AMENDED AGENDA 1 VALLEJO SANITATION AND FLOOD CONTROL DISTRICT REGULAR MEETING 6:00 P.M. VALLEJO CITY COUNCIL REGULAR MEETING 7:00 P.M.

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1 City Hall 555 Santa Clara Street Vallejo, CA AMENDED AGENDA 1 VALLEJO SANITATION AND FLOOD CONTROL DISTRICT REGULAR MEETING 6:00 P.M. VALLEJO CITY COUNCIL REGULAR MEETING 7:00 P.M. NOVEMBER 1, 2016 MAYOR Osby Davis CITY COUNCIL Vice Mayor, Rozzana Verder-Aliga, EdD Pippin Dew-Costa Jesus Jess Malgapo Robert H. McConnell Katy Miessner Bob Sampayan This AGENDA contains a brief general description of each item to be considered. The posting of the recommended actions does not indicate what action may be taken. If comments come to the City Council without prior notice and are not listed on the AGENDA, no specific answers or response should be expected at this meeting per State law. Pursuant to the Government Code Section (The Brown Act), members of the public shall be afforded the opportunity to speak on any agenda item of interest to them provided they are first recognized by the presiding officer. Members of the public wishing to be so recognized are requested to submit a completed speaker card to the City Clerk prior to the consideration of the item. Those wishing to address the Council on any matter for which another opportunity to speak is not provided on the AGENDA but which is within the jurisdiction of the City Council to resolve may come forward to the podium during the "COMMUNITY FORUM" portion of the AGENDA. Members of the public have the right to speak on any item on this agenda. Those wishing to address the Council: 1) during the Community Forum are limited to three minutes pursuant to Vallejo Municipal Code Section ; 2) on a Consent Calendar item are limited to three minutes pursuant to Vallejo Municipal Code Section ; and an Action Calendar item are limited to five minutes pursuant to Vallejo Municipal Code Section Notice of Availability of Public Records: All public records relating to an open session item, which are not exempt from disclosure pursuant to the Public Records Act, that are distributed to a majority of the City Council will be available for public inspection at the City Clerk s Office, 555 Santa Clara Street, Vallejo, CA at the same time that the public records are distributed or made available to the City Council. Such documents may also be available on the City of Vallejo website subject to staff s ability to post the documents prior to the meeting. Information may be obtained by calling (707) , TDD (707) Want more City Information - Members of the public can: Like us on Facebook ( Sign up to receive City Communications via ( Sign up to receive City updates and get connected with your neighbors on Nextdoor ( Vallejo City Council Chambers is ADA compliant. Devices for the hearing impaired are available from the City Clerk. Requests for disability related modifications or accommodations, aids or services may be made by a person with a disability to the City Clerk's office no less than 72 hours prior to the meeting as required by Section 202 of the Americans with Disabilities Act of 1990 and the federal rules and regulations adopted in implementation thereof. 1 Action Calendar Item 8D, Authorize the City Manager to Execute the Due Diligence Agreement Regarding the Lakes Water System Between the County of Solano and the City of Vallejo, has been continued to the November 15, 2016 City Council Meeting. 1 of 102

2 VALLEJO CITY COUNCIL REGULAR MEETING 7:00 PM COUNCIL CHAMBERS NOVEMBER 1, CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PRESENTATIONS AND COMMENDATIONS 5. FIRST COMMUNITY FORUM Anyone wishing to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve, is requested to submit a completed speaker card to the City Clerk. When called upon, each speaker should step to the podium, state his /her name, and address for the record. The conduct of the community forum shall be limited to a maximum of fifteen (15) minutes, with each speaker limited to three minutes pursuant to Vallejo Municipal Code Section PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS Members of the public wishing to address the Council on Consent Calendar Items are requested to submit a completed speaker card to the City Clerk. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section Requests for removal of Consent Items received from the public are subject to approval by a majority vote of the Council. Items removed from the Consent Calendar will be heard immediately after approval of the Consent Calendar and Agenda. 7. CONSENT CALENDAR AND APPROVAL OF AGENDA A. 8. APPROVAL OF MINUTES Recommendation: By motion, approve City Council minutes for the meetings of 1) October 24, 2016 (special), 2) October 25, 2016 (special), and 3) October 25, 2016 (regular). Contact: Dawn G. Abrahamson, City Clerk (707) Dawn.Abrahamson@cityofvallejo.net ACTION CALENDAR NOTICE: Members of the public wishing to address the Council on Action Calendar Items are requested to submit a completed speaker card to the City Clerk. Each speaker is limited to five minutes pursuant to Vallejo Municipal Code Section of 102

3 A. PUBLIC HEARING AND ADOPTION OF RESOLUTION RECEIVING AND ACKNOWLEDGING COMMENTS FROM THE PUBLIC ON THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT AND REFERRING COMMENTS TO THE PUBLIC WORKS WATER DIVISION Recommendation: Hold a Public Hearing, take public input, and adopt a Resolution receiving and acknowledging comments from the public on the Report on Vallejo s Water Quality Relative to Public Health Goals dated July 1, Contact: David A. Kleinschmidt, Public Works Director, (707) David.Kleinschmidt@cityofvallejo.net B. INTRODUCE AN ORDINANCE AMENDING CHAPTER REGARDING MEDICAL MARIJUANA DISPENSARY REQUIREMENTS, CULTIVATION AND DELIVERY, AND PROVIDE DIRECTION TO STAFF REGARDING A ZONING AMENDMENT ALLOWING THOSE USES Recommendation: It is recommended that the City Council consider two actions: 1. Hold on First Reading an Ordinance Amending Vallejo Municipal Code (VMC) to add requirements for medical marijuana dispensaries and to regulate limited onsite cultivation and delivery of medical marijuana and/or 2. Provide direction to staff to return with amendments to the zoning code allowing a permitting process for medical marijuana dispensaries, cultivation, delivery and manufacturing. Contact: Joanna Altman, Assistant to the City Manager, (707) Joanna.Altman@cityofvallejo.net C. CONSIDER A REQUEST FOR A WAIVER OF PERMIT COSTS ASSOCIATED WITH SITING, PERMITTING, INSPECTION AND INSTALLATION OF THE "SOMA" TEMPORARY ART PROJECT Recommendation: To consider request, and by motion, choose one of the following: 1) Deny the fee waiver 2) Grant waiver of 50% of the fees or 3) Grant a complete waiver of the full amount of the fees, making findings that such waiver benefits the public, as explained in the staff report. Contact: Dina Tasini, Planning Manager (707) Dina.Tasini@cityofvallejo.net 9. INFORMATION CALENDAR 10. CITY MANAGER S REPORT 11. CITY ATTORNEY S REPORT 3 of 102

4 12. COMMUNITY FORUM Anyone wishing to address the Council on any matter for which another opportunity to speak is not provided on the agenda, and which is within the jurisdiction of the Council to resolve, is requested to submit a completed speaker card to the City Clerk. When called upon, each speaker should step to the podium, state his /her name, and address for the record. Each speaker is limited to three minutes pursuant to Vallejo Municipal Code Section REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL 14. CLOSED SESSION 15. ADJOURNMENT ADDITIONAL CITY INFORMATION Members of the public can: Like us on Facebook ( Sign up to receive City Communications via e mail ( Sign up to receive City updates and get connected with your neighbors on Nextdoor ( I, Dawn Abrahamson, City Clerk do hereby certify that I have caused a true copy of the above notice and agenda to be delivered to each of the members of the Vallejo City Council, at the time and in the manner prescribed by law and that this agenda was posted at City Hall, 555 Santa Clara Street, CA at 10:30 a.m., Friday, October 28, Dated: Friday, October 28, 2016 Dawn G. Abrahamson, City Clerk 4 of 102

5 CONSENT CALENDAR 7.A. DATE: November 1, 2016 TO: Mayor and Members of the City Council FROM: SUBJECT: APPROVAL OF MINUTES RECOMMENDATION By motion, approve City Council minutes for the meetings of 1) October 24, 2016 (special), 2) October 25, 2016 (special), and 3) October 25, 2016 (regular). REASONS FOR RECOMMENDATION BACKGROUND AND DISCUSSION FISCAL IMPACT ENVIRONMENTAL REVIEW ATTACHMENTS 1. Attachment 1-Special City Council Meeting Minutes of October 24, Attachment 2-Special City Council Meeting Minutes of October 25, Attachment 3-Regular City Council Meeting Minutes of October 25, 2016 CONTACT Dawn G. Abrahamson, City Clerk (707) of 102

6 VALLEJO CITY COUNCIL SPECIAL MEETING MINUTES MARE ISLAND CONFERENCE CENTER 375 G STREET, VALLEJO CA OCTOBER 24, 2016 Consent A 1. CALL TO ORDER The special meeting was called to order at 6:12 p.m. by Vice Chair Verder-Aliga. 2. ROLL CALL Present: Vice Mayor Verder-Aliga, Councilmembers Dew-Costa, Malgapo, McConnell, Miessner, and Sampayan Absent: Mayor Davis Staff present: City Clerk Abrahamson, Assistant City Manager Killgore, Assistant to the City Manager Altman, and Senior Community Development Analyst Ricca. 3. ACTION CALENDAR A. MAKEUP INTERVIEWS FOR APPLICANTS TO THE BEAUTIFICATION, CIVIL SERVICE, CULTURE & THE ARTS, AND HOUSING & COMMUNITY DEVELOPMENT COMMISSIONS Recommendation: Conduct makeup interviews for two applicants to the Beautification Commission, two applicants to the Culture & the Arts Commission, one applicant to the Civil Service Commission, and two applicants to the Housing & Community Development Commission. Pursuant to the City Council's new procedure for selecting Commissioners, appointments could be made at the next regular meeting, which is November 1, Special City Council Meeting Minutes October 24, 2016 Page 1 6 of 102

7 Contact: Dawn G. Abrahamson, City Clerk, (707) The City Council interviewed the following applicants: Commission on Culture & the Arts: Dalia Vidor Beautification Commission: Melinda Mares and JoEllen Myslik Civil Service Commission: Robert Arp Housing & Community Development Commission: Charles Brown and Sarah Shkidt Following the conclusion of the interviews, the Council directed the City Clerk to schedule appointments to the Beautification, Civil Service and Housing & Community Development Commissions for the November 15, 2016 regular City Council meeting. 4. ADJOURNMENT The meeting adjourned at 7:58 p.m. OSBY DAVIS, MAYOR ATTEST: DAWN G. ABRAHAMSON CITY CLERK Special City Council Meeting Minutes October 24, 2016 Page 2 7 of 102

8 VALLEJO CITY COUNCIL SPECIAL MEETING MINUTES COUNCIL CHAMBERS OCTOBER 25, 2016 Consent A 1. CALL TO ORDER The special meeting was called to order by Mayor Davis at 5:00 p.m. 2. ROLL CALL Present: Mayor Davis, Vice Mayor Verder-Aliga, Councilmembers Dew-Costa, McConnell, Miessner, and Sampayan Absent: Councilmember Malgapo Staff present: City Manager Keen, City Attorney Quintana, City Clerk Abrahamson, Deputy City Attorney Splendorio, Human Resources Director Loi, Human Resources Manager Thiessen, Finance Director Millard, Community & Economic Development Director Ouse, and Austris Rungis, IEDA. The City Council convened into Closed Session