal Shelter in compliance with existing building codes. Fiscal Impact There is no General Fund impact associated with this action. Funding for CCO #1 is available in the total amount of $149,713. A budget adjustment amount of $149,713 is required at this time to support this change order. Approval of this change order will result in a budget adjustment from the following accounts to CIP Account No. 124 -160- 8776-5504 for use for construction of the project: San Manuel Band of Mission Indians Grant: Account No. 123-230-8821-5504 $ 56,288.57 CDBG-CV3 $ 93,424.43 Total $149,713.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-241: 1. Authorizing the City Manager to execute Contract Change Order (CCO) #1 for Project No. 8776 with TSR Construction and Inspection, in the amount of $149,713, for a full contract not-to-exceed amount of $356,502; and 2. Authorizing the Director of Finance to create a budget amendment allocating $56,288.57 from the San Manuel Band of Mission Indians Grant (Account No. 14 Packet Pg. 545 8519 Page 4 123-230-8821-5504) and $93,424.43 from CDBG-CV3) to project account (124- 160-8776-5504); and 3. Authorizing the Director of Finance to increase the purchase order to reflect the full, approved project cost. Attachments Attachment 1 Resolution No. 2021-241 Attachment 2 Resolution No. 2021-241; Exhibit “A” - Contract Change Order No.1 Attachment 3 Location Map Ward: 3 Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22. August 19, 2020 Mayor and City Council adopted Resolution No. 2020-207 approving construction contract award for Animal Shelter Electrical Service Replacement Project (CIP GB20-001). June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/2021. December 4, 2019 Mayor and City Council approved Resolution No. 2019 -356 authorizing the City Manager to engage Black O’Dowd and Associates to complete the electrical panel design, plans, and specifications at a cost of $19,400. 14 Packet Pg. 546 Resolution No. 2021-241 Resolution 2021-241 October 6, 2021 Page 1 of 4 RESOLUTION NO. 2021-241 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT CHANGE ORDER (CCO) #1 FOR PROJECT NO. 8776 WITH TSR CONSTRUCTION AND INSPECTION, IN THE AMOUNT OF $149,713, FOR A FULL CONTRACT NOT-TO-EXCEED AMOUNT OF $356.502; AUTHORIZING THE DIRECTOR OF FINANCE TO CREATE A BUDGET AMENDMENT ALLOCATING $56,288.57 FROM THE SAN MANUEL BAND OF MISSION INDIANS GRANT (ACCOUNT NO. 123-230-8821-5504) AND $93,424.43 FROM CDBG-CV3) TO PROJECT ACCOUNT (124-160-8776-5504); AND AUTHORIZING THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER TO REFLECT THE FULL, APPROVED PROJECT COST WHEREAS, the City of San Bernardino is responsible for the maintenance and repair of the San Bernardino Animal Shelter located at 333 Chandler Place; and WHEREAS, based on the evaluation of the current condition of the San Bernardino Animal Shelter, electrical panel upgrades are needed to bring the facility into compliance with the latest building code; and WHEREAS, on August 19, 2020, the Mayor and City Council adopted Resolution no. 2020-207, awarding a Construction Contract to TSR Construction and Inspection (“Contractor”) in the amount of $187,389 for the construction of Animal Shelter Electrical Service Replacement (“Project”); and WHEREAS, construction of the Project is 90% complete. However, due to unforeseen conditions, the scope of work had to be altered, which generated a change order to the construction contract and costs associated with the Project; therefore, exceeding the established contingency amount for the Project; and WHEREAS, the City negotiated with the Contractor for an additional Project cost of $149,713, for a full construction cost amount of $356,502; and WHEREAS, approval of Contract Change Order #1 is required by the Mayor and City Council as the change order amount exceeds the contingency amount of $19,000, which was previously established for the Project; and WHEREAS, the City received a grant from the San Manuel Band of Mission Indians for Animal Shelter Programs and services; and 14.a Packet Pg. 547 Attachment: Attachment 1 - Resolution No. 2021-241 Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) [Revision 2] Resolution No. 2021-241 Resolution 2021-241 October 6, 2021 Page 2 of 4 WHEREAS, the City received $1,702,135 through Coronavirus Relief Fund CDBG-CV3 fund. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute Contract Change Order No. 1 to Project No. 8776 with TSR Construction and Inspection., in the amount of $114,288.57 for a full contract not-to-exceed amount of $356,502 (attached hereto as Exhibit A). SECTION 3. The Director of Finance is hereby authorized to create a budget amendment to allocate $56,288.57 from San Manuel Band of Mission Indians Grant (Account No. 123-230- 8821-5504) and $93,424.43 from CDBG-CV3) to project account (124-160-8776-5504). SECTION 4. The Director of Finance is hereby directed to increase the purchase order as per Contract Change Order No.1 for Project 8776 to reflect full construction contract costs. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves electrical upgrades. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because installation of electrical panel does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. 14.a Packet Pg. 548 Attachment: Attachment 1 - Resolution No. 2021-241 Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) [Revision 2] Resolution No. 2021-241 Resolution 2021-241 October 6, 2021 Page 3 of 4 SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of October, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 549 Attachment: Attachment 1 - Resolution No. 2021-241 Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) [Revision 2] Resolution No. 2021-241 Resolution 2021-241 October 6, 2021 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-241, adopted at a regular meeting held on the 6th day of October, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of October, 2021. Genoveva Rocha, CMC, City Clerk 14.a Packet Pg. 550 Attachment: Attachment 1 - Resolution No. 2021-241 Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3) [Revision 2] 14.b Packet Pg. 551 Attachment: Attachment 2 - Resolution No. 2021-241; Exhibit “A” - Contract Change Order No.1 (8519 : Animal Shelter Electrical Service 14.b Packet Pg. 552 Attachment: Attachment 2 - Resolution No. 2021-241; Exhibit “A” - Contract Change Order No.1 (8519 : Animal Shelter Electrical Service ATTACHMENT NO. 3 PROJECT LOCATION MAP 333 CHANDLER PLACE 14.c Packet Pg. 553 Attachment: Attachment 3 - Location Map (8519 : Animal Shelter Electrical Service Replacement Change Order No.1 (Ward 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Purchase of Caterpillar Model 420 Backhoe Loader (All Wards) Recommendation Adopt Resolution No. 2021-242 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new Caterpillar model 420 backhoe loader from Quinn Company in the amount of $139,092.86. Background The Public Works Department is responsible for operating and maintaining City parks. The availability of heavy equipment is critical for the Department to accomplish essential maintenance duties within the City's parks and Pioneer Cemetery. Discussion To continue supporting the provision of maintenance work, the Department su bmitted a request to replace outdated, or purchase new, equipment through Fiscal Year 2021/22. On June 16, 2021, Mayor and City Council approved and provided funding for the Department to purchase one 4-wheel drive (4WD) Backhoe. This new equipment will ensure that the team will be able to perform daily work tasks safely , efficiently and with the correct equipment. The Mayor and City Council require authorization for the purchase as the price for the 4WD Backhoe exceeds the City Manager’s spending authority. Public Works staff obtained a Sourcewell cooperative quote for this equipment, a Caterpillar Model 420 Backhoe Loader. Sourcewell cooperative contract purchasing, leverages the national purchasing power of more than 50,000 member agencies while also streamlining the required purchasing process. As a municipal national contracting agency, Sourcewell establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint Powers laws enable members to legally purchase through awarded contracts. Sourcewell offers members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficient as they do business with each other. Sourcewell does this by establishing a business 15 Packet Pg. 554 8543 Page 2 and service alliance between member buyers and contracted suppliers ensuring a valued and successful national cooperative contract program. Purchases will utilize the cooperative purchasing provision made through Sourcewell contract #032515- Cat Program. QUINN CAT is a qualified vendor through Sourcewell. The procurement is authorized under San Bernardino Municipal Code sections 3.04.010(B)(2) (Piggybacking) and 3.04.010(B)(3) (Council Approval). 2020-2025 Key Strategic Targets and Goals Purchase of the Caterpillar Model 420 Backhoe Loader aligns with Key Target No.1: Financial Stability as it eliminates the need to consider expensive rental costs and supports a positive framework for spending decisions. This limits risk and litigation exposure by providing the latest safety features for City staff (internal risk) and maximizing work efficiencies in the field. Fiscal Impact Funding for this equipment purchase was approved t hrough the Fiscal Year 2021/22 Operating Budget Report as shown below: Equipment Purchase Account Number Approved Purchase Not to Exceed Amount Purchase Price Caterpillar Model 420 Backhoe Loader 001-400-0072-5701 $150,000 $139,092.86 Conclusion Adopt Resolution No. 2021-242 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new Caterpillar model 420 backhoe loader from Quinn Company in the amount of $ 139,092.86. Attachments Attachment 1 Resolution No. 2021-242 Attachment 2 Sourcewell Backhoe Loader Quote Ward: All Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council approved the City's Operating Budget Resolution # 2021-138 15 Packet Pg. 555 Resolution No. 2021-242 Resolution 2021-242 October 6, 2021 Page 1 of 3 RESOLUTION NO. 2021-242 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE OF THE PUBLIC WORKS EQUIPMENT APPROVED FOR FUNDING THROUGH THE FISCAL YEAR 2021/22 OPERATING BUDGET REPORT: ONE NEW CATERPILLAR MODEL 420 BACKHOE LOADER FROM QUINN COMPANY IN THE AMOUNT OF $ 139,092.86 WHEREAS, the Public Works Department oversees the operations and maintenance of the City infrastructure; WHEREAS, heavy equipment purchases are necessary to support the provision of maintenance services to the City’s extensive parks and Pioneer cemetery and WHEREAS, on June 16, 2021, the Mayor and the City Council approved the FY 2021/22 Operating Budget Report which included the approval of $ 150,000 for the purchase of specific equipment to support the Public Works Department in carrying out maintenance tasks: WHEREAS, equipment needs have been evaluated and competitive quotes have been obtained for the equipment purchases; and WHEREAS, Sourcewell is a municipal contracting agency that operates as a public entity under legislative authority through Minnesota Statute 123A.21.Feb 24, 2017, which meets the definition of a public agency as defined by California Government Code section 6500. Sourcewell was established with the statutory purpose to assist its members in meeting specific needs which are more effectively delivered cooperatively than by an individual entity. Sourcewell cooperative purchasing contracts are made available to its members through the Minnesota joint exercise of powers law. Sourcewell members outside of Minnesota may use its cooperative contracts under authority of joint powers or intergovernmental cooperation laws; and WHEREAS, the procurement is authorized under San Bernardino Municipal Code sections 3.04.010(B)(2) (Piggybacking) and 3.04.010(B)(3) (Council Approval); and WHEREAS, the City now desires to move forward the purchase on one Caterpillar model 420 Backhoe Loader. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 15.a Packet Pg. 556 Attachment: Attachment 1 - Resolution No. 2021-242 Purchase of Caterpillar Model 420 Backhoe Loader (All Wards) [Revision 1] (8543 : Resolution No. 2021-242 Resolution 2021-242 October 6, 2021 Page 2 of 3 SECTION 2. The City Manager, or designee, is hereby authorized to execute the purchase of one Caterpillar model 420 Backhoe Loader in the amount of $ 139,092.86 as approved in the Fiscal Year 2021/22 Operating Budget Report. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of October 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 557 Attachment: Attachment 1 - Resolution No. 2021-242 Purchase of Caterpillar Model 420 Backhoe Loader (All Wards) [Revision 1] (8543 : Resolution No. 2021-242 Resolution 2021-242 October 6, 2021 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-242, adopted at a regular meeting held on the 6th day of October 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of October, 2021. Genoveva Rocha, CMC, City Clerk 15.a Packet Pg. 558 Attachment: Attachment 1 - Resolution No. 2021-242 Purchase of Caterpillar Model 420 Backhoe Loader (All Wards) [Revision 1] (8543 : 15.b Packet Pg. 559 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 560 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 561 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 562 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 563 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 564 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 565 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 566 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 567 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 568 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 569 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 570 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 571 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 572 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 573 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 574 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 575 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) 15.b Packet Pg. 576 Attachment: Attachment 2 - Sourcewell Backhoe Loader Quote (8543 : Purchase of Caterpillar Model 420 Backhoe Loader (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Consultant Agreements for On-Call Architectural Services (All Wards) Recommendation Adopt Resolution No. 2021-243 of the Mayor and City Council of the City of San Bernardino, California, approving Agreements with Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs in an amount not-to-exceed $500,000 for each consultant to provide as-needed, on-call, architectural services for various Capital Improvement Program (CIP) construction and modernization projects. Background On June 16, 2021, the Mayor and City Council adopted Resolution No. 2021 -138 approving the Fiscal Year 2021/22 Capital Improvement Program (CIP) and adopted the City’s final budget document for Fiscal Year 2021/22. Approved CIP’s are included in the General Buildings, Parks, Street Improvements, Storm Drain, Street Lights & Traffic Signals, Police, and Landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s Capital Improvement Program (CIP), which is adopted annually by the Mayor and City Council. This program, in general, consists of design and construction of roads, bridges, buildings, grading, drainage, landscaping, handicap ramps, and other public improvements. Occasionally for construction of a project, additional inspection expertise and construction management services are needed, including development of conceptual plans, design schemes, project budget and estimates, construction drawings and plan submissions for the permit process and technical specifications, and related services necessary to coordinate the work related to delivery of Capital projects in accordance with contract documents and City requirements. Duties will include, but not be limited to, professional architectural des ign of Public Works Projects as approved by Mayor and City Council and assigned by the City Engineer. Discussion On June 29, 2021, Public Works requested proposals to provide on -call architectural services for Capital Improvement Programs construction and modernization projects. On July 15, 2021, proposals were received from seven companies. 16 Packet Pg. 577 8550 Page 2 A selection committee consisting of management level staff reviewed the proposals and the following five firms were invited to present their proposals and interview on August 24 and 25, 2021: No. Firm Location 1 Miller Architects Redlands 2 SVA Architects, Inc. Santa Ana 3 Westgroup Designs Irvine 4 Cannon Design Riverside 5 TR Design Riverside The proposals from the firms were evaluated by staff based on several criteria including: · Understanding of the work to be performed · Experience with similar kinds of work · Qualifications of key personnel · Capability of developing innovative or advanced techniques · Familiarity with state and federal procedures · Financial responsibility · Demonstrated technical ability All the firms attended the presentation and were interviewed by the panel. Miller Architects, SVA Architects Inc., and Westgroup Designs received superior ratings in the areas of related experience, adequacy of staff, completion schedule, depth of understanding of the project and project approach. The firms have extensive experience and successfully completed similar tasks for numerous cities throughout Southern California. Using the approved consultant selection process, the panel determined that the firms of Miller Architects, SVA Architects Inc., and Westgroup Designs Inc. demonstrated the best capability to provide On-Call Architectural Services to the City. Contract Amount and Multiple Agreements Staff recommends that multiple agreements be awarded in order to provide on -call architectural services. In doing so, this will assist to maintain efficient services to the City in the event the demand for architectural services increase. Furthermore, if the availability of one firm is hindered, staff can defer to one of the other approved firms without delaying required services. All firms are aware of, and support, this proposed strategy of the City entering into an agreement with three firms for similar services. Staff is recommending that a maximum contract in an amount not to exceed $500,000 be provided to Miller Architects, SVA Architects Inc., and Westgroup Designs, over a one-year contract term. The Agreements shall expire on October 5, 2022, unless earlier terminated. Agreements may be administratively extended by the City Manager or designee for a maximum of two additional years with the contract in an amount not to 16 Packet Pg. 578 8550 Page 3 exceed $500,000 for each extension per consultant. The total duration of the Agreements, including the exercise of any options, shall not exceed October 5, 2024. Any work related to City projects will be funded from the Mayor and City Council approved budgeted CIP project funds. All work will only be authorized by task-order on an as-needed basis. In order to control costs, the firms will be required to submit a fee proposal when requested to design a CIP project. The fee will be charged against the account number for the specific CIP project. There is no guarantee of a minimum amount of work to any of the consultants. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City. Fiscal Impact There is no General Fund impact associated with this action. Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs services will be paid through various and previously approved CIP projects. Sufficient funds are available in the current budget to absorb the contract amount. Conclusion It is recommended that the Mayor and City Council of City of San Bernardino, California, adopt Resolution No. 2021-243, approving Agreements with Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs in an amount not -to-exceed $500,000 for each consultant to provide as-needed, on-call, architectural services for various Capital Improvement Program (CIP) construction and modernization projects. Attachments Attachment 1 Resolution No. 2021- 243; Attachment 2 Exhibit A-Miller Architectural Corporation Attachment 3 Exhibit B- Agreement SVA Architects, Inc. Attachment 4 Exhibit C- Agreement Westgroup Designs Ward: All Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22 16 Packet Pg. 579 Resolution No. 2021-243 Resolution 2021-243 October 6, 2021 Page 1 of 3 RESOLUTION NO. 2021-243 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AGREEMENTS WITH MILLER ARCHITECTURAL CORPORATION, SVA ARCHITECTS, INC., AND WESTGROUP DESIGNS IN AN AMOUNT NOT TO EXCEED $500,000 FOR EACH CONSULTANT TO PROVIDE AS-NEEDED, ON CALL, ARCHITECTURAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) CONSTRUCTION AND MODERNIZATION PROJECTS WHEREAS, Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs., from Redlands, Santa Ana and Irvine, California respectively are the competent experienced consulting architectural firms and has provided the most advantageous and best proposal to provide as needed on-call Architectural Services for various Capital Improvement Program (CIP) construction and modernization projects; and WHEREAS, in June 2021, staff released a Request for Proposals (RFP) to provide as needed on-call architectural services which resulted in seven submittals from architectural firms throughout California; and WHEREAS, submittals from all firms were evaluated by staff and Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs. were ultimately selected to provide on-call Architectural Services; and WHEREAS, the City now wishes to enter into Professional Services Agreements with the firms of Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs. to provide as needed on-call architectural services for the Public Works Department. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to execute separate Professional Services Agreements, and any supporting documents attached hereto as Exhibits “A”, “B” and “C”, respectively with in a collective annual amount totaling up to $1,500,000 ($500,000 each firm) to provide as needed on-call architectural services on behalf of the City. SECTION 3. The Agreements shall expire on October 5, 2022, unless earlier terminated. Agreements may be administratively extended by the City Manager or designee for a maximum of two (2) additional years with the contract amount of $500,000 for each extension per each firm. 16.a Packet Pg. 580 Attachment: Attachment 1 - Resolution No. 2021-243 Consultant Agreements for On-Call Architectural Services (All Wards) [Revision 1] (8550 : Resolution No. 2021-243 Resolution 2021-243 October 6, 2021 Page 2 of 3 The total duration of the Agreements, including the exercise of any options, shall not exceed October 5, 2024. SECTION 4. In order to control costs, the firms will be required to submit a fee proposal when requested to design a CIP project. The fee will be charged against the account number for the specific CIP project. There is no guarantee of a minimum amount of work to any of the consultants. SECTION 5. Mayor and City Council hereby authorize the Director of Finance to issue a Purchase Order in the amount of $500,000 each to Miller Architectural Corporation, SVA Architects, Inc., and Westgroup Designs for this work, and to issue subsequent purchase orders should extensions be granted in accordance with Section 3 of this Resolution. SECTION 6. Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th day of October, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 581 Attachment: Attachment 1 - Resolution No. 2021-243 Consultant Agreements for On-Call Architectural Services (All Wards) [Revision 1] (8550 : Resolution No. 2021-243 Resolution 2021-243 October 6, 2021 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-243, adopted at a regular meeting held on the 6th day of October, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of October, 2021. 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Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 806 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 807 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 808 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 809 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 810 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 811 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 812 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 813 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 814 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 815 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 816 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 817 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 818 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 819 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) 16.d Packet Pg. 820 Attachment: Attachment 4 - Exhibit C - Westgroup Agreement (8550 : Consultant Agreements for On-Call Architectural Services (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the propo sed vacation of a portion of H Street. Background Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley or a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a portion of H Street was received on May 24, 2021 , from JAKS, LLC. The stated reason for the petition to vacate this portion of the street is to accommodate a new commercial development and reclaim property previously dedicated but no longer in use. Discussion If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will have an opportunity to comment on any conflicts and/or potential issues or concerns. Future actions by the City will consist of: • Resolution of Intention by the Mayor and City Council setting a Public Hearing 17 Packet Pg. 821 8555 Page 2 pursuant to Streets and Highway Code Section 8320 • Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323 • Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324 • Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 2a: Develop and Implement a Community Engagement Plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. The applicant paid $1,840 in fees. Conclusion It recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a portion of H Street. Attachments Attachment 1 Petition Attachment 2 Title Report Attachment 3 Legal Description Attachment 4 Plat Map Attachment 5 Aerial Map Ward: 1 Synopsis of Previous Council Actions: None 17 Packet Pg. 822 Public Works Department – Real Property Division 290 North D Street, San Bernardino, CA 92401 (909) 384-5019 APPLICATION FOR: STREET/ALLEY/EASEMENT VACATION Property Owner/Authorized Agent: ________________________________________________________ Address: _____________________________________________________________________________ Telephone: ___________________________________________________________________________ Locations of Property to be vacated: _______________________________________________________ _____________________________________________________________________________________ Note: This application is hereby submitted to the City of San Bernardino, to initiate proceeding for the following street/alley/easement located in the City of San Bernardino pursuant to Section 8300 et seq. of the State of California Streets and Highways Code. Reason for Street/Alley/Easement Vacation and Proposed Use: ___________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ I understand that a total non-refundable fee of $1,840.00 shall be paid by me as a cost of the proceedings. The remainder of $1,000.00 shall be due and payable after the investigative proceedings are complete and prior to the commencement of the legal proceedings. I further understand that said fees are NOT payment for any real property or improvements thereon, but for the costs of the vacation proceedings ONLY and that the City of San Bernardino does NOT determine underlying ownership of the area to be vacated nor does it guarantee title to any property involved and I have been advised to consult a title company to determine such ownership. I understand that at the conclusion of the investigative proceedings, the City will notify me of its finding including and conflicts with City facilities now located in the area proposed to be vacated, or the request by any utility company for the reservation of any existing easements and that such conflicts or reservations may affect the intended use of the proposed area, once JAKS, LLC Attn: John Kaufman 4727 Wilshire Bl, #610, Los Angeles, CA 90010 323-525-1515 SWC W. 2nd Street and H Street Per City request 17.a Packet Pg. 823 Attachment: Attachment 1 - Petition (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) vacated, and that I may elect to terminate or continue proceedings. If I elect to continue, the remaining unpaid fees shall be paid by me prior to the continuance of said proceedings. I understand that the requested vacation is subject to the approval of the Mayor and Common Council of the City of San Bernardino and that there is no guarantee that such approval will be made. ______________ ____________________________ ____________________________ Date Print Name Signature ____________________ ______________________________________________________ Tel. No. Address – City, State, Zip PLEASE NOTE: The City requests that at least 90% of the adjoining property owners (not tenants) indicate interest in the proposed vacation. Please have all interested parties complete and sign this petition prior to submitting to the City. Attach additional sheets as necessary. We, the undersigned property owners, or authorized agents thereof, have read and understand application and wish to proceed with the requested vacation as stated herein. ______________ ____________________________ ____________________________ Date Print Name Signature ____________________ ______________________________________________________ Tel. No. Address – City, State, Zip ______________ ____________________________ ____________________________ Date Print Name Signature ____________________ ______________________________________________________ Tel. No. Address – City, State, Zip May 21, 2021 John Kaufman, Manager 323-525-1515 4727 Wilshire Bl, #610, Los Angeles, CA 90010 May 21, 2021 JKS-Marshall, L.P., DJ Sun, Manager 323-525-1515 4727 Wilshire Bl, #610, Los Angeles, CA 90010 1500 E. Katella Ave., #5, Orange, CA 92867(657) 223-9133 08/25/2021 JasminPatel 17.a Packet Pg. 824 Attachment: Attachment 1 - Petition (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Larry McGuire Associate Senior Underwriter, Title Service Supervisor Stewart Title Guaranty Company Commercial Services (Los Angeles) 525 North Brand Blvd. Glendale, CA 91203 (818) 502-2723 Phone (818) 241-9173 Fax LMCGUIRE@stewart.com PRELIMINARY REPORT Order No.: 21000110202 Title Unit No.: 11 Your File No.: Buyer/Borrower Name : T/F Seller Name : JAKS LLC Property Address: XX 2nd St., San Bernardino, CA In response to the above referenced application for a Policy of Title Insurance, Stewart Title Guaranty Company Commercial Services (Los Angeles) hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Stewart Title Guaranty Company Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referenced to as an Exception on Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions, and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limits of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report, (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance a binder or commitment should be requested. Dated as of February 10, 2021 at 7:30 a.m. Larry McGuire, Title Officer When replying, please contact:Larry McGuire, Title Officer File No.: 21000110202 Prelim Report COM Page 1 of 7 17.b Packet Pg. 825 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) PRELIMINARY REPORT The form of Policy of Title Insurance contemplated by this report is: ˝CLTA Standard Coverage Policy ®CLTA/ALTA Homeowners Policy ®2006 ALTA Owner's Policy ®2006 ALTA Loan Policy ®ALTA Short Form Residential Loan Policy ® SCHEDULE A The estate or interest in the land hereinafter described or referred to covered by this report is: Fee Title to said estate or interest at the date hereof is vested in: JAKS LLC File No.: 21000110202 Prelim Report COM Page 2 of 7 17.b Packet Pg. 826 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino and described as follows: APN: 0134-337-17 Those portions of Lot 1 and the easterly 25.00 feet of Lot 2, Block 8 of the Water’s Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as shown by map recorded in Book 6, Page 47 of Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at a point on the easterly line of Parcel 6961 as described in a Grant Deed to the State of California, recorded August 3, 1956 in Book 4003, Page 400 of Official Records of said County distant thereon, course “A” North 00°32’38” East, 135.27 feet from the southeast corner of said Parcel; thence North 45°10’51” East, 32.04 feet; thence South 89°23’43” East, 5.96 feet to the beginning of a non- tangent curve concave northerly, having a radius of 690.22 feet, a radial line to said point bears South 00° 31’52” East; thence northeasterly along said non-tangent curve 53.72 feet, through a central angle of 04° 27’35” to the southwesterly line of that certain portion of said Lot 1 as described in an easement to the City of San Bernardino, recorded July 24, 1986 as Instrument No. 86-207619 of Official Records of said County; thence along said southwesterly line South 16°1 9’ 11” East, 0.87 feet to the southeasterly corner of said easement; thence along the easterly line of said Lot 1, also being the westerly right-of-way of Bungalow Court (half-width of 41.25 feet), South 00°22’28” East, 168.73 feet to the southeast corner of said Lot 1; thence along the southerly line of said Lots 1 and 2 South 89°26’57” West, 85.06 feet to an intersection with the southerly prolongation of said course “A”; thence along said southerly prolongation and said course “A” North 00°32’38” East, 145.27 feet to the POINT OF BEGINNING. APN: 0134-337-17 (End of Legal Description) THE MAP ATTACHED THROUGH THE HYPERLINK ABOVE IS BEING PROVIDED AS A COURTESY AND FOR INFORMATION PURPOSES ONLY; THIS MAP SHOULD NOT BE RELIED UPON. FURTHERMORE, THE PARCELS SET OUT ON THIS MAP MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. THERE WILL BE NO LIABILITY, RESPONSIBILITY OR INDEMNIFICATION RELATED TO ANY MATTERS CONCERNING THE CONTENTS OR ACCURACY OF THE MAP. File No.: 21000110202 Prelim Report COM Page 3 of 7 17.b Packet Pg. 827 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) SCHEDULE B At the date hereof, exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy or policies would be as follows: Taxes: A. B. C. D. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes, to be levied for the fiscal year 2021 - 2022. General and special city and/or county taxes, including any personal property taxes, and any assessments collected with taxes, for the fiscal year 2020 - 2021: 1st Installment: $3,826.56 Status 1st: Paid 2nd Installment: $3,826.56 Status 2nd: Open Parcel No.: 0134-337-17-0-000 Code Area/Tracer No.: 007067 Prior to recording, the final amount due for taxes must be confirmed with tax collector. Taxes and/or assessments affecting the Land, if any, for community facility districts, including Mello Roos, which may exist by virtue of assessment maps or filed notices. These taxes and/or assessments are typically collected with the county taxes; however, sometimes they’re removed and assessed and collected separately. The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (commencing with Section 75) of the revenue and taxation code of the State of California. Exceptions: 1. 2. 3. 4. 5. 6. Water rights, claims or title to water in or under the Land, whether or not shown by the public records. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. Any interests (including rights of the public) in and to any portion of the Land lying within roads, streets, alleys or highways. The fact that the ownership of said land does not include any rights of access to the state freeway, said rights having been relinquished together with a waiver of any claims for damages, in the deed recorded August 3, 1956 in Book 4003, Page 400 of Official Records. Reference is made to said document for full particulars. A waiver in favor of the State of California of any claims for damages to said land by the reasons of the location of a freeway or highway shown in connection with a highway contiguous thereto, in favor of State of California, recorded August 3, 1956, in Book 4003, Page 400, of Official Records. An easement for public utilities, sanitary sewers and appurtenances facilities and rights incidental thereto as set forth in a document recorded April 14, 1981 as Instrument No.81-081236, of Official Records, affects said land. File No.: 21000110202 Prelim Report COM Page 4 of 7 17.b Packet Pg. 828 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) 7. 8. 9. 10. 11. 12. 13. 14. An easement for street and highway purposes and rights incidental thereto in favor of City of San Bernardino as set forth in a document recorded July 24, 1986 as Instrument No.86-207619, of Official Records, affects said land. An easement for public utilities access and rights incidental thereto in favor of Southern California Edison Company, a corporation, its successors and assigns as set forth in a document recorded January 15, 1987 as Instrument No.87-012804, of Official Records, affects said land. An easement for street and highway and rights incidental thereto in favor of City of San Bernardino as set forth in a document recorded January 14, 1988 as Instrument No.88-012235, of Official Records, affects said land. The possibility that the ownership of said land does not include rights of access to or from a public street or highway abutting said land, such rights having been severed from said land by the document recorded December 29, 2008 as Instrument No.2008-0570451 and November 5, 2010 as Instrument No.2010-0460824, both of Official Records, which affects 2nd Street. The fact that the ownership of said land does not include rights of access to or from a public street or highway abutting said land, such rights having been severed from said land by the document recorded June 6, 2017 as Instrument No.2017-0230370 of Official Records, which affects said land. Please be advised that the search did not disclose any open deeds of trust. If you have knowledge of any outstanding obligations, please contact your title officer immediately for further review. In order to insure a conveyance, acquisition or encumbrance by the limited liability company named below, you must provide the following: Limited liability company: JAKS LLC a. A certified copy of the articles of organization (Form LLC-1), and any filed amendment (Form LLC-2) or restatement (Form LLC-10), if applicable. b. A copy of the operating agreement and any amendments. Additional requirements or items may be requested upon review of the required documents set forth above. Rights of tenants in possession whether or not recorded in the public record. Typist: BG (End of Exceptions) File No.: 21000110202 Prelim Report COM Page 5 of 7 17.b Packet Pg. 829 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) NOTES AND REQUIREMENTS A. B. C. D. E. There are no transfers or conveyances shown in the public records within 24 months of the date of this Preliminary Report. If you have knowledge of any transfers or conveyances, please contact your title officer immediately for further requirements. If an Owner's Policy of title insurance is requested, a CLTA Standard Coverage Owner's Policy will be issued unless instructed otherwise. If a different form of policy is desired, please contact your Title Officer. All Transactions - Seller(s) and Buyer(s) or Borrowers are provided, as attachments, the document entitled "Acknowledgement of Receipt, Understanding and Approval of STG Privacy Notice for Stewart Title Companies and Stewart’s Affiliated Business Arrangement Disclosure Statement" and the individually named documents, for review and acknowledgment prior to closing. All Transactions - Buyer(s)/Seller(s)/Borrower(s) are provided the Preliminary Report for review and acknowledgment prior to closing. Buyer(s) approval shall include the Preliminary Report items that are to remain as exceptions to the title policy. Purchase Transactions Only - Seller(s)/Owner(s) are provided Stewart Title Guaranty Company's Owner’s Affidavit and Indemnity for completion and submission prior to closing. File No.: 21000110202 Prelim Report COM Page 6 of 7 17.b Packet Pg. 830 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) CALIFORNIA "GOOD FUNDS" LAW California Insurance Code Section 12413.1 regulates the disbursement of escrow and sub-escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds received by Stewart Title Guaranty Company Commercial Services (Los Angeles) via wire transfer may be disbursed upon receipt. Funds received via cashier’s checks or teller checks drawn on a California Bank may be disbursed on the next business day after the day of deposit. If funds are received by any other means, recording and/or disbursement may be delayed, and you should contact your title or escrow officer. All escrow and sub-escrow funds received will be deposited with other escrow funds in one or more non-interest bearing escrow accounts in a financial institution selected by Stewart Title Guaranty Company Commercial Services (Los Angeles). Stewart Title Guaranty Company Commercial Services (Los Angeles) may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and Stewart Title Guaranty Company Commercial Services (Los Angeles) shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by Stewart Title Guaranty Company Commercial Services (Los Angeles). Such benefits shall be deemed additional compensation to Stewart Title Guaranty Company Commercial Services (Los Angeles) for its services in connection with the escrow or sub- escrow. If any check submitted is dishonored upon presentation for payment, you are authorized to notify all principals and/or their respective agents of such nonpayment. File No.: 21000110202 Prelim Report COM Page 7 of 7 17.b Packet Pg. 831 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) OWNER'S AFFIDAVIT AND INDEMNITY Order Number: 21000110202 Address/Location:XX 2nd St., San Bernardino, CA APN:0134-337-17 In connection with the request of the Undersigned (“Affiant”) for the preparation and issuance of insurance, Affiant makes the following statements and representations for the benefit of, and reliance by, title insurer STEWART TITLE GUARANTY COMPANY (hereafter referred to as “TITLE”): 1. 2. 3. 4. 5. 6. 7. 8. Affiant owns and holds title to property described in Schedule A of the Preliminary Report or Commitment issued in connection with the above referenced Order Number (the “Property”). The Affiant's possession of the Property has been peaceful and undisturbed, and title thereto has never been disputed, questioned or rejected, nor has the issuance of title insurance ever been refused, except as follows: (If none, please state “none”) ____________________________________________________________________________________ Other than the Affiant, there are no parties entitled to possession of the Property other than the following: (If none, please state “none”) ____________________________________________________________________________________ There are no leases, licenses, options, rights of first refusal, or contracts to sell, affecting the Property, or any parties currently in possession, of the Property, except the following: (If none, please state “none”) ____________________________________________________________________________________ All assessments by a management, common area, building maintenance or homeowner association, if any, are paid current or are not yet due and payable. There are no pending contemplated repairs/improvements to the Property, except the following: (If none, please state “none) ____________________________________________________________________________________ There has been no building materials, repairs, improvements, or remodeling performed, provided, furnished or delivered within the last 12 months, except as follows: (If none, please state “none”) ____________________________________________________________________________________ Affiant is not aware of the existence of any of the following:: a. b. c. d. e. f. g. h. i. j. k. Improvements encroaching into any easements or over any boundary lines of the Property. Adjoining property improvements encroaching onto the Property. Liens against the Property and/or judgments or tax liens against Affiant or any other property owner currently in title, except those described in the Preliminary Report or Commitment issued in connection with the above referenced Order Number. Outstanding claims or persons entitled to claims for mechanics' or materialman liens against the Property. Pending repairs/improvements to the adjacent street(s). Any pending litigation involving the Property, the Affiant or any other property owner currently in title. Recent improvements completed or being made to any common area(s) located within the subdivision in which the Property is located. Violations of any recorded covenants, conditions and/or restrictions imposed on the Property. Any pending assessments for Community Facility Districts. Any new, pending or existing obligation or loan including any home improvements on the Property pursuant to the PACE or HERO program, or any other similar type program. Any use of the property for the production, sale, warehousing or transporting of fresh fruits, vegetables, livestock or poultry (e.g. supermarkets, restaurants, wineries, breweries and meat packing plants). With regard to 8a.-8k, except as follows: (If none, please state “none”) File No.: 21000110202 Owners Affidavit and Indemnity CA COM Page 1 of 3 Rev. 04-2019 17.b Packet Pg. 832 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) 9. 10. 11. ____________________________________________________________________________________ No proceedings in bankruptcy or receivership have been instituted by or against the Affiant or any other property owner currently in title. There are no unpaid utility type bills including but not limited to bills for water, sewer, hazardous waste, recycling, storm drain and/or rubbish and there are no liens related to such utilities from or on the Property, with the exception of the following:(If none, please state “none”) ____________________________________________________________________________________ There are no financial obligations secured by trust deeds, mortgages, financing statements, vendor’s liens, security agreements or otherwise, against the Property, except as set forth in the Preliminary Report, proforma and/or Commitment, and as set forth below: (If none, please state “none”) Creditor Approximate Balance 12. 13. There has been no harvesting or production of any oil, gas, geothermal materials or other minerals from or on the Property and there are no oil, gas, geothermal and/or mineral leases, licenses, options, rights of first refusal, and/or contracts to sell, affecting the mineral rights associated with the Property, or other parties currently in possession, of the mineral rights on the Property, except the following: (If none, please state “none”) ____________________________________________________________________________________ Other than the Affiant, there are no other parties currently in possession of the Property, including but not limited to, any possessory interest associated with the harvesting of any oil, gas, geothermal materials or other minerals, except the following: (If none, please state “none”) ____________________________________________________________________________________ This is a sworn affidavit and is made for the purpose of inducing TITLE to provide certain insurance coverage to a purchaser and/or lender, and the representations contained herein are material to such insurance coverage. The undersigned hereby indemnifies and holds TITLE harmless from any loss or damage, liability, costs, expenses and attorneys’ fees which it may sustain under its policies of title insurance or commitments to the extent any representation contained herein is incorrect. The undersigned understands that TITLE may decide not to provide the requested title insurance despite the information and affirmations contained herein. PLEASE READ, COMPLETE AND RESPOND TO ALL STATEMENTS CONTAINED IN THIS OWNER'S AFFIDAVIT AND INDEMNITY BEFORE SIGNING IN THE PRESENCE OF A NOTARY PUBLIC. THE NOTARY PUBLIC WILL EXECUTE THE ACKNOWLEDGMENT ON THE FOLLOWING PAGE. HOWEVER, IF YOU DO NOT UNDERSTAND OR HAVE ANY QUESTIONS ABOUT THIS AFFIDAVIT, YOU SHOULD SEEK THE ASSISTANCE OF YOUR INDEPENDENT FINANCIAL AND/OR LEGAL ADVISOR BEFORE SIGNING. ________________________________________ JAKS LLC File No.: 21000110202 Owners Affidavit and Indemnity CA COM Page 2 of 3 Rev. 04-2019 17.b Packet Pg. 833 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) ) ss. County of _______________) Subscribed and sworn to (or affirmed) before me on this _______ day of _________________________, 20____, by _______________________________________________________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. ____________________________________________ Notary Signature File No.: 21000110202 Owners Affidavit and Indemnity CA COM Page 3 of 3 Rev. 04-2019 17.b Packet Pg. 834 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Larry McGuire Associate Senior Underwriter, Title Service Supervisor Stewart Title Guaranty Company Commercial Services (Los Angeles) 525 North Brand Blvd. Glendale, CA 91203 (818) 502-2723 Phone (818) 241-9173 Fax LMCGUIRE@stewart.com Date : February 22, 2021 Escrow Officer : Escrow No.: 21000110202 Title Order No.: 21000110202 Property Address : XX 2nd St., San Bernardino, CA SELLER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Seller(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company - Commercial Services under Order No. 21000110202, dated February 10, 2021 and hereby approves the legal description of subject property shown on Schedule A of the report. Seller(s) Acknowledgement: Seller(s) herein warrant and confirm that, to Seller(s) knowledge, all Deeds of Trusts (e.g., mortgages, loans and lines of credit), liens, judgments and/or encumbrances affecting Seller(s) and subject property are reflected in the Preliminary Report. If not, Seller(s) will provide Escrow Holder with information to facilitate the pay-off and/or removal of any such items before or at the close of escrow. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Seller(s): ________________________________________ JAKS LLC Escrow No.: 21000110202 Prelim Approval BP SCE Page 1 of 2 17.b Packet Pg. 835 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Larry McGuire Associate Senior Underwriter, Title Service Supervisor Stewart Title Guaranty Company Commercial Services (Los Angeles) 525 North Brand Blvd. Glendale, CA 91203 (818) 502-2723 Phone (818) 241-9173 Fax LMCGUIRE@stewart.com Date : February 22, 2021 Escrow Officer : Escrow No.: 21000110202 Title Order No.: 21000110202 Property Address : XX 2nd St., San Bernardino, CA BUYER ACKNOWLEDGEMENT OF RECEIPT, UNDERSTANDING AND APPROVAL OF PRELIMINARY REPORT The undersigned Buyer(s) hereby acknowledge receipt of a copy of the Preliminary Report issued by Stewart Title Guaranty Company - Commercial Services under Order No. 21000110202, dated February 10, 2021 and hereby approves the legal description of subject property shown on Schedule A of the report. Buyer(s) Approval of Preliminary Report: Buyer(s) herein hereby approves Items * of Schedule B of the report to be included in the Policy of Title Insurance as exceptions when written. Further, Buyer(s) hereby acknowledge receipt and approval of the Covenants, Conditions and Restrictions, and any and all Schedule B exceptions detailed above, for example, easements, right-of-ways, and restrictions, if any. The undersigned have received a copy of this acknowledgement as evidenced by the signature below. Buyer(s): ________________________________________ T/F Escrow No.: 21000110202 Prelim Approval BP SCE Page 2 of 2 17.b Packet Pg. 836 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) EXHIBIT "A" LEGAL DESCRIPTION Order No.:21000110202 Escrow No.:21000110202 The land referred to herein is situated in the State of California, County of San Bernardino, City of San Bernardino and described as follows: APN: 0134-337-17 Those portions of Lot 1 and the easterly 25.00 feet of Lot 2, Block 8 of the Water’s Subdivision, in the City of San Bernardino, County of San Bernardino, State of California, as shown by map recorded in Book 6, Page 47 of Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at a point on the easterly line of Parcel 6961 as described in a Grant Deed to the State of California, recorded August 3, 1956 in Book 4003, Page 400 of Official Records of said County distant thereon, course “A” North 00°32’38” East, 135.27 feet from the southeast corner of said Parcel; thence North 45°10’51” East, 32.04 feet; thence South 89°23’43” East, 5.96 feet to the beginning of a non- tangent curve concave northerly, having a radius of 690.22 feet, a radial line to said point bears South 00° 31’52” East; thence northeasterly along said non-tangent curve 53.72 feet, through a central angle of 04° 27’35” to the southwesterly line of that certain portion of said Lot 1 as described in an easement to the City of San Bernardino, recorded July 24, 1986 as Instrument No. 86-207619 of Official Records of said County; thence along said southwesterly line South 16°1 9’ 11” East, 0.87 feet to the southeasterly corner of said easement; thence along the easterly line of said Lot 1, also being the westerly right-of-way of Bungalow Court (half-width of 41.25 feet), South 00°22’28” East, 168.73 feet to the southeast corner of said Lot 1; thence along the southerly line of said Lots 1 and 2 South 89°26’57” West, 85.06 feet to an intersection with the southerly prolongation of said course “A”; thence along said southerly prolongation and said course “A” North 00°32’38” East, 145.27 feet to the POINT OF BEGINNING. APN: 0134-337-17 (End of Legal Description) 17.b Packet Pg. 837 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) AFFILIATED BUSINESS ARRANGEMENT DISCLOSURE STATEMENT Date:February 22, 2021 Escrow No.: 21000110202 Property:XX 2nd St., San Bernardino, CA From:Stewart Title Guaranty Company - Commercial Services This is to give you notice that Stewart Title Guaranty Company - Commercial Services (“Stewart Title”) has a business relationship with Stewart Solutions, LLC, DBA – Stewart Specialty Insurance Services, LLC (“Stewart Insurance”). Stewart Information Services Corporation owns 100% of Stewart Insurance and Stewart Title of California. Because of this relationship, this referral may provide Stewart Title a financial or other benefit. Set forth below is the estimated charge or range of charges for the settlement services listed. You are NOT required to use the listed provider(s) as a condition for purchase, sale, or refinance of the subject Property. THERE ARE FREQUENTLY OTHER SETTLEMENT SERVICE PROVIDERS AVAILABLE WITH SIMILAR SERVICES. YOU ARE FREE TO SHOP AROUND TO DETERMINE THAT YOU ARE RECEIVING THE BEST SERVICES AND THE BEST RATE FOR THESE SERVICES. Stewart Insurance Settlement Service Charge or range of charges Hazard Insurance $400.00 to $6,500.00 Home Warranty $255.00 to $ 780.00 Natural Hazard Disclosure Report $ 42.50 to $ 149.50 Escrow No.: 21000110202 ABA Disclosure 2007 BP SCE Page 1 of 1 17.b Packet Pg. 838 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) CLTA Preliminary Report Form Exhibit A (11-09-18) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY – 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1.(a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2.Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3.Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4.Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5.Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6.Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. 2. 3. 4. 5. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. Easements, liens or encumbrances, or claims thereof, not shown by the public records. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy (Rev. 11-9-18)Page 1 of 5 17.b Packet Pg. 839 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (12-02-13) EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1.Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. improvements on the Land; e. land division; f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2.The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3.The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4.Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5.Failure to pay value for Your Title. 6.Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. 7.The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors' rights laws. 8.Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 9.Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: *For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 $10,000.00 (whichever is less) Covered Risk 18:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 19:1% of Policy Amount or $5,000.00 $25,000.00 (whichever is less) Covered Risk 21:1% of Policy Amount or $2,500.00 $5,000.00 (whichever is less) (Rev. 11-9-18)Page 2 of 5 17.b Packet Pg. 840 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule B - Part II, this policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: PART I 1.(a) taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5.(a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy. PART II In addition to the matters set forth in Part I of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage: (Rev. 11-9-18)Page 3 of 5 17.b Packet Pg. 841 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1.(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1.Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2.Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3.Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title t hat would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5.(a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6.Any lien or right to a lien for services, labor or material unless such lien is shown by the Public Records at Date of Policy.. (Rev. 11-9-18)Page 4 of 5 17.b Packet Pg. 842 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of: 1.a.Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i)the occupancy, use, or enjoyment of the Land; (ii)the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) the subdivision of land; or (iv) environmental protection or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. b.Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2.Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3.Defects, liens, encumbrances, adverse claims or other matters: (a)created, suffered, assumed or agreed to by the Insured Claimant; (b)not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c)resulting In no loss or damage to the Insured Claimant; (d)attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e)resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4.Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5.Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6.Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7.Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8.The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9.Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a)a fraudulent conveyance or fraudulent transfer, or (b)a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10 Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. (Rev. 11-9-18)Page 5 of 5 17.b Packet Pg. 843 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 21000110202 Page 1 Revised 01-01-2020 17.b Packet Pg. 844 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: ü ü ü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 21000110202 Page 2 Revised 01-01-2020 17.b Packet Pg. 845 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Stewart obtains the categories of personal information listed above from the following categories of sources: ü ü ü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: ü ü ü ü ü ü ü ü ü ü ü ü ü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü ü ü ü ü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 21000110202 Page 3 Revised 01-01-2020 17.b Packet Pg. 846 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 21000110202 Page 4 Revised 01-01-2020 17.b Packet Pg. 847 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 21000110202 Page 5 Revised 01-01-2020 17.b Packet Pg. 848 Attachment: Attachment 2 - Title Report (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Page 1 of 2 EXHIBIT “A” LEGAL DESCRIPTION STREET VACATION OF A PORTION OF “H” STREET THAT PORTION OF “H” STREET, AS SHOWN ON PARCEL MAP NO. 8965 RECORDED IN BOOK 95, PAGE 38 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, IN THE CITY OF SAN BERNARDINO, OF SAID COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED AS DD019618-01-01 RECORDED JUNE 6, 2017, AS INSTRUMENT NO. 2017-0230370, OFFICIAL RECORDS OF SAID COUNTY. THENCE NORTH 00°22’28” WEST, ALONG THE EASTERLY LINE OF SAID PARCEL AND THE WEST RIGHT OF WAY OF SAID “H” STREET A DISTANCE OF 168.73 FEET TO AN ANGLE POINT IN SAID EASTERLY LINE. THENCE NORTH 16°19’11”WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL, A DISTANCE OF 0.87 FEET TO THE NORTHERLY LINE OF SAID PARCEL. THENCE NORTH 89°37’32”EAST, ALONG A LINE THAT IS PERPENDICULAR TO SAID EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 82.74 FEET, TO A POINT ON THE WESTERLY LINE OF LOT 10, BLOCK 7 OF THE WATER’S SUBDIVISION, AS SHOWN ON MAP RECORDED IN BOOK 6 OF MAPS, PAGE, 47, OF SAID COUNTY, SAID WESTERLY LINE ALSO BEING THE EAST RIGHT OF WAY OF SAID “H” STREET. THENCE SOUTH 00°22’28” EAST, ALONG SAID WESTERLY LINE OF LOT 10 AND SAID EASTERLY RIGHT OF WAY OF “H” STREET, SHOWN AS SOUTH 00°01’20” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 98.85 FEET TO THE NORTHEAST CORNER OF PARCEL 1, OF SAID PARCEL MAP 8965. THENCE SOUTH 89°38’14” WEST, ALONG THE NORTHERLY LINE OF SAID PARCEL 1, SHOWN AS SOUTH 89°58’00” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 41.25 FEET TO THE CENTERLINE OF SAID “H” STREET, AS SHOWN ON SAID PARCEL MAP. THENCE SOUTH 00°22’28” EAST, ALONG SAID CENTERLINE OF “H” STREET, SHOWN AS SOUTH 00°01’20” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 70.60 FEET TO THE AN ANGLE POINT IN SAID NORTHERLY LINE OF PARCEL 1. THENCE SOUTH 89°26’49” WEST, ALONG SAID NORTHERLY LINE OF PARCEL 1, SHOWN AS SOUTH 89°50’37” WEST ON SAID PARCEL MAP 8965, A DISTANCE OF 41.25 FEET TO THE POINT OF BEGINNING. 17.c Packet Pg. 849 Attachment: Attachment 3 - Legal Description (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) Page 2 of 2 CONTAINING APPROXIMATELY 11,069 SQUARE FEET. This legal description was prepared by me or under my direction. ______________________________________ Edward J. Bonadiman, PLS Date 9-10-21 17.c Packet Pg. 850 Attachment: Attachment 3 - Legal Description (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) "H" ST2ND ST CL LOT 1 0 MB 6/ 4 7 LOT 1 MB 6/ 4 7 PAR C E L 1 PM N o. 8 9 6 5 MB 9 5/ 3 8CL E S T . 1 9 4 1 PREPARED BY: PROPOSED STREET VACATION CITY OF SAN BERNARDINO, CA OF A PORTION OF "H" STREET 17.d Packet Pg. 851 Attachment: Attachment 4 - Plat Map (8555 : Authorization to Proceed - Street Vacation of Portion of H Street (Ward 1)) 9/10/21, 10:22 AM Google Maps https://www.google.com/maps/@34.1022287,-117.3011224,231m/data=!3m1!1e3 1/1 Imagery ©2021 County of San Bernardino, Maxar Technologies, U.S. Geological Survey, Map data ©2021 Google 50 ft 17.e Packet Pg. 852 Attachment: Attachment 5 - Aerial Map (8555 : Authorization to Proceed - Street Vacation of Portion of H Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Award of PSA for Local Roadway Safety Plan (LRSP) Report (All Wards) Recommendation Adopt Resolution No. 2021-244 of the Mayor and City Council of the City of San Bernardino, California, approving the Award of a Professional Service Agreement in the amount of $177,999.64 for the preparation of the Local Roadway Safety Plan (LRSP) with KOA Co. Background The City has applied for and has been awarded grant funding for the preparation of a Local Roadway Safety Plan (LRSP) through the Caltrans grant program. Completion of a LRSP is required for the City to be eligible for future Highway Safety Improvement Program (HSIP) funding. On February 3, 2021, the Mayor and City Council adopted Resolution No 2021 -23 accepting the Local Roadway Safety Plan (LRSP) grant in the amount of $180,000; approving grant matching funds in the amount of $20,000 from Local Regional Circulation Funds; and authorizing the Director of Finance to amend the 2020/2021 Capital Improvement Plan to add the Local Roadway Safety Plan in a total p roject amount of $200,000. Discussion A Local Roadway Safety Plan (LRSP) provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. Preparing a LRSP provides an opportunity to address unique roadway safety needs in San Bernardino while contributing to the success of the State’s Strategic Highway Safety Plan. Staff is considering a process that is tailored to the community’s needs and issues. It would begin with safety data analysis and stakeholder engagement, resulting in the selection of areas of emphasis. Examples of areas of emphasis may include places that experience unsafe speeds, pedestrian safety, and intersection accidents. The process would further help the Mayor and City Council to prioritize future safety improvements on the local streets. 18 Packet Pg. 853 8561 Page 2 The City has received HSIP grants in the past. The completion of an LRSP will ensure that the City continues to meet the eligibility requirement to apply and receive HSIP funds in the future. In addition, the LRSP will build the foundation for a comprehensive identification of safety issues and subsequent development of improvements. On March 15, 2021, staff advertised for the preparation of the LRSP report on the City’s website. On April 15, 2021, staff received six proposals from the following firms: No. Firm Location 1 Kimley-Horn and Associates Riverside 2 KOA Corporation Ontario 3 Willdan Engineering San Bernardino 4 TJKM Pleasanton 5 LLG Irvine 6 Minagar & Associates, Inc. Laguna Hills A selection committee consisting of staff from the City of Highland and the City of Fontana reviewed the proposals. The following three firms were invited to present their proposals/interview to the selection panel on June 30, 2021: No. Firm Location 1 Kimley-Horn and Associates Riverside 2 KOA Corporation Ontario 3 Willdan Engineering San Bernardino On August 4, 2021, the Mayor and City Council approved an award for a Professional Service Agreement (PSA) with Kimley-Horn and Associates, Inc. Following the award, Kimley-Horn and Associates, Inc. requested modifications to the PSA; however, after consultation with City’s legal team, it was determined that the City would not modify the terms of the agreement. Kimley-Horn and Associates, Inc., was given an ultimatum to respond to the City by September 3, 2021, of their intent to continue honoring the PSA without any changes. On September 2, 2021, staff received a formal letter from the firm requesting withdrawal from the PSA, citing their disagreement with certain legal sections of the PSA. Immediately following Kimley-Horn’s withdrawal, staff contacted KOA Corporation, the second firm on the list, and informed their management team that they have been selected to prepare the LRSP. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. 18 Packet Pg. 854 8561 Page 3 Fiscal Impact There is no General Fund Impact associated with this action. The LRSP grant amount is $200,000 and 90% of this grant ($180,000) is funded with State monies, with a required 10% ($20,000) local match. Currently, Local Regional Circulation Fund (Fund 263) was authorized to be used for the required local match. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-244, approving the award of a Professional Service Agreement in the amount of $177,999.64 for the preparation of the Local Roadway Safety Plan (LRSP) with KOA Co. Attachments Attachment 1 Resolution No. 2021-244 Attachment 2 Professional Service Agreement - KOA - Attachment A Ward: All Synopsis of Previous Council Actions: February 3, 2021 Mayor and City Council approved Resolution No. 2021-23 accepting the Local Roadway Safety Plan (LRSP) grant in the amount of $180,000. August 4, 2021 Mayor and City Council approved Resolution No. 2021 - 97, awarding a Professional Service Agreement (PSA) with Kimley- Horn and Associates, Inc. for the Local Roadway Safety Plan (LRSP). 18 Packet Pg. 855 Resolution No. 2021-244 Resolution No. 2021-244 October 6, 2021 Page 1 of 4 RESOLUTION NO. 2021-244 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $177,999.64 FOR THE PREPARATION OF THE LOCAL ROADWAY SAFETY PLAN (LRSP) WITH KOA CORPORATION WHEREAS, the City of San Bernardino Public Works Department is responsible for the preparation of federal/state aid transportation related funding applications, evaluate and implement safety measures adjacent to schools and throughout the City of San Bernardino, evaluate stop sign installations, parking restrictions, and painted curbs for loading and unloading of passenger and commercial vehicles; and WHEREAS, On February 3, 2021, the Mayor and City Council adopted Resolution No 2021-23 accepting the Local Roadway Safety Plan (LRSP) grant in the amount of $180,000; approving grant matching funds in the amount of $20,000 from Local Regional Circulation Funds; authorizing the Director of Finance to amend the 2020/2021 Capital Improvement Plan to add the Local Safety Plan in a total project amount of $200,000; and authorizing the City Manager to execute project agreements and certificates for the preparation of the LRSP; and WHEREAS, in March 2021, staff solicited proposals for the preparation of the LRSP and in April, 2021 received proposals from six firms; and WHEREAS, in June 2021, staff conducted interviews for the top three firms for the selection of the firm to be awarded a Professional Services Agreement for the preparation of the Local Roadway Safety Plan (LRSP) Report; and WHEREAS, following evaluation of submittals from all firms, Kimley-Horn and Associates, Inc., was ultimately selected to prepare the Local Roadway Safety Plan (LRSP) Report; and WHEREAS, on August 4, 2021, City Council awarded a Professional Service Agreement to Kimley-Horn and Associates, Inc; and WHEREAS, in September, Kimley-Horn and Associates, Inc. requested modification to the Professional Service Agreement; and WHEREAS, on September 2, Kimley-Horn and Associates, Inc, formally withdraw its acceptance to prepare the Local Roadway Safety Plan (LRSP); and WHEREAS, KOA Corporation accepted the terms and conditions of the Professional Service Agreement; and 18.a Packet Pg. 856 Attachment: Attachment 1 - Resolution No. 2021-244 Award of PSA for Local Roadway Safety Plan (LRSP) Report (All Wards) (8561 : Award of Resolution No. 2021-244 Resolution No. 2021-244 October 6, 2021 Page 2 of 4 WHEREAS, the City now wishes to enter into a Professional Service agreement with KOA Corporation to prepare the Local Roadway Safety Plan (LRSP) for the Public Works Department. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager, or designee, is hereby authorized to execute a Professional Services Agreement with KOA Corporation, and any supporting documents, to prepare the Local Roadway Safety Plan (LRSP), attached hereto and incorporated herein as Exhibit “A”. SECTION 3. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $177,999.64 to KOA Corporation for this work. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, 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. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 6th of October, 2021. John Valdivia, Mayor City of San Bernardino 18.a Packet Pg. 857 Attachment: Attachment 1 - Resolution No. 2021-244 Award of PSA for Local Roadway Safety Plan (LRSP) Report (All Wards) (8561 : Award of Resolution No. 2021-244 Resolution No. 2021-244 October 6, 2021 Page 3 of 4 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 858 Attachment: Attachment 1 - Resolution No. 2021-244 Award of PSA for Local Roadway Safety Plan (LRSP) Report (All Wards) (8561 : Award of Resolution No. 2021-244 Resolution No. 2021-244 October 6, 2021 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-244, adopted at a regular meeting held on the 6th day of October, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of October, 2021. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 859 Attachment: Attachment 1 - Resolution No. 2021-244 Award of PSA for Local Roadway Safety Plan (LRSP) Report (All Wards) (8561 : Award of 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA CORPORATION This Agreement is made and entered into as of October 6, 2021, by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and KOA Corporation, California with its principal place of business at 2141 W. Orangewood Avenue, Orange CA, 92868 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Preparation of the Local Safety Plan (LRSP) Report (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessa ry qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” 18.b Packet Pg. 860 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $177,999.64. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and execut ed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing 6. Term. The term of this Agreement shall be from October 6, 2021 to August 31, 2022, unless earlier terminated as provided herein. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines set forth in each individual Task Order issued by the City. All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 18.b Packet Pg. 861 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept 18.b Packet Pg. 862 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 4 payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect an d shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies 18.b Packet Pg. 863 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). 18.b Packet Pg. 864 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the wo rk under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance s hall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. 18.b Packet Pg. 865 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 7 At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualifie d representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required 18.b Packet Pg. 866 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 8 (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable pr ovisions of the California Insurance Code or any federal law. 18.b Packet Pg. 867 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 9 l Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial gene ral liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may a pprove different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the perfo rmance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members 18.b Packet Pg. 868 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 10 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consulta nt shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term 18.b Packet Pg. 869 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 11 of this Agreement, the action shall be brought in a stat e or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 18.b Packet Pg. 870 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 12 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Frank Barrera as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: KOA CORPORATION 2141 W. ORANGEWOOD AVENUE, Orange, CA 92868 Attn: Frank Barrera, Project Manager 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements 18.b Packet Pg. 871 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 13 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall rem ain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall h ave the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct 18.b Packet Pg. 872 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 14 interest in this Agreement, or obtain any present o r anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisio ns of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force a nd effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] 18.b Packet Pg. 873 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND KOA CORPORATION IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D.Field City Manager ATTESTED BY: Genoveva Rocha,CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Signature Name Title 18.b Packet Pg. 874 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 16 EXHIBIT A 18.b Packet Pg. 875 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 17 18.b Packet Pg. 876 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) TECHNICAL PROPOSAL LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION APRIL 15, 2021 18.b Packet Pg. 877 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 2 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT TABLE OF CONTENTS COVER LETTER 2 SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING 5 SECTION 2 | SCOPE OF SERVICES 11 Project Schedule SECTION 3 | PROJECT STAFF 21 Firm Profile Organizational Chart Resumes SECTION 4 | LIST OF SIMILAR PROJECTS 29 SECTION 5 | AVAILABILITY OF STAFF 34 SECTION 6 | SUB-CONSULTANTS 35 SECTION 7 | LOCAL PREFERENCE ELIGIBILITY 36 SECTION 8 | REQUESTED ITEMS, ACTIONS OR INFORMATION 37 SECTION 9 | COMMENTS OR SUGGESTIONS 38 SECTION 10 | HOURLY BILLING FEE 39 18.b Packet Pg. 878 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 3 2141 W. Orangewood Avenue, Orange, CA 92868 T: (714) 573-0317 | F: (714) 573-9534 | www.koacorp.comMONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY Dear Mr. Jabsheh: KOA Corporation (KOA) submits this proposal to develop a Local Roadway Safety Plan (LRSP) for the City of San Bernardino. Our KOA team fully understands the need to develop a comprehensive LRSP to secure future Highway Safety Improvement Program (HSIP) funding to support local roadway safety improvements. KOA has become an industry leader with LRSP and Systemic Safety Analysis Report Program (SSARP), the predecessor of the LRSP program. Since 2017, KOA has led over twenty SSAR/LRSP projects in Southern California. Leveraging our extensive experience with Highway Safety Improvement Program (HSIP) projects, roadway safety and collision data analyses, and our successful grant writing and management program has allowed KOA to become an industry leader with the SSAR/LRSP program. We are prepared to bring our wealth of local knowledge, skills, innovative approaches and state-of-the-practice solutions to address roadway safety issues in San Bernardino. This includes spending focused efforts looking at major arterial intersections with high collision risks in the City, the complexity of the State Route 210 (SR-210) and Interstate 215 (I-215) interchanges, and improving safety and mobility along priority corridors and heavily-traveled local roadways such as Baseline Street and Highland Avenue. KOA will bring our experience and knowledge from developing the City of San Bernardino’s SSAR and the wealth of knowledge in addressing transportation safety issues to this project to expand the SSAR into a new LRSP that will serve as a living document for future grant funding opportunities. The success of our LRSP and SSAR projects stems from our multidisciplinary approach and collaboration amongst our uniquely skilled and qualified planners and engineers. The effort begins with our outreach team which coordinates with city staff to administer collaborative community engagement, provide virtual outreach and engagement tools, and boots-on-the-ground approaches, when applicable, to ensure that all voices are heard regarding transportation safety issues. KOA’s experienced in-house GIS team conducts a data-driven, quantitative analyses to identify prominent collision patterns and transportation safety emphasis areas. Our team is also supported by our traffic and civil engineering staff who lead roadway safety audits, select countermeasures, and develop feasible conceptual designs and cost estimates for a variety of safety improvement projects. KOA’S KEY DIFFERENTIATORS • Our In-house GIS analysts assigned to efficiently and comprehensively analyze complex SWITRS/TIMS/CrossRoads data queries. • Collaboration with our in-house registered traffic and civil engineers and design staff to develop cost-effective and constructible countermeasures. TO Mr. Azzam Jabsheh, PE, TE Traffic Engineer City of San Bernardino Public Works Department Engineering Division 201 North “E” Street, 2nd Floor San Bernardino, CA 92418 (909) 384-7251 jabsheh_az@sbcity.org FROM Mr. Stephen Bise, PE Principal-in-Charge KOA Corporation 2141 West Orangewood Avenue Orange, CA 92868 sbise@koacorp.com (714) 573-0317 RFP Local Roadway Safety Plan (LRSP) Report DATE April 15, 2021 MAIN CONTACT Frank Barrera Project Manager fbarrera@koacorp.com (714) 923-6274 18.b Packet Pg. 879 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 4 2141 W. Orangewood Avenue, Orange, CA 92868 T: (714) 573-0317 | F: (714) 573-9534 | www.koacorp.comMONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY • KOA’s well-established stakeholder engagement program (which is a key component of the LRSP program compared to previous SSAR programs) includes our virtual and in-person outreach with law enforcement, safety officials, school districts, and local community and advocacy groups. • Grant writing and management expertise, evidenced by KOA’s success in recently winning over $58 million in grants for local transportation infrastructure projects in Los Angeles and San Bernardino Counties. I will serve as the Principal-in-Charge and am authorized to bind the company, as firm principal of KOA. I am a California- registered Civil Engineer (#76755) and a Traffic Engineer (Awaiting Certification Number). Our team will be supported by Mr. Frank Barrera as the Project Manager, who successfully managed the San Bernardino SSAR, Wildomar SSAR, and leading the Fontana LRSP and Highland LRSP projects. Mr. Walter Okitsu will serve as the QA/QC Manager. He is a principal and co-founder of KOA, with more than 34 years of experience. Mr. Okitsu is also a California-registered Civil Engineer, (#52655) and a Traffic Engineer, (#1406) with a great deal of experience in traffic analysis and safety projects. All the KOA engineers and planners we selected to work on this project have multiple SSAR/LSRP project experiences. KOA has acknowledged receipts of Addendum No.1 for this RFP. KOA has read and will comply with all terms and conditions of the RFP. KOA concurs with any and all provisions of the City of San Bernardino’s Professional Services Agreement but due to limitations of liability insurance policies available in our industry regarding defense, KOA respectfully suggests edits to the draft agreement that can be found in Section 9. We appreciate this opportunity to offer our services to the City of San Bernardino to assist the City in preparing the Local Roadway Safety Plan. As outlined in the proposal that follows, we meet and exceed all of the qualification requirements outlined in the City’s Request for Proposal (RFP). We are committed to meeting your quality and scheduling expectations and look forward to collaborating with you. Sincerely, KOA Corporation Stephen Bise, PE, TE VP | Managing Director 3 2141 W. Orangewood Avenue, Orange, CA 92868 T: (714) 573-0317 | F: (714) 573-9534 | www.koacorp.comMONTEREY PARK ORANGE ONTARIO SAN DIEGO LA QUINTA CULVER CITY • KOA’s well-established stakeholder engagement program (which is a key component of the LRSP program compared to previous SSAR programs) includes our virtual and in-person outreach with law enforcement, safety officials, school districts, and local community and advocacy groups. • Grant writing and management expertise, evidenced by KOA’s success in recently winning over $58 million in grants for local transportation infrastructure projects in Los Angeles and San Bernardino Counties. I will serve as the Principal-in-Charge and am authorized to bind the company, as firm principal of KOA. I am a California- registered Civil Engineer (#76755) and a Traffic Engineer (Awaiting Certification Number). Our team will be supported by Mr. Frank Barrera as the Project Manager, who successfully managed the San Bernardino SSAR, Wildomar SSAR, and leading the Fontana LRSP and Highland LRSP projects. Mr. Walter Okitsu will serve as the QA/QC Manager. He is a principal and co-founder of KOA, with more than 34 years of experience. Mr. Okitsu is also a California-registered Civil Engineer, (#52655) and a Traffic Engineer, (#1406) with a great deal of experience in traffic analysis and safety projects. All the KOA engineers and planners we selected to work on this project have multiple SSAR/LSRP project experiences. KOA has acknowledged receipts of Addendum No.1 for this RFP. KOA has read and will comply with all terms and conditions of the RFP. KOA concurs with any and all provisions of the City of San Bernardino’s Professional Services Agreement but due to limitations of liability insurance policies available in our industry regarding defense, KOA respectfully suggests edits to the draft agreement that can be found in Section 9. We appreciate this opportunity to offer our services to the City of San Bernardino to assist the City in preparing the Local Roadway Safety Plan. As outlined in the proposal that follows, we meet and exceed all of the qualification requirements outlined in the City’s Request for Proposal (RFP). We are committed to meeting your quality and scheduling expectations and look forward to collaborating with you. Sincerely, KOA Corporation Stephen Bise, PE, TE VP | Managing Director Stephen Bise Digitally signed by Stephen Bise DN: C=US, E=sbise@koacorp.com, O=KOA Corporation, CN=Stephen Bise Reason: I attest to the accuracy and integrity of this document Date: 2021.04.13 19:05:08-07'00' 18.b Packet Pg. 880 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 5 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING The City of San Bernardino received approval for state funding to develop a Local Roadway Safety Plan (LRSP) through Caltrans’ Highway Safety Improvement/LRSP Program. The LRSP shares a similar framework to and aspects of the California Statewide Strategic Highway Safety Plan (SHSP), and each focuses on the 4 “E”s of transportation safety – engineering, enforcement, education, and emergency medical services (EMS). The main difference with the LRSP is that is provides local agencies with a more granular means, off of the State highway system, to address unique roadway safety needs within their jurisdiction. Preparing an LRSP facilitates collaboration and the development of partnerships with local agencies and private-sector stakeholders. The result of this process is a synthesized, prioritized list of improvements and actions. What the LRSP ultimately offers the City is a systemic and proactive approach to address local roadway safety needs and an opportunity for the agency to demonstrate its responsiveness to ongoing safety challenges. The engineering solutions of the LRSP are similar to those of a Systemic Safety Analysis Report (SSAR) – the predecessor safety program to the LRSP – in that they are based on a proactive, systemic analysis of high-risk roadway characteristics. KOA will identify prominent collision patterns and emphasis areas for safety issues based on the collected and analyzed traffic collision data. We will conduct an in-depth analysis of data recorded over the past five (5) years and identify prominent collision patterns. Typical intersections and roadway segments reflecting prominent collision patterns will be identified and a field investigation will be conducted to check the safety issues. For each safety emphasis area, our team will develop approved engineering countermeasures listed in Caltrans’ Local Roadway Safety Manual (LRSM) and identify strategies for non- engineering “E”s, including education, encouragement, emergency medical services, and emerging technologies. We will then develop a list of priority safety projects and recommend competitive projects for HSIP grant applications and other future funding opportunities. The LRSP will be structured to align with the California Highway Safety Plan and the Federal Highway Safety Plan and to reflect the priorities and concerns of San Bernardino stakeholders and residents. This living document will include the most recent data available to formulate the analytics and countermeasures. The City of San Bernardino has placed an emphasis on improving the safety of transportation facilities for all users with the City. This LRSP project will further those efforts in providing both engineering and non-engineering solutions to address transportation safety issues encountered by residents, employees, and visitors within the City roadway network on a daily basis. KOA assisted the City in developing the SSAR and is currently assisting the City with the San Bernardino Active Transportation Plan (ATP). Our team will revisit the SSAR to expand the safety analyses with analyses of the most recent five years of collision data to develop the LRSP addressing the non-engineering “E”s. KOA will build upon these efforts by coordinating with stakeholders for their input and feedback, which will help our team develop the goals and objectives of the LRSP, identify safety emphasis areas, and develop safety projects, programs and campaigns. Additionally, Caltrans will require an LRSP for HSIP Cycle 11 applications. HSIP Cycle 11 is anticipated to be announced in April 2022. By completing the City’s LRSP within the designated project schedule, KOA will be able to assist the City of San Bernardino to identify competitive safety improvement projects with a high benefit-cost ratio for the upcoming HSIP Cycle 11. COLLISIONS IN SAN BERNARDINO KOA conducted a preliminary collision analysis using the most recent five years of Statewide Integrated Traffic Records System (SWITRS) collision data. KOA has developed an automated procedure to download, clean, and geocode SWITRS data, which is shown in Figure 4 on the following page. The VBA-enabled Excel Workbook Collision Analysis Tool, developed in-house by KOA, gives us a high-level snapshot of the recent citywide crash history. There were approximately 4,524 collisions, excluding state highway collisions, within a five-year period (2016-2020). 18.b Packet Pg. 881 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 6 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING Our initial observation of the collision data includes: • A high percentage of fatal and severe collisions: 106 fatal collisions and 202 severe injury collisions account for 6.8 percent of all collisions in the City. • The five most common collision types in San Bernardino are Broadside (41%), Rear-End (17%), Head-On (13%), and Vehicle/Pedestrian (11%). • Vehicle/Pedestrian collisions account for 30 percent of all fatal and sever injury collisions (KSI). • The most common primary collision factors (PCFs) are Automobile Right of Way (23.1%), Unsafe Speed (19.7%), Improper Turning (17.6%), Traffic Signals & Signs (17.3%), and Pedestrian Violations (5.8%). • Approximately 89 percent of the total collisions occurred at an intersection and approximately 11 percent occurred mid-block. Figure 4: KOA SWITRS Data Processing and Visualization Procedure 18.b Packet Pg. 882 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 7 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING ONGOING TRANSPORTATION PROJECTS Based on a preliminary review of the City’s 2020-2021 Capital Improvement Program (CIP), there are several ongoing projects that would be reviewed in more detail during the LRSP countermeasure development. These ongoing CIP projects may change the roadway characteristics, driving behaviors, and even the safety of the area. Some of these projects include: • 40th Street widening from Johnson to Electric Avenue: This project will widen 40th Street from two to four lanes from Johnson to Electric Avenue including upgrade of the existing traffic signal at Electric Avenue. • University/I-215 Interchange Improvements: This project consists of improving traffic flow through the interchange at University Parkway and I-215 by installing a Divergent Diamond Interchange (DDI). • H Street widening from Kendall to 40th Street: This project involves widening and improving H Street between Kendall and 40th Street. • Six Joint Projects: This project includes construction of sidewalk, curb ramps, bike lanes, installation of street lights and pavement rehabilitation at 7 locations where the two cities have shared jurisdiction. Highland will be the lead agency for the project. KOA will coordinate with City staff to review the documents and design of these and other ongoing projects, which will help our team in the development of the safety countermeasure matrix and safety improvement projects. PROJECT APPROACH The LRSP creates an opportunity to identify infrastructure deficiencies, prioritize improvements, and obtain future grant funding to address the safety needs for local residents and businesses in the City of San Bernardino. The purpose of this project is to assist the City in preparing a LRSP to identify and prioritize future safety projects that will be competitive when submitted for funding considerations through various state and federal programs. LRSP DEVELOPMENT A LRSP systematically identifies and analyzes safety problems and recommends safety improvements. Preparing a LRSP facilitates collaboration and the development of partnerships with local agencies and other stakeholders. Results of an LRSP are summarized with a prioritized list of improvements and actions. The LRSP offers a proactive approach to addressing safety needs, demonstrating agency responsiveness to safety challenges. The engineering solutions of an LRSP are similar to those of an SSAR; they are based on a systemic analysis of high- risk roadway characteristics, rather than on reacting after the fact with improvements located only at high-crash concentration locations. The procedure KOA plans to use to complete the LRSP is demonstrated in Figure 5 on the following page. KOA will identify prominent collision patterns and emphasis areas for safety issues based on the collected and analyzed traffic collision data. KOA will conduct an in-depth analysis of the Statewide Integrated Traffic Records System (SWITRS) data for the past five years, and identify prominent collision patterns. Typical intersections and roadway segments reflecting prominent collision patterns will be identified and a field investigation will be conducted to check the safety issues. For each safety emphasis area, our Team will also develop engineering countermeasures listed in Caltrans’ Local Roadway Safety Manual (LRSM) accordingly and identify strategies for non-engineering “E”s including education, encouragement, emergency medical services, and emerging technologies. KOA will coordinate with City staff to develop a list of prioritized safety projects and recommend competitive projects for this HSIP Cycle 11 and other grant funding opportunities. The LRSP, a living document, will be developed to align with the California Highway Safety Plan and the Federal Highway Safety Plan, reflect the priorities and concerns of San Bernardino stakeholders and residents, and include the most recent data available, analytics and potential countermeasures. 18.b Packet Pg. 883 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 8 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING Figure 5: LRSP Development Process. Source: FHWA and KOA ENGINEERING SOLUTIONS The engineering solutions of an LRSP area based on a systemic analysis of high-risk roadway characteristics, rather than on reacting after the fact with improvements located only at high-crash concentration locations. KOA will start with proposing countermeasures for locations with high collision frequency in the past, then identify locations that share similar risky roadway characteristics that haven’t experienced a high collision history. The cost estimation of the proposed countermeasures will be prepared for the selected projects. KOA will prioritize each project based on collision data analyses and other considerations. Based on the prioritization analysis results, KOA will provide conceptual engineering plans for the top-ranking projects that will allow the City to pursue grant funding for future design and implementation. NON-ENGINEERING SOLUTIONS The LRSP will look into non-engineering measures – Enforcement, Education, and Emergency Medical Services (EMS). KOA will utilize the California Office of Traffic Safety (OTS) ranking, along with SWITRS data, to identify education and enforcement target groups. PROJECT MANAGEMENT AND QUALITY CONTROL It is expected that the majority of the project management will be accomplished through meetings with the City, email, and other correspondence. KOA will be responsible for coordinating with the KOA task leaders and support staff while providing assurance that all tasks are being completed on time and as expected. KOA personnel assigned to this project will be located in our Orange and Monterey Park offices. Quality control will be consistently and thoroughly applied throughout the project development. This will be done by placing a priority on deliverables, which will be organized, thorough, and streamlined to maximize efficiency. The principal-in-charge, who will manage the quality control and quality assurance, will conduct appropriate level of oversight and will demonstrate a concerted commitment to providing a high-quality product. The process will also be applied to invoice processing and related project documentation forms required by the City and/or Caltrans. 18.b Packet Pg. 884 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 9 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING OTHER IMPORTANT CONSIDERATIONS SAN BERNARDINO LRSP – A LIVING DOCUMENT KOA’s process for developing LRSPs follow Federal and State guidelines, which allows for flexibility. We will work with San Bernardino’s Public Works and Engineering Department to ensure that the LRSP is developed as a “living document” that will be continually reviewed and updated to reflect changing local needs and priorities. Since the proposed recommendations will ultimately apply for the subsequent HSIP Cycle (2022), it is highly probable that one or more of the suggested projects, especially if low cost and/or “high priority”, is funded and built before the next Call. Therefore, the City will need to be able to collaborate between departments to identify how and when each approved improvement project will be constructed. KOA will therefore work with the City of San Bernardino to develop the LRSP with mechanisms to allow for continual modifications and updates as necessary, to evaluate the success of the plan over time, plan project implementations, and determine when such updates are needed. To this end, we will ensure that: 1. The goals set forth in the LRSP are evaluated periodically to measure its success 2. Proper revisions are considered and planned at regular intervals, even beyond the next HSIP Cycle (e.g. annually, every 2 years, etc.) 3. We consider a possible committee or ad-hoc group (composed of city staff) be formed to meet periodically to oversee the implementation of the LRSP 4. The City holds all stakeholders and departments accountable for progress on the plan’s goals 5. Further involvement from safety partners from entities outside the City is identified LRSP LIABILITIES An important consideration in developing the LRSP is that of liability. While our goals are to align with the City’s vision to reduce – if not eliminate – traffic collisions at the identified “hot spots” and similar locations on city roadways, it is also imperative that we are full liability-conscious when it comes to putting in formal writing how the City wishes to implement the plan over time. Many firms will propose LRSP plans that “prioritize” or “rank” projects, with guarantees to roll out certain improvements in a specific order. However, we are cognizant to the fact that over time, priorities can change, funding availability fluctuates, and political agendas shift in different directions. If a transportation improvement project aimed at mitigating a “high risk” location, ranked above another location with an identified “lesser risk”, is not implemented in order according to the LRSP (a public document), then this opens the City up to certain potential liabilities. Therefore, we will develop our LRSP for San Bernardino with more generic time frames and priorities, and focus more on demonstrating that the proposed measures are directed at improving safety. After the first draft of the LRSP, we propose to meet with City staff and the City Attorney to review the exact language being used in the LRSP to protect the City from liability risk down the line. 18.b Packet Pg. 885 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 10 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT EXAMPLES OF LRSP PREPARED AND ADOPTED BY THE LOCAL AGENCY CITY OF SAN BERNARDINO CITYWIDE SIGNAL & SIGNAGE INVENTORY, SSAR KOA assisted the City with the preparation of a grant application package, which was subsequently awarded under the Caltrans Systemic Safety Analysis Report (SSAR). KOA completed a review of existing safety conditions, utilizing the SWITR database. The project included an evaluation of safety countermeasures and a citywide inventory of 300 traffic signals, controller cabinets, intersection safety lights, flashers, mid-block crossings, and signage. The existing signal system review was used to provide a foundation for potential signal system upgrades or replacements based on age, application, and known deficiency, pertaining to existing standards and safety. As part of the sign inventory, KOA conducted retroreflectivity tests of the school signs to determine night time visibility. All inventoried items were evaluated and entered into a GIS database for the City to efficiently replace/repair the most dilapidated items. The report analyzed current collision data, evaluated crash analyses, identified high-risk corridors and intersections, and included other safety analyses to identify preliminary safety project scopes and recommendations for utilizing traffic signal, street lighting, and signage upgrades as countermeasures. The City’s key goal was to use the information and database from this project as support to obtain funding via future Highway Safety Improvement Program (HSIP) cycles. A final SSAR report was prepared. CITY OF HIGHLAND LRSP KOA is currently developing the Local Roadway Safety Plan (LRSP) for the City of Highland. The project involves collecting the most recent five years of collision data from the SWITRS database and analyzing the collision types, patterns, and locations with high collision frequency. KOA conducted stakeholder meetings to gather input and recommend countermeasures to improve traffic safety. KOA will develop a list of safety projects and an implementation plan that includes the previously mentioned 4 Es of transportation safety. Projects with competitive benefit-to-cost ratio will be identified for the next HSIP grant application. The LRSP will be prepared following the Caltrans’ Local Roadway Safety Plan Manual. CITY OF FONTANA SSAR KOA was the lead consultant for the City of Fontana’s Systemic Safety Analysis Report (SSAR). A citywide inventory for crosswalks, arrow markings, and left-turn phasing for all of the signalized locations was compiled. Five years of SWITRS data were used to identify major collision types/patterns within the City. KOA Worked with RoadSafe GIS to create a powerful and flexible GIS-based collision analysis application for the City. KOA conducted a citywide evaluation of the installation of rectangular rapid flashing beacons (RRFB) and flashing yellow arrows (FYA). KOA proposed countermeasures for intersections and roadway segments with high frequencies of collisions, developed safety project conceptual designs, and calculated the benefit/cost ratio. The safety projects were prioritized for future HSIP applications. CITY OF DIAMOND BAR LRSP KOA is currently preparing an LRSP for the City of Diamond Bar. KOA analyzed the five years of SWITRS collision data to identify collision trends, types, and high-collision frequency locations. KOA hosted individual stakeholder meetings for input of their safety concerns. Also, KOA is proposing safety enhancement countermeasures, developing a list of safety projects, and providing the project cost estimation. KOA is proposing a list of safety projects and an implementation plan that includes the 4 Es of transportation safety. Projects with competitive benefit-to-cost ratio will be identified for the next HSIP grant application. The LRSP will be prepared following the Caltrans’ Local Roadway Safety Plan Manual. CITY OF FONTANA LRSP KOA is currently developing the Local Roadway Safety Plan (LRSP) for the City of Fontana. The project involves the analysis of the most recent five-year collision data from SWITRS database and analyzing the collision types, patterns, and locations with high collision frequency. KOA conducted stakeholder meetings to gather input and recommend countermeasures to improve traffic safety. KOA has identified safety emphasis areas and will be developing a list of safety projects and an implementation plan that includes the four Es of transportation safety. Benefit/cost (b/c) ratio calculations will be prepared for the safety projects for future HSIP grant applications. The LRSP will be prepared following Caltrans’ Local Roadway Safety Plan Manual. SECTION 1 | PROJECT COMPETENCY AND UNDERSTANDING 18.b Packet Pg. 886 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 11 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES The Local Roadway Safety Plan (LRSP) will include all of the required content listed in the RFP. Additionally, having assisted the City in developing the Systemic Safety Analysis Report (SSAR), KOA has an understanding of local roadway characteristics, signage and traffic signal equipment, and traffic conditions within the City. We are prepared to assist the City of San Bernardino in developing the LRSP, which will serve as a living document and identify projects for future Highway Safety Improvement Program (HSIP) and other grant funding opportunities. KOA additionally proposes extra tasks as part of the LRSP based on KOA’s experience of completing other LRSPs, and to ensure that treatments proposed take advantage of local knowledge and match community expectations. Our Team plans to meet with law enforcement (in-person or virtually, whichever is the most appropriate practice at the time of work) to identify and discuss safety issues. We also plan to address non-engineering “E”s as these are encouraged to be addressed by the LRSP guidelines. These tasks will be accomplished within the City’s proposed budget for the project. The tasks below reflect both those listed in the RFP and these additional tasks. TASK 1: PROJECT MOBILIZATION AND MANAGEMENT TASK 1.1: PROJECT COORDINATION AND ADMINISTRATION Mr. Frank Barrera, our proposed Project Manager, will ensure project costs are effectively controlled with a thorough review of the schedule at the start of the project and close management of staff hours allocated to each task. He will oversee the day-to-day operations of the project and will communicate frequently with the City throughout the project. He will be supported by Mr. Greg Garces, our proposed Deputy Project Manager. QUALITY CONTROL PLAN Without question, any client expects their consultants to prepare and deliver high quality work projects, and we know that San Bernardino will expect no less. We are committed to generating quality work products and strive for producing error-free reports and plans. Our quality assurance/quality control (QA/QC) program generally involves having reports and plans go through a minimum two- stage internal review process, before allowing deliverables to be submitted to an agency for review and approval. The first stage of internal review involves a peer review by an experienced planner or design engineer, dependent on the type of deliverable to be submitted. The second stage of internal review involves another round of reviews by one or more senior-level planner or registered engineer, again depending on the type of deliverable. Additional stages may include reviews by specialists who will focus on unique or complicated aspects of the project. The reviewers also verify that all agency review comments have been properly addressed on any revised plans or reports that we prepare. The process of document review, correction, editing, and final internal approval are well-documented in KOA’s Quality Assurance/Quality Control Program Manual and recorded to provide a paper-trail of the process. The manual is available for review by the City of San Bernardino. Mr. Stephen Bise has been designated as the Quality Control Manager for this contract. To ensure continuity and adherence to budget and schedule, the project manager and project team conduct the project from inception to the completion of the final engineering and/or planning documents. There is an ongoing focus on the fundamentals of technical management and design quality: field reviews and data collection, project planning, documentation, design/ study reviews, and milestone checkpoints. Formal quality control and checklists are employed. This approach has led to a high level of quality in our reports and engineering plans, and we know our firm has established a strong reputation with a number of agencies for producing high quality work products. The fact that KOA has not encountered any significant legal challenge on our study reports and design plans in the past 32 years is a testimony on the success of our QA/QC process. BUDGET MANAGEMENT Understanding and meeting the required project schedule and budget limitation are key elements for successful project delivery. Therefore, our management plan includes the close tracking of the project schedule by the project manager. 18.b Packet Pg. 887 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 12 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES With respect to controlling project costs, having up-to-date project expenditure information is essential. Our accounting system allows for the tracking of overall project and task expenditures and is accessible from the computer desktops of principals and project managers. Through regular tracking of the project’s financial progress, warning flags that tasks are at risk of not being completed within budget will be identified quickly. Remedial actions will be taken, as necessary, based on this continuous tracking of expenditures. MONTHLY PROGRESS REPORTS Monthly progress reports will be provided by KOA with the submission of each invoice. The monthly progress reports will provide a list of project-specific activities indicating the status of each task and provide a list of action items to be completed. The project schedule will be included in the progress reports and any updates to the project schedule will be addressed at each progress report delivery. The KOA team will continuously track and monitor all state and federal grant reporting requirements and make the appropriate modifications to the Plan as it is developed. TASK 1.2: ESTABLISH PURPOSE, OBJECTIVE AND GOALS OF THE LRSP KOA will draft a Purpose and Goals memorandum for the LRSP after the project kickoff meeting. The memorandum will outline the steps that KOA will take to identify safety emphasis areas and locations with roadway safety issues and select countermeasures appropriate for addressing them. The method will be presented in a fashion so that key stakeholders interested in the project will be able to understand the desired outcomes of the project and procedure for obtaining those outcomes. The memorandum will set up the framework to develop, implement, and evaluate the LRSP. The memorandum will be provided to the City for review and provide comments. KOA will submit a revised Purpose and Goals memorandum upon receiving comments from the City. Task 1 Deliverables • Meeting agenda and minutes • Refined scope of work and schedule • Monthly progress reports and invoices • Draft and Final Purpose and Goals Memorandum TASK 2: STAKEHOLDER ENGAGEMENT MEETING WITH LAW ENFORCEMENT Through our LRSP and SSAR projects, KOA has found it very beneficial to learn the perspectives of the law enforcement officers that work in the City on a daily basis. Officers are typically able to clearly identify areas of the City that should receive particular focus and describe issues encountered at those locations. Therefore, we propose to have one virtual meeting with the City’s law enforcement services department to discuss traffic safety issues before the initial collision data analysis is completed. COMMUNITY/STAKEHOLDER ENGAGEMENT Our team will coordinate with City staff to identify stakeholders to provide input to the project. Anticipated stakeholders for the LRSP project include the City’s public works staff, San Bernardino Police Department, San Bernardino County Fire District, transit operators (Omni Trans), the school district (San Bernardino Unified School District (SBUSD)), local public and safety advocacy groups, and community members. Our Team will work with the City to identify the contact person of each party and conduct at least three public community/stakeholder engagement meetings to obtain feedback for the project throughout the development of the LRSP. Our Team will seek public input on the following topics: • Develop a shared vision and common goals to help guide the plan • Identify major transportation safety issues, areas, and priorities 18.b Packet Pg. 888 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 13 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES • Identify and discuss any ongoing transportation safety enhancement programs and campaigns • Discuss desired safety improvements and programs and review countermeasures • Review and comment on the Draft LRSP The public community/stakeholder meetings will be held virtually or in-person based on the safe practice at the time of the meetings. Our team may present collision maps, field photos, concept design diagrams, LRSP frameworks, and/or other items to facilitate conversations. The KOA team and will lead discussions among participants. Task 2 Deliverables • One meeting with law enforcement • At least three public community/stakeholder meetings • Two Public Safety and Human Relation Commission meetings • One City Council meeting TASK 3: DOCUMENT REVIEW KOA will review the existing related documents, such as the latest General Plan, City’s SSAR, City of San Bernardino Engineering Standard Plans, and various local, state, and federal documents, data, guidelines, procedures, and standards related to the LRSP development. KOA will identify opportunity areas for developing safety improvements addressing any of the four E’s and coordinate with City Staff to understand the priorities and funding availability of planned projects, which will help our team in prioritizing safety countermeasures/projects. Task 3 Deliverables • Inventory list of opportunity areas TASK 4: COLLISION AND ROADWAY DATA ANALYSIS TASK 4.1: DATA COLLECTION KOA will gather and geocode the most recent and available five years of Statewide Integrated Traffic Records System (SWITRS) collision data and the most recent and available five years of collision data from the Transportation Injury Mapping System (TIMS) to supplement the SWITRS data. KOA will coordinate with the City’s Public Works Department staff to obtain additional collision data, if needed and available, for a comprehensive review and analysis. KOA may also request citation data from San Bernardino’s Police Department for further review during the countermeasure development. TASK 4.2: FIELD REVIEW KOA will conduct a field review to expand our understanding of the City’s roadway network and collect various roadway characteristics of the high collision areas. Field review is essential for correctly interpreting the observed crash patterns. KOA will examine the characteristics that could be responsible for collisions at high-risk roadway segments and intersections. KOA will observe and collect relevant data such as the following information: • Conduct observations of vehicle, pedestrian, bicycle, truck, and bus behaviors; • Measure roadway characteristics such as width, horizontal and vertical curves, sight distance, access control type, and others; • Traffic counts and speed surveys (posted and actual) as needed for evaluating the feasibility of safety countermeasures. 18.b Packet Pg. 889 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 14 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES KOA will coordinate with the City’s Public Works Department staff to obtain available documents and data such as traffic volumes, speed surveys, roadway classifications, and other relevant data for consideration when identifying countermeasures for appropriate application at identified locations within the City. TASK 4.3: COLLISION ANALYSIS KOA will conduct an in-depth analysis of the SWITRS data for the past five years. SWITRS includes collisions of all severity levels, including property damage only collisions, while TIMS only collects collisions that result in injuries and fatalities. For fatal and severe collisions, KOA will request collision reports from the City’s law enforcement services department, which provide in-depth information related to driving behavior and other information that is not included or not as detailed in the TIMS/SWITRS data. TIMS data will also be used for comparing the collision pattern of the City with that of San Bernardino County, which will help to identify transportation safety emphasis areas. Through the collision data analysis, KOA will identify prominent collision patterns, which will include a combination of collision type, location type (signals vs. mid-block), Primary Collision Factors (PCFs), involved parties, movements preceding the collisions, lighting conditions, and others. KOA will also identify trends related to shifts in crash type and contributing factors. KOA will rank the intersections and roadway segments within the City by collision frequency and Equivalent Property Damage Only (EPDO) scores, which generally reflect an order of magnitude difference between the societal costs of fatal and severe injury crashes versus non-severe injury crashes. This practice helps our team identify prioritized locations for field review. The goal is to identify high crash concentration locations and similar intersections that may not have the same crash history but share similar risk factors. Using the KOA in-house VBA-enabled Excel Workbook Collision Analysis Tool and 5-year SWITRS data, gives us a snapshot of the recent crash history by looking at the data in various ways. Figure 1 illustrates the homepage of the KOA in-house collision tool developed to quickly and efficiently analyze collision factors, trends, hot spot locations and various other factors that help develop the emphasis areas for in-depth analysis. Figure 1: Homepage of the VBA-enabled Excel Workbook Collision Analysis Tool Developed by KOA 18.b Packet Pg. 890 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 15 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES When starting this task, KOA’s in-house GIS analysts and planners will work with our engineers to look at the historical collision data in ways that no other firms typically will. Most often, SWITRS/TIMS data is assessed to pinpoint intersections with high collision frequency, i.e., the “plain data”. However, our GIS analysts can mine the collision databases and evaluate complex queries to determine more detailed clues as to when and where the most frequent and severe collisions of a specific type, or involving a certain road user, are occurring. This will help our field staff visit the roadway locations in the city with the highest potential crash risk, be able to observe crash-susceptible conditions in the field where they are likely to occur, and investigate the various physical aspects that are contributing to these risks. TASK 4.4: IDENTIFY SAFETY EMPHASIS AREAS KOA will identify transportation safety emphasis areas both through stakeholder engagement as described in Task 2.0, collision data analysis, and fieldwork. As shown in Figure 2, transportation safety includes three aspects: risky behaviors, vulnerable users, and infrastructure. KOA will summarize the main safety emphasis areas within the City of San Bernardino in the collision data analysis section of the LRSP. Figure 2: Emphasis Areas for an LRSP. Task 4 Deliverables • ArcGIS shapefiles of mapped collision data obtain from the five-year SWITRS data • Microsoft Excel database of SWITRS collision data TASK 5: COUNTERMEASURE DEVELOPMENT KOA will develop both engineering and non-engineering countermeasures to address the identified collision patterns and safety emphasis areas based on collision data analysis and stakeholder input. The countermeasures will be selected and refined based on feedback from the engagement with key stakeholders. TASK 5.1: SELECT ENGINEERING COUNTERMEASURES Based on the collision analysis and roadway field investigation, KOA will identify top risks and contributing factors to the prominent collision patterns in San Bernardino. KOA will follow the guidance in Section 4 of the Local Roadway Safety Manual (LRSM) to identify countermeasures for addressing safety issues. Other sources we have used for similar projects include: 18.b Packet Pg. 891 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 16 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES • Federal Highway Administration (HWA) Proven Countermeasures • American Association of State Highway Transportation Officials (AASHTO) Highway Safety Manual • Crash Modification Factor (CMF) Clearinghouse • Various reports published by the National Cooperative Highway Research Program (NCHRP) As we complete this step, KOA will focus on finding the ideal balance between collision analyses on a systemic basis and addressing high crash concentration locations. The safety countermeasures will incorporate continual feedback from City staff and key stakeholders and reflect patterns of existing facilities in the study area. The countermeasures will be categorized by facility type: • Roadway Segment • Signalized Intersection • Non-Signalized Intersection The following factors will be considered for prioritizing countermeasures: • Crash Modification Factor (CMF) applicability • Estimates of crash reduction benefits based on EDPO values by collision severity • Equitably mitigating safety issues for all modes of transportation • Applicability to multiple locations • Consistency with City’s standard practices • Implementation cost • Right-of-way requirements • Federal funding eligibility • Public acceptance KOA will develop a safety mitigation toolbox of prioritized countermeasures using a prioritization methodology developed by KOA and the City. The methodology to determine the prioritized matrix will be documented in the final LRSP. The prioritized matrix will be used for the development of safety projects to address selected high crash locations and identify programmatic approaches for the implementation of safety mitigations city-wide. TASK 5.2: NON-ENGINEERING PROGRAMS Improving transportation safety in a city involves more than just “engineering”. Our Team will propose programs related to other transportation “E”s including education, encouragement, enforcement, and emergency services to address transportation safety issues that cannot be resolved by engineering solutions alone. For each identified safety emphasis area, our Team will develop and/or build upon strategies for policies, programs, campaigns, and other action items based on the non-engineering “E”s. Our Team will also provide a matrix to summarize the funding sources for implementing the proposed safety campaigns and programs. For example, the KOA Team will develop education and encouragement strategies to raise transportation safety awareness among different transportation users (students, seniors, and working adults). Here are some example programs and campaigns to promote safety among certain groups of roadway users: • Young age students: walking school bus, bike trains, safe routes to school walk to school day • Bicyclists: cycling skills education • Motorists: safety handbook, incorporating safety tips into traffic school curriculum Our Team will also note emerging technologies, including Intelligent Transportation Systems (ITS), advanced dilemma zone detection, data collection innovations, and other emerging technologies that can improve safety within the City. 18.b Packet Pg. 892 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 17 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES TASK 5.3: DEVELOPMENT OF PRIORITY SAFETY PROJECTS KOA will develop a complete list of safety projects and their scopes based on the findings and feedback from all tasks leading up to this point and using the prioritized list of countermeasures. The list will be compiled in an Excel table including the following information: (1) Project location and boundary; (2) Applied safety countermeasures; (3) Description of the proposed improvements; (4) Estimated cost; (5) Projected collision reduction benefits. Feedback from the City on the preliminary safety project scopes will ensure that they reflect the City’s fiscal constraints. TASK 5.4: CALCULATE BENEFIT/COST RATIO AND PROJECT PRIORITIZATION KOA will calculate the benefit/cost ratio of these safety projects by completing a preliminary cost estimation and identifying collision reduction benefits of the projects. This methodology will reflect the same procedure as used by the HSIP grant to determine funding. KOA will then create a project priority list for both engineering and non-engineering projects. KOA will prioritize the safety projects based on the following considerations: • Benefit-Cost Ratio (for engineering solutions only) • Public acceptance and preference • City’s CIP and funding availability/restriction • Funding availability for non-engineering programs and campaigns • Potential for grant award • Other factors recommended by City Staff KOA engineers will conduct a planning-level cost estimation for each safety project. Concept designs will be prepared, as needed, for cost estimation. Figure 3 is a concept design KOA developed for the Fontana Systemic Safety Analysis Report (SSAR). Figure 3: A Roundabout Concept Design for Fontana SSAR Task 5 Deliverables • Safety mitigation toolbox • Draft prioritization methodology technical memorandum in Microsoft Word format. • Prioritized list of safety projects and methodology • Detailed summary of prioritized safety projects • Cost estimates, mapping, and cost/benefit ratio of proposed safety improvements 18.b Packet Pg. 893 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 18 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 2 | SCOPE OF SERVICES TASK 6: IMPLEMENTATION PLAN TASK 6.1: DEVELOP EVALUATION MATRIX Evaluation is critical to understand what is working and should continue and what is not working and should be modified or discontinued. Similar to the Strategic Highway Safety Plan (SHSP), KOA will develop an evaluation plan that will assess both the process and performance of the LRSP. The process evaluation will examine roles and responsibilities of the involved departments of the City and process activities such as establishing a timeline for monitoring and updating performance data. The performance evaluation of the LRSP will define outcome measures for each emphasis area. The definition of the LRSP’s success can take on many forms, but this plan’s ultimate goal is to reduce collisions and to eliminate fatalities resulting from crashes. TASK 6.2: IDENTIFY FUNDING KOA will list sources of funding that could potentially fund the projects proposed by KOA. KOA has experience working on transportation grants, having prepared over 100, and thus understands the various sources of funding available to cities and the projects most likely to be awarded for each. In particular, KOA will assess all projects for HSIP funding and Active Transportation Program (ATP) funding. KOA engineers and planners have extensive experience with HSIP grant applications and have secured more than $14 million of HSIP Cycle 9 funding for the cities of Anaheim, San Bernardino, Desert Hot Springs, and Twentynine Palms. HSIP funding is primarily related to high benefit-cost (B/C) ratios. KOA will help the City in identifying competitive safety projects with high B/C ratios based on the following considerations: • The minimum project cost and B/C ratio requirements, which were $100,000 and 3.5, respectively, for HSIP Cycle 10. • The average B/C ratio of the approved projects (in past HSIP cycles this was 8.0 to 12.3). KOA will assess the potential of projects to receive ATP funding. KOA has secured over $58 million of ATP funding for clients including the City of Los Angeles, Rialto, Moreno Valley, and the Port of Long Beach. While a project’s success in an ATP grant application is not as quantifiable, KOA will look for projects with these characteristics: • Significantly reduce pedestrian or bicycle collisions • Improve walking, biking, or transit access in the City • Benefit disadvantaged communities that may have a greater reliance on traveling without a vehicle • Support from the community TASK 7: LOCAL ROADWAY SAFETY PLAN The methodology, findings, and proposed recommendations from previous tasks will be incorporated into the Draft LRSP and submitted to the City for review. The report will include: • Executive Summary • Engineer’s Seal • Introduction • Statement of Protection of Data from Discovery and Admissions • Safety Data Utilized (Collisions, Volumes, Roadway) • Data Analysis Techniques and Results • Highest Occurring Collision Types • High-Risk Corridors and Intersections (Collision History and Roadway Characteristics) • Countermeasures Identified to Address the Safety Issues • Viable Project Scopes and Prioritized List of Safety Projects • Attachments and Supporting Documentation 18.b Packet Pg. 894 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 19 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT KOA will review the Draft LRSP with the City’s project manager and City staff. The comments from City staff will be incorporated into the Final LRSP. KOA will work with the City to develop the LRSP into a living document which can be updated as needed to reflect changing local needs and priorities. The final LRSP will be developed to align with the state and Federal Highway Safety plan guidelines. Task 7 Deliverables • Draft Local Roadway Safety Plan • Final Local Roadway Safety Plan • Electronic Files of the Final Local Roadway Safety Plan in Microsoft Word and PDF Format INNOVATIVE OR ADVANCED TECHNIQUES The list below describes a number of innovative tools/methodologies that KOA has created or utilized in completing similar projects: 1. KOA Collision Tool: An excel-based tool that was developed by KOA to process and compile both SWITS and TIMS collision data locally and regionally. This can also be used with Crossroads data. This tool converts raw collision attributes into meaningful statistics and also identifies top collision intersections and roadways. This tool is used on local roadway safety plans and is highlighted in this proposal. 2. StreetLight Data: KOA has used StreetLight Data, which is a leading big transportation data provider, to understand how and why vehicles, bicyclists, pedestrians, and trucks move both locally and regionally. We have used this tool for traffic studies and for active transportation plans. 3. In-House Active Transportation Network Selection Model: KOA has developed an automated network selection model which utilizes an array of existing conditions datasets to select high priority transit, bicycle, and pedestrian corridors. The purpose of these tools is to use a data-driven approach when recommending improvements. We have used this tool for active transportation plans. 4. ArcGIS Hub: ArcGIS hub is an easy-to-configure cloud platform that organizes people, data, and tools to accomplish project initiatives and goals. We have used this tool for many types of planning projects. KOA used ArcGIS Hub as a project website for Ontario ATP which can be found at this link – https://tinyurl.com/md9wmy3h 5. Rise 360 (by Articulate): A web app that is used as an e-learning public outreach tool. The creation of a web- based learning module allows online users to learn more about project history and background, interactively preview preliminary improvement concepts, and submit feedback on proposed recommendations. This web app is of high value in times when public outreach is constrained (COVID-19). KOA developed one for the Garden Grove Active Downtown Plan for the purpose of acquiring feedback about specific project treatments, and showcasing project updates and considerations – https://tinyurl.com/ywm8pmfe 6. ArcGIS StoryMaps: Story authoring web-based application that enables the user to bridge a narrative or story with multimedia content such as videos, photos, or maps. StoryMaps are dynamic and intuitive, and allow the user to harness the full potential of a story. KOA has used StoryMaps for interviews and project presentations. Here is an example of one we created for Riverside – https://tinyurl.com/54pn9nha 7. Bicycle Level of Traffic Stress (LTS) and Pedestrian Level of Comfort (LOC): One of the transportation industry’s best practices for analyzing the comfort and connectivity of bicycle and pedestrian networks. KOA has built upon traditional industry standards and developed their own LTS/LOC methodologies, analyzing a multitude of existing conditions datasets (posted speed, number of travel lanes, AADT, roadway classification, bicycle facilities, sidewalk presence). This model is applied at both the segment and census block level. 8. Intersection Pedestrian Level of Comfort Analysis (ILOC): An in-house tool/methodology developed by KOA – a point based model of pedestrian and user experience within and along formal crosswalks or crossing designations. Pairs nicely with pedestrian LOC because it looks at the intersection in conjunction with the segment. 9. Use of GoToMeeting, Microsoft Teams, and Other Platforms for Presentations: These programs was used to host various project workshops, outreach meetings, project progress meetings, and other communications when a face-to-face meeting was not possible. SECTION 2 | SCOPE OF SERVICES 18.b Packet Pg. 895 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 20 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT WORK PLAN AND SCHEDULE We believe that KOA has the experience and capability to deliver this project and exceed the objectives within the timeline specified and in the highest quality. As a primary objective in meeting the RFP goals, we assigned the most appropriate project management team at the beginning. KOA’s Project Manager, Frank Barrera, is one of our lead SSAR/ LRSP project managers who has managed various SSAR/LRSP projects in California including the San Bernardino’s SSAR and various transportation planning and engineering safety projects. KOA’s Principal-in-Charge, Stephen Bise, PE, is a highly capable leader who has worked on various projects involving concurrent tasks. He has led numerous projects in California that have involved various transportation planning and engineering analyses. Each team member of KOA will provide support to one another in our areas of specialty and where deficiencies can be achieved. This arrangement will facilitate KOA’s management of the project, ensure consistent, high-quality deliverables and final reports, and enable our team to complete the project within the time frame and on budget. There is no substitute for local knowledge and experience, an area where the KOA team excels, having team members that are actively engaged in and surrounding communities within San Bernardino. SECTION 2 | SCOPE OF SERVICES - PROJECT SCHEDULE Week 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Task 1 – Project Mobilization and Management Task 1.1 Project Coordination and Administration Task 1.2 Establish Purpose, Objective and Goals of the LRSP Task 2 – Stakeholder Engagement Task 3 – Document Review Task 4 – Collision and Roadway Data Analysis Task 4.1 Data Collection Task 4.2 Field Review Task 4.3 Collision Analysis Task 4.4 Identify Safety Emphasis Areas Task 5 – Countermeasure Selection Task 5.1 Select Engineering Countermeasures Task 5.2 Non-engineering Programs Task 5.3 Development of Priority Safety Projects Task 5.4 Calculate Benefit/Cost Ratio and Project Prioritization Task 6 – Implementation Plan Task 6.1 Develop Evaluation Matrix Task 6.2 Identify Funding Task 7 – Local Roadway Safety Plan Kick-off Meeting Stakeholder Meeting KOA's Work City Council Meeting Public Safety and Human Relation Commission City Review 2021 2022 18.b Packet Pg. 896 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 21 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - FIRM PROFILE FIRM BACKGROUND Founded in 1987, KOA is a leading provider in civil engineering, traffic engineering, transportation planning, and construction management services for public agencies and private sector clients. We offer our clients technical knowledge, innovative solutions and responsive services. The hallmark of our success is our dedication to each and every project and our desire to leave a legacy of extraordinary contributions to our communities. Our staff includes certified transportation planners, registered civil and traffic engineers, project/ construction managers, and construction inspectors. With six offices located in Southern California, KOA has provided engineering services for some of the largest public works and transportation planning projects throughout California. KOA’S ROLE AND EXPERIENCE LOCAL ROADWAY SAFETY PLANS/SYSTEMIC SAFETY ANALYSIS REPORTS KOA has become an industry leader in Southern California with Caltrans’ transportation safety programs - SSAR and LRSP. Both programs take a systemic and proactive approach to address citywide transportation safety issues. A LRSP creates a framework to systematically identify and analyze safety problems, focusing on the 4 “E’s” of transportation safety - Engineering, Enforcement, Education, and Emergency Medical Services (EMS), as well as a fifth “E”, Emerging Technologies, which is gradually becoming a more commonly seen component of local agencies’ LRSP core framework. The success of our LRSP and SSAR projects stems from our multidisciplinary approach and collaboration amongst our team of skilled planners and engineers. Our outreach team utilizes community workshops, online tools, and boots on the ground approaches to ensure all the voices are heard regarding transportation safety issues. KOA’s knowledgeable, in-house GIS team conducts a data-driven, quantitative analysis to identify prominent collision patterns and transportation safety emphasis areas. Our team of experienced engineers can lead roadway safety audits, select countermeasures, and develop constructible conceptual designs and cost estimates for a variety of safety improvement projects. TYPES OF SERVICES Local Roadway Safety Plans Systemic Safety Analysis Reports Civil Engineering Traffic Engineering Transportation Planning Active Transportation Highway & Transportation Design Program Management Construction Management Grant Writing YEAR FOUNDED 1987 FORM OF THE ORGANIZATION S Corporation LOCATION OF OFFICES Monterey Park Orange Ontario San Diego La Quinta Culver City PROJECT OFFICE LOCATION 2141 W. Orangewood Avenue Orange, CA 92868 MAIN CONTACT Frank Barrera Project Manager (714) 573-0317 fbarrera@koacorp.com 18.b Packet Pg. 897 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 22 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - ORGANIZATIONAL CHART PRINCIPAL-IN-CHARGE & QA/QC MANAGER SAFETY ENGINEERING COUNTERMEASURES & PROJECTS PROJECT MANAGER SAFETY DATA ANALYSIS Walter Okitsu, PE, PTOE, PTP Task Lead Jennifer Miller, PE Stephanie Lopez Zachary Popp Task Lead Ivy Hang Pinal Vashi Frank Barrera DEPUTY PROJECT MANAGER Greg Garces Stephen Bise, PE LOCAL ROADWAY SAFETY PLAN Frank Barrera Task Lead Walter Okitsu, PE, PTOE, PTP Greg Garces Zachary Popp Greg Garces Task Lead Karen Thai Trevor Lien, LCI PUBLIC OUTREACH & NON-ENGINEERING SOLUTIONS The organizational chart below identifies the professional, technical, and support staff that will be performing the work associated with the proposed scope of services. Resumes can be found on the following pages. 18.b Packet Pg. 898 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 23 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES EDUCATION MS, Transportation Engineering, California State Polytechnic University, Pomona, CA BS, Urban & Regional Planning, California State Polytechnic University, Pomona, CA PROFESSIONAL AFFILIATIONS Orange County Traffic Engineers Council (OCTEC), Member STEPHEN BISE, PE PRINCIPAL-IN-CHARGE & QA/QC MANAGER | SENIOR ENGINEER KOA has become an industry leader in developing Local Road Safety Plans and Systematic Safety Analysis Reports with Stephen’s guidance as Project Manager and Principal-in-Charge. Mr. Bise has managed numerous civil and traffic engineering projects for several municipalities throughout Southern California. In addition to leading several of KOA’s LRSP, HSIP, and SSAR programs, his project experience also consists of preparing final plan, specification, and estimate (PS&E) packages for various improvements to roadways/highways, intersections, drainage, low impact development (LID) implementation, traffic signals, ITS, lighting, signing/striping, and planning for future development. He also has extensive experience in complete streets design and implementation, which includes safe multi-modal integration with aesthetic elements such as landscape and street furniture. RELEVANT EXPERIENCE • City of Pico Rivera SSAR • City of El Monte SSAR • City of Fontana LRSP • City of Highland LRSP • City of Azusa LRSP • City of Wildomar SSAR EDUCATION BS, Civil Engineering, California State Polytechnic University, Pomona, CA REGISTRATIONS Professional Engineer (PE), Civil, CA #76775 Professional Engineer (PE), Traffic, CA (Passed, Awaiting Certification Number) PROFESSIONAL AFFILIATIONS American Public Works Association, Member Orange County Traffic Engineers Council (OCTEC), Member FRANK BARRERA PROJECT MANAGER | SENIOR PLANNER Mr. Barrera is a Senior Planner with more than 15 years of working experience in the transportation planning/engineering field preparing, assisting, and managing various studies for public and private developments throughout Southern California. He specializes in transportation planning and traffic engineering including traffic, parking, and circulation studies, mobility plans, traffic calming, Active Transportation, and feasibility studies. Frank has successfully managed three SSAR projects and is currently managing two LRSP projects. Frank is one of KOA’s internal lead for SSAR and LRSP projects. RELEVANT EXPERIENCE • City of San Bernardino Citywide Signal & Signage Inventory, SSAR • City of Fontana SSAR • City of Twentynine Palms LRSP • City of Fontana LRSP • City of Highland LRSP • City of Wildomar SSAR • City of South Pasadena Citywide Signage Inventory & SSAR • Imperial County Traffic Sign Audit • City of Hesperia Corridor Enhancement Study for I Avenue • City of Garden Grove SRTS • City of Garden Grove Active Downtown Plan 18.b Packet Pg. 899 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 24 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES WALTER OKITSU, PE, PTOE, PTP SAFETY ENGINEERING COUNTERMEASURES & PROJECTS | PRINCIPAL Mr. Okitsu has more than 39 years of traffic engineering and transportation planning experience. Walter is KOA’s leading safety engineering countermeasures expert and has worked on over ten LRSP/SSAR projects across Southern California. He has extensive experience in a wide variety of highway, transit way, and bikeway projects. This includes designs for traffic signals, street lighting, signing and striping, and worksite traffic control plans. He has field and managerial experience on traffic impact, feasibility analysis, and circulation projects. Walter was the recipient of the Institute of Traffic Engineers 2020 Lifetime Achievement Award for his outstanding professional achievements in the industry. RELEVANT EXPERIENCE • City of San Bernardino Citywide Signal & Signage Inventory, SSAR • City of Fontana SSAR • City of Pico Rivera SSAR • City of El Monte SSAR • City of Highland LRSP • City of Diamond Bar LRSP • City of Wildomar SSAR • City of Azusa LRSP • City of Thousand Oaks LRSP • City of South Pasadena Citywide Signage Inventory & SSAR EDUCATION Coursework, Civil Engineering, California State Polytechnic University, Pomona, CA PROFESSIONAL AFFILIATIONS American Society of Civil Engineers, Member Institute of Transportation Engineers, Member EDUCATION MS, Transportation Engineering, University of California, Berkeley, CA BS, Civil Engineering, California State University, Los Angeles, CA BS, Math-Computer Science, University of California, Los Angeles, CA REGISTRATIONS Professional Engineer (PE), Traffic, CA #1406 Civil, CA #52655 Professional Traffic Operations Engineer (PTOE) Professional Transportation Planner (PTP) GREGORY GARCES DEPUTY PROJECT MANAGER | SENIOR DESIGNER Mr. Garces has more than 13 years of working experience in the traffic engineering and transportation planning field. He specializes in conducting traffic engineering and safety studies, transportation impact analyses; large- scale inventories and master planning traffic/transportation programs; providing traffic engineering plancheck and quality control services; and designing construction-ready PS&E packages for a variety of highway improvement and locally-funded CIP transportation projects. His specific work experience includes serving as lead analyst, project engineer, and designer for on-call city traffic engineering contracts; traffic and parking studies; “quick build” neighborhood traffic calming safety projects; regular and specialized applications of the Highway Capacity Manual and California MUTCD; and other active transportation-focused pedestrian and bicycle programs. RELEVANT EXPERIENCE • City of Rancho Mirage LRSP • City of Wildomar SSAR • City of Hesperia Corridor Enhancement Study for I Avenue • City of Indio Complete Streets Plan & Drainage Master Plan • City of Laguna Beach Coast Highway Intersection Improvement Traffic Calming PS&E • Cities of Colton and Rancho Mirage Collision Analyses and In-Field Traffic Safety Audits for Citywide Surveys E&TS Project* *Previous work experience 18.b Packet Pg. 900 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 25 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES IVY HANG SAFETY DATA ANALYSIS | SENIOR ASSOCIATE PLANNER Ms. Hang is a Senior Associate Planner at KOA Corporation with more than 14 years of experience in the transportation planning/engineering field. Her experience includes project management, public involvement, traffic impact studies, parking studies, MUTCD warrant analysis, and citywide and corridor transportation studies. She also has extensive experience with transportation planning and roadway improvement projects. She is an expert in managing and analyzing large datasets, especially crash data. Ivy is currently serving as the project manager for three LRSP projects. Ivy is one of the leading planners in managing and developing the SSARP/LRSP document and plans to bring her wealth of knowledge to this project. RELEVANT EXPERIENCE • City Of Fontana SSAR • City of El Monte SSAR • City Of Pico Rivera SSAR • City Of Diamond Bar LRSP • City of Azusa LRSP • City of South Pasadena Citywide Signage Inventory & SSAR • City Of Thousand Oaks LRSP EDUCATION BS, Civil Engineering, San Diego State University, San Diego, CA REGISTRATIONS Professional Engineer (PE), Civil, CA #92320 PROFESSIONAL AFFILIATIONS American Public Works Association, Member Society of Women Engineers, Member EDUCATION BS, Urban & Regional Planning, California State Polytechnic University, Pomona, CA Minor, Geographic Information Systems, California State Polytechnic University, Pomona, CA PROFESSIONAL AFFILIATIONS American Planning Association, Member JENNIFER MILLER, PE SAFETY ENGINEERING COUNTERMEASURES & PROJECTS | ASSOCIATE ENGINEER Ms. Miller has extensive background in providing engineering safety designs for civil and traffic engineering roadway improvements, pedestrian improvements, signing and striping, and drainage modifications. Her experience includes the use of design programs such as AutoCAD, Civil 3-D, Microstation, ArcGIS, and working knowledge in Primavera P6. For LRSP/SSAR projects, Jennifer has assisted with preparing crash data diagrams, conceptual designs, project cost estimates, alternative analysis, and engineering safety countermeasures. RELEVANT EXPERIENCE • City of Fontana SSAR • City of Pico Rivera SSAR • City of Twentynine Palms LRSP • City of Fontana LRSP • City of Desert Hot Springs LRSP • City of South Pasadena Citywide Signage Inventory & SSAR • City of Hesperia Corridor Enhancement Study for I Avenue 18.b Packet Pg. 901 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 26 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES ZACHARY POPP PUBLIC OUTREACH & NON-ENGINEERING SOLUTIONS | ASSOCIATE PLANNER Mr. Popp is a graduate of the UCLA Master of Urban and Regional Planning program with a concentration in Transportation Policy and Planning. He has worked in multi-modal transportation planning and policy preparation for several government agencies and officials, including the Mayor’s Office in the City of Chicago and City of Santa Monica Big Blue Bus. While at KOA, Mr. Popp has gained extensive experience developing, evaluating, and implementing non-engineering safety countermeasures for LRSP/SSAR projects across Southern California. Mr. Popp has prepared grant applications that were awarded funding for the Active Transportation Program and Sustainable Grant program, and has assisted cities better understand key permitting and funding deadlines in project schedules. RELEVANT EXPERIENCE • City of San Bernardino Citywide Signal & Signage Inventory, SSAR • City of Fontana SSAR • City of Pico Rivera SSAR • City of El Monte SSAR • City of Twentynine Palms LRSP • City of Highland LRSP • City of Diamond Bar LRSP EDUCATION MURP, Urban and Regional Planning, University of California, Los Angeles, CA BA, Government, Harvard University, Cambridge, MA KAREN THAI PUBLIC OUTREACH & NON-ENGINEERING SOLUTIONS | SENIOR ASSOCIATE PLANNER Ms. Thai specializes in bicycle, pedestrian, and ATP planning and outreach. With a unique sense for graphic design and visual communications, she leads a majority of project branding efforts for KOA and develops customized outreach and engagement plans for clients. Understanding how to effectively communicate complex data and both planning and engineering concepts, she has led numerous outreach efforts with the general public, regional and local stakeholders, advisory committees, and project staff. In addition to assisting with project management and coordination, she provides integral support through data collection, existing conditions analyses, technical writing, presentations, and preliminary concept development. RELEVANT EXPERIENCE • SCAG Pasadena Allen Avenue Safety Improvements • LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need • SCAG Go Human South El Monte Streets of Gold Demonstration • SCAG Go Human I.E. Demonstrations • City of Long Beach 3rd & Broadway Streetscape EDUCATION MS, Urban & Regional Planning, University of California, Los Angeles, CA BA, Urban Studies; Urban Planning Minor, University of California, Irvine, CA 18.b Packet Pg. 902 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 27 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES EDUCATION BS, Civil Engineering, California State University, Fullerton, CA PROFESSIONAL AFFILIATIONS Institute of Transportation Engineers (ITE), Member American Society of Civil Engineers, Member Orange County Traffic Engineers Council (OCTEC), Member STEPHANIE LOPEZ SAFETY ENGINEERING COUNTERMEASURES & PROJECTS | ASSOCIATE ENGINEER Ms. Lopez is an enthusiastic Associate Engineer at KOA focused on traffic engineering projects. Her responsibilities include agency coordination, traffic and civil design, signing and striping plans, traffic control plans, cost estimation, and fieldwork for utility research. Her specific work experience includes intersection design, simulation studies, and cost estimates for various southern California agencies. Stephanie is dedicated in learning the ever-changing industry standards and enjoys her work in developing a safe environment for walking and biking. RELEVANT EXPERIENCE • City of San Bernardino Citywide Signal & Signage Inventory, SSAR • City of Fontana SSAR • City of Pico Rivera SSAR • City of Twentynine Palms LRSP • City of Fontana LRSP • City of Wildomar LRSP • City of South Pasadena Citywide Signage Inventory & SSAR • City of Hesperia Corridor Enhancement Study for I Avenue TREVOR LIEN, LCI PUBLIC OUTREACH & NON-ENGINEERING SOLUTIONS | SENIOR ASSOCIATE PLANNER Mr. Lien has transportation planning experience with both private and public sectors firms across California, from San Luis Obispo County to Orange County. He is knowledgeable in Active Transportation Plans (ATP) and Safe Routes to School Plans (SRTS & SR2S), project outreach, both walk and bike audit planning, coordination, and implementation, graphic design (Adobe Illustrator), graphic information systems (ESRI ArcMap and ArcGIS, ESRI GeoApps) and technical report production. Mr. Lien has taken the lead on tactical urbanism events when it comes to logistics, staff coordination, and implementation task to ensure a successful event. RELEVANT EXPERIENCE • SCAG Morongo Basin Active Transportation Master Plan • City of Ontario Active Transportation Master Plan • SCAG Go Human I.E. Demonstrations • SCAG Go Human South El Monte Streets of Gold Demonstration • LADOT Safe Routes to School Plans for the Top 50 Schools with Most Need »Little Street Quick-Build Demonstration »Leo Politi Tactical Urbanism Demonstration EDUCATION MS, Urban and Regional Planning, University of California, Irvine, CA BS, Kinesiology - Emphasis on Health Promotion & Exercise Science, California Polytechnic State University, San Luis Obispo, CA REGISTRATIONS FAA Certificated Drone Operator League Cycling Instructor (LCI) 18.b Packet Pg. 903 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 28 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 3 | PROJECT STAFF - RESUMES PINAL VASHI SAFETY DATA ANALYSIS | ASSOCIATE PLANNER Ms. Vashi is a skillful Associate Planner at KOA specializing in civil and transportation engineering. In this role, she collaborates with the project managers in KOA office to complete proposals and to gather information for internal and external announcements. She has served as Traffic Engineer and Project Engineer on numerous civil and traffic engineering design projects for several cities. She has experience in creating technical memos, Intersection improvement plan and traffic signal warrant assessment. Her specific work experience includes identifying highway design guidelines using AASHTO and MUTCD, generating traffic signal timing and design calculation using Synchro software, developing intersection improvement plans, gather TMC data to prepare traffic assessment reports. Pinal prides herself on being well organized and a strong team player with good learning and self-management skills. She has excellent working knowledge of AutoCAD and Synchro. RELEVANT EXPERIENCE • City of Pasadena Traffic Signal Asset Master Plan • City of Ontario Bike Lane Installation Project • City of Gardena Traffic Assessment Report* • City of Coachella Traffic Impact Analysis* *Previous work experience EDUCATION MS, Transportation Engineering, California State Polytechnic University, Pomona, CA MS, Civil Engineering, National Institute of Technology, Surat, Gujarat, India BS, Civil Engineering, Gujarat Technological University, Surat, Gujarat, India 18.b Packet Pg. 904 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 29 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 4 | LIST OF SIMILAR PROJECTS SAN BERNARDINO CITYWIDE SIGNAL & SIGNAGE INVENTORY, SYSTEMIC SAFETY ANALYSIS REPORT (SSAR) SAN BERNARDINO, CA | 09/2017 - 09/2018 KOA assisted the City with the preparation of a grant application package, which was subsequently awarded under the Caltrans Systemic Safety Analysis Report (SSAR). KOA was competitively awarded the consultant contract to complete the SSAR project. KOA completed a review of existing safety conditions, utilizing the SWITR database. The project included an evaluation of safety countermeasures and a citywide inventory of 300 traffic signals, controller cabinets, intersection safety lights, flashers, mid-block crossings, and signage. The existing signal system review was used to provide a foundation for potential signal system upgrades or replacements based on age, application, and known deficiency, pertaining to existing standards and safety. As part of the sign inventory, KOA conducted retroreflectivity tests of the school signs to determine night time visibility. All inventoried items were evaluated and entered into a GIS database for the City to efficiently replace/ repair the most dilapidated items. The report analyzed current collision data, evaluated crash analyses, identified high-risk corridors and intersections, and included other safety analyses to identify preliminary safety project scopes and recommendations for utilizing traffic signal, street lighting, and signage upgrades as countermeasures. The City’s key goal was to use the information and database from this project as support to obtain funding via future Highway Safety Improvement Program (HSIP) cycles. A final SSAR report was prepared. FONTANA SYSTEMIC SAFETY ANALYSIS REPORT (SSAR) FONTANA, CA | 04/2018 - 10/2019 KOA was the lead consultant for the City of Fontana’s SSAR. A citywide inventory for crosswalks, arrow markings, and left-turn phasing for all of the signalized locations was compiled. Five years of SWITRS data were used to identify major collision types/patterns within the City. KOA worked with RoadSafe GIS, a Berkeley-based collision data analysis tool developer, to create a powerful and flexible GIS-based collision analysis application for the City. KOA conducted a citywide evaluation of the installation of rectangular rapid flashing beacons (RRFB) and flashing yellow arrows (FYA). KOA also evaluated a few options for installing medians for Valley Boulevard to reduce head-on collisions. KOA proposed countermeasures for intersections and roadway segments with high frequencies of collisions, developed safety project conceptual designs, and calculated the benefit/cost (b/c) ratio. The safety projects were prioritized for future HSIP applications. The SSAR has been prepared following Caltrans’ guidelines. CONTACT City of San Bernardino Michael Grubbs Project Manager 300 North “D” Street San Bernardino, CA 92418 (909) 384-5179 CONTACT City of Fontana Dave Teater Associate Engineer 8353 Sierra Avenue Fontana, CA 92335 (909) 350-6775 18.b Packet Pg. 905 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 30 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 4 | LIST OF SIMILAR PROJECTS PICO RIVERA SYSTEMIC SAFETY ANALYSIS REPORT (SSAR) PICO RIVERA, CA | 04/2018 - 01/2020 KOA recently completed an SSAR to identify and prioritize future safety projects for the City of Pico Rivera. The project focuses on four major arterials within the City: Slauson Avenue, Whittier Boulevard, Paramount Boulevard, and Passons Boulevard. Five years (2013-2017) of the SWITRS data and local police reports of severe and fatal collisions were utilized to identify safety issues along the four roadways. Dashboards powered by Tableau were created to assist in collision analysis. The focused study area includes distracted driving, speeding, aggressive driving, roadway departure, head-on collisions, and collisions that involved pedestrians. KOA conducted a thorough roadway safety audit of the four roadways and proposed safety countermeasures to address the major safety issues. KOA developed a list of safety projects, estimated project costs, and calculated collision reduction benefits. KOA worked closely with the City to identify safety projects for the HSIP Cycle 10 grant application. Two projects were identified that may be qualified for the grant. EL MONTE SYSTEMATIC SAFETY ANALYSIS REPORT (SSAR) & SAFETY WORK PLAN EL MONTE, CA | 05/2018 - 02/2020 KOA was the lead consultant for City of El Monte’s Systemic Safety Analysis Report (SSAR). KOA analyzed the collision data from the past five years to identify major collision types, patterns and high-collision frequency and rate intersections and roadway segments within the City. GIS shapefiles for the citywide roadway network and intersections were created to support the project. Collision diagrams for top collision intersections and roadway segments were prepared for identifying safety issues. Dashboards powered by software Tableau were created to assist collisions analysis. A citywide signal inventory and evaluation were completed for the City to better understand the traffic operation deficiency and prioritize upgrades. KOA conducted a literature review to summarize best practice of SSAR, as well as prepared a Safety Work Plan for the City. In addition, KOA proposed safety enhancement countermeasure, developed a list of safety projects and estimated the project cost. A list of recommended safety projects with competitive benefit to cost ratio has been identified for HSIP application. The SSAR meets all Caltrans requirements has been prepared. CONTACT City of Pico Rivera Kenner Guerrero Assistant Engineer 6615 Passons Boulevard Pico Rivera, CA 90660 (562) 801-4351 CONTACT City of El Monte Jimmy Chung Interim City Engineer 11333 Valley Boulevard El Monte, CA 91731 (626) 580-2056 18.b Packet Pg. 906 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 31 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 4 | LIST OF SIMILAR PROJECTS TWENTYNINE PALMS LOCAL ROAD SAFETY PLAN (LRSP) TWENTYNINE PALMS, CA | 05/2018 - 01/2020 KOA completed this Local Road Safety Plan for the City of Twentynine Palms to address safety needs. The LRSP describes input from transportation stakeholders; identifies infrastructure deficiencies; prioritizes improvements; and provides the information needed to apply for future grants and funding to address the safety needs. The project also followed the technical guidelines set out by the Caltrans Systemic Safety Analysis Program. KOA followed a systemic analysis approach to focus on evaluating an entire roadway network using a defined set of criteria. The study examined crash history to identify high-risk roadway characteristics. This project was completed with input from key Stakeholders who provided input on safety needs and goals. The mission of this LRSP was to achieve a reduction in collisions, and in particular, fatal and serious injury collisions through a multi-agency approach that utilizes education, enforcement, engineering, and emergency service strategies. Projects were studied to develop systemic project groups that would achieve strong benefit-cost ratios. Following project completion, KOA assisted the City in preparing the HSIP funding application. The application received funding as part of Cycle 10. FONTANA LOCAL ROADWAY SAFETY PLAN (LRSP) FONTANA, CA | 12/2020 - ONGOING KOA is currently developing the Local Roadway Safety Plan (LRSP) for the City of Fontana. The project involves the analysis of the most recent five- year collision data from SWITRS database and analyzing the collision types, patterns, and locations with high collision frequency. KOA conducted stakeholder meetings to gather input and recommend countermeasures to improve traffic safety. KOA has identified safety emphasis areas and will be developing a list of safety projects and an implementation plan that includes the four Es of transportation safety. Benefit/cost (b/c) ratio calculations will be prepared for the safety projects for future HSIP grant applications. The LRSP will be prepared following Caltrans’ Local Roadway Safety Plan Manual. CONTACT City of Twentynine Palms Richard Pedersen Deputy Town Engineer (Town of Apple Valley) 6136 Adobe Road Twentynine Palms, CA 92277 (760) 240-7000 ext. 7352 CONTACT City of Fontana Mahmoud Khodr Senior Traffic Engineer 8353 Sierra Avenue Fontana, CA 92335 (909) 350-6653 18.b Packet Pg. 907 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 32 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 4 | LIST OF SIMILAR PROJECTS HIGHLAND LOCAL ROADWAY SAFETY PLAN (LRSP) HIGHLAND, CA | 10/2020 - ONGOING KOA is currently developing the Local Roadway Safety Plan (LRSP) for the City of Highland. The project involves collecting the most recent five years of collision data from the SWITRS database and analyzing the collision types, patterns, and locations with high collision frequency. KOA conducted stakeholder meetings to gather input and recommend countermeasures to improve traffic safety. KOA will develop a list of safety projects and an implementation plan that includes the previously mentioned 4 Es of transportation safety. Projects with competitive benefit-to-cost ratio will be identified for the next HSIP grant application. The LRSP will be prepared following the Caltrans’ Local Roadway Safety Plan Manual. DIAMOND BAR LOCAL ROADWAY SAFETY PLAN (LRSP) DIAMOND BAR, CA | 08/2020 - ONGOING KOA is currently preparing an LRSP for the City of Diamond Bar. KOA analyzed the fives years of SWITRS collision data to identify collision trend, types, and high-collision frequency locations. KOA is hosting individual stakeholder meetings for input of their safety concerns. Also, KOA is proposing safety enhancement countermeasure, developing a list of safety projects, and providing the project cost estimation. KOA is proposing a list of safety projects and implementation plan that include the 4 “E’s”, engineering, education, enforcement, and emergency medical services. Projects with competitive benefit-to-cost ratio will be identified for the next HSIP grant application. The LRSP will be prepared following the Caltrans’ Local Roadway Safety Plan manual. CONTACT Matt Bennett Assistant Public Works Director 27215 Base Line Highland, CA 92346 (909) 864-6861 ext. 241 CONTACT City of Diamond bar Christian Malpica Associate Traffic Engineer 21810 Copley Drive Diamond Bar, CA 91765 (989) 839-7042 18.b Packet Pg. 908 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 33 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 4 | LIST OF SIMILAR PROJECTS RANCHO MIRAGE LOCAL ROADWAY SAFETY PLAN (LRSP) RANCHO MIRAGE, CA | 02/2021 - ONGOING KOA was selected to prepare the Local Roadway Safety Plan (LRSP) for the City of Rancho Mirage in Riverside County. The project involves coordinating input from local law enforcement, emergency safety services, and interested community groups to address traffic safety issues on city streets. Collision data was obtained through a variety of sources, including SWITRS, TIMS, and Crossroads database from both local agency and Riverside County Sheriff’s Department. KOA is responsible for analyzing the 5-year collision data; identifying emphasis areas for potential systemic safety improvements; developing countermeasure programs and projects to address high-risk intersections and roadways; and preparing up to three (3) Caltrans grant applications to fund the proposed improvements. The primary outcome of the project is a Final LRSP Report, a living document which outlines the City’s strategy for addressing and minimizing citywide collision patterns and trends in the years to come, including at boundary line locations with the neighboring Cities of Palm Desert and Cathedral City.CONTACT City of Rancho Mirage Ryan Stendell Interim Public Works Director 69825 Highway 111 Rancho Mirage, CA 92270 (760) 770-3224 ext. 254 18.b Packet Pg. 909 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 34 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 5 | AVAILABILITY OF STAFF KEY PERSONNEL NAME, PROJECT TITLE & AVAILABILITY CURRENT WORKLOAD FRANK BARRERA Project Manager 40% Available • City of Fontana LRSP • City of Highland LRSP • City of Orange Tustin Street Specific Plan • City of Barstow Engineering & Traffic Survey STEPHEN BISE, PE Principal-in-Charge & QA/QC Manager 35% Available • SCBTA Metrolink ATP Phase II • City of Rancho Mirage Local Road Safety Plan • City of Highland Local Road Safety Plan GREG GARCES Deputy Project Manager 30% Available • City of Rancho Mirage Local Roadway Safety Plan • City of Pasadena Traffic Signal Asset Master Plan • City of Long Beach Anaheim Street Corridor PS&E Safety Improvements WALTER OKITSU, PE, PTOE, PTP Safety Engineering Countermeasures & Projects Task Leader 50% Available • City of Thousands Oaks LRSP • City of Diamond Bar LRSP • County of Los Angeles Engineering & Traffic Surveys IVY HANG Safety Data Analysis 30% Available • Kern COG LRSP • City of Diamond Bar LRSP • City of Pasadena Lake Avenue Traffic & Pedestrian Safety Enhancement Plan ZACHARY POPP Safety Data Analysis Task Lead 30% Available • City of Fontana Local Roadway Safety Plan • City of Highland Local Roadway Safety Plan • City of Rancho Mirage Local Roadway Safety Plan • County of Los Angeles Engineering & Traffic Surveys KAREN THAI Public Outreach & Non-Engineering Solutions 30% Available • City of San Bernardino Active Transportation Plan • SCAG Resilient Streets & Strategies Mini Grant Program • City of Ontario Multimodal Transportation Center Project TREVOR LIEN Public Outreach & Non-Engineering Solutions 30% Available • City of Irvine First Last Mile Plan • City of Costa Mesa Pedestrian Master Plan • City of Ontario Active Transportation Master Plan JENNIFER MILLER, PE Safety Engineering Countermeasures & Projects 25% Available • SCBTA Metrolink ATP Phase II • San Bernardino County Bloomington Avenue Rehabilitation • City of Placentia Pavement Rehabilitation STEPHANIE LOPEZ Safety Engineering Countermeasures & Projects 25% Available • City of Long Beach Market Street Pedestrian & Streetscape Enhancements • City of Irvine Station First Last Mile Study • City of Carson Bike Lanes PINAL VASHI Safety Data Analysis 50% Available • City of Ontario Active Transportation Master Plan • City of Pasadena Traffic Signal Asset Master Plan 18.b Packet Pg. 910 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 35 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 6 | SUB-CONSULTANTS As an industry leader with Local Roadway Safety Plans, KOA has every capability of performing all of the duties required of a thorough LRSP and will not use any sub-consultants for this effort. 18.b Packet Pg. 911 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 36 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT KOA’S LOCAL PRESENCE ELIGIBILITY The closest KOA office to the City of San Bernardino is located in the City of Ontario. Our employees work within the San Bernardino city limits on a project-by-project basis and do not keep office hours within the City. Below is a copy of our City of San Bernardino Business License. SECTION 7 | LOCAL PREFERENCE ELIGIBILITY - FIRM PROFILE 18.b Packet Pg. 912 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 37 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 8 | REQUESTED ITEMS, ACTIONS OR INFORMATION Our expectations of what information, materials, and/or other assistance from the City is integrated in the Scope of Services section of this proposal. 18.b Packet Pg. 913 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 38 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 9 | COMMENTS OR SUGGESTIONS Our comments and suggestions to improve the finished project or to comply with the requirements of this RFP are integrated in the Scope of Services section of this proposal. SUGGESTED EDITS TO THE DRAFT AGREEMENT KOA concurs with any and all provisions of the City of San Bernardino’s Professional Services Agreement but due to limitations from the liability insurance policies available in our industry regarding defense, KOA respectfully suggests that the following items be adjusted, as shown below. We have included certain suggested edits in red to the draft agreement below. ATTACHMENT 1 - DRAFT COPY PROFESSIONAL SERVICES AGREEMENT 17. INDEMNIFICATION a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend indemnify the City, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s reasonable attorney’s fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 18.b Packet Pg. 914 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) 39 CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT - ENGINEERING DIVISION PROPOSAL FOR LOCAL ROADWAY SAFETY PLAN (LRSP) REPORT SECTION 10 | HOURLY BILLING FEE Per the RFP, the hourly billing fee has been submitted in a separate sealed envelope labeled “Consultant Proposal Envelope B.” 18.b Packet Pg. 915 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) www.koacorp.com LOS ANGELES | CORPORATE OFFICE 1100 Corporate Center Drive, Suite 201 Monterey Park, CA 91754 (323) 260-4703 ORANGE COUNTY OFFICE 2141 W. Orangewood Avenue Orange, CA 92868 (714) 573-0317 INLAND EMPIRE OFFICE 3190 Shelby Street, Bldg C. Ontario, CA 91764 (909) 890-9693 SAN DIEGO OFFICE 5095 Murphy Canyon Road, Suite 330 San Diego, CA 92123 (619) 683-2933 COACHELLA VALLEY OFFICE 78-405 Via Caliente La Quinta, CA 92253 (760) 694-1716 WESTSIDE OFFICE 300 Corporate Pointe, Suite 470 Culver City, CA 90230 (310) 473-6508 MC13054 18.b Packet Pg. 916 Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA for Local Roadway Safety Plan (LRSP) Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Hours Cost Costs Hours Cost1 Project Mobilization and ManagementTask 1.1: Project Coordination and Administration8 $1,901 12 $2,494 52 $8,572 $0 $0 $0 $0 $0 72 $12,966Task 1.2: Establish Purpose, Objective and Goals for the LRSP1 $238 2 $416 6 $989 $0 8 $1,120 8 $813 $0 18 $1,664 43 $5,240Subtotal 9 $2,139 14 $2,909 58 $9,561 0 $0 8 $1,120 8 $813 0 $0 18 $1,664 $0 115 $18,2062 Stakeholder Engagement8 $1,901 4 $831 16 $2,637 20 $2,253 10$1,400 10 $1,016 $0 24 $2,219 92 $12,258Subtotal 8 $1,901 4 $831 16 $2,637 20 $2,25310 $1,400 10 $1,016 0 $0 24 $2,219 $0 92 $12,2583 Document Review2 $475 2 $416 4 $659 6 $676 8 $1,120 8 $813 $0 18 $1,664 48 $5,823Subtotal 2 $475 2 $416 4 $659 6 $676 8 $1,120 8 $813 0 $0 18 $1,664 $0 48 $5,8234 Collision and Roadway Data AnalysisTask 4.1: Data Collection$0 $0 6 $989 6 $676 6 $840 6 $610 $0 40 $3,698 64 $6,813Task 4.2: Field Review16 $3,802 8 $1,662 8 $1,319 $0 8 $1,120 8 $813 $0 8 $740 $435.00 56 $9,891Task 4.3: Collision Analysis2 $475 4 $831 16 $2,637 6 $676 14 $1,960 14 $1,423 $0 60 $5,547 116 $13,550Task 4.4: Identify Safety Emphasis Areas4 $951 4 $831 4 $659 6 $676 8 $1,120 8 $813 $0 18 $1,664 52 $6,714Subtotal 22 $5,228 16 $3,325 34 $5,604 18 $2,02836 $5,040 36 $3,659 0 $0 126 $11,648 $435 288 $36,9685 Countermeasure SelectionTask 5.1 Select Engineering Countermeasures8 $1,901 24 $4,987 24 $3,956 8 $901 12$1,680 12 $1,220 $0 8 $740 96 $15,385Task 5.2 Non-engineering Programs2 $475 6 $1,247 8 $1,319 6 $676 14 $1,960 14 $1,423 $0 32 $2,958 82 $10,058Task 5.3 Development of Priority Safety Projects4 $951 4 $831 8 $1,319 8 $901 8 $1,120 8 $813 $0 26 $2,404 66 $8,338Task 5.4 Calculate Benefit/Cost Ratio and Project Prioritization8 $1,901 16 $3,325 8 $1,319 18 $2,028 40 $5,600 40 $4,066 130 $13,036 18 $1,664 278 $32,938Subtotal 22 $5,228 50 $10,390 48 $7,912 40 $4,50674 $10,360 74 $7,522 130 $13,036 84 $7,765 $0 522 $66,7206 Implementation PlanTask 7.1: Develop Evaluation Matrix4 $951 2 $416 4 $659 4 $451 8 $1,120 8 $813 $0 12 $1,109 42 $5,519Task 6.3 Identify Funding1 $238 $0 4 $659 $0 8 $1,120 8 $813 $0 8 $740 29 $3,570Subtotal 5 $1,188 2 $416 8 $1,319 4 $451 16$2,240 16 $1,626 0 $0 20 $1,849 $0 71 $9,0887 Final Local Roadway Safety Plan (LRSP)12 $2,852 12 $2,494 12 $1,978 24 $2,703 40$5,600 40 $4,066 $0 100 $9,245 240 $28,937Subtotal 12 $2,852 12 $2,494 12 $1,978 24 $2,70340 $5,600 40 $4,066 0 $0 100 $9,245 $0 240 $28,937Total80 $19,011 100 $20,780 180 $29,671 112 $12,616 192$26,880 192 $19,517 130 $13,036 390 $36,054 $435 1376$177,999.64Grand Total$207.80 Senior Engineer Project Manager Senior Designer$112.64 Senior Associate Planner$101.65 Associate Planner$92.45 Senior Associate EngineerAssociate Engineer$140.00 $100.28 Direct CostsCity of San Bernardino LRSP Hours & Fee by TaskTask No.Task NamePrincipals$164.84 $237.64 18.bPacket Pg. 917Attachment: Attachment 2 - Professional Service Agreement - KOA - Attachment A (8561 : Award of PSA Page 1 Request for Future Meeting City of San Bernardino Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Forming a City-Wide Tenants’ Bill of Rights (All Wards) 19 Packet Pg. 918 Page 1 Closed Session City of San Bernardino Date: October 6, 2021 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session (A) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager; Employee Organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters, Middle Management Unit; San Bernardino Police Officers Association; San Bernardino Confidential- Management Association, San Bernardino Police Dispatchers Association (HR) Packet Pg. 919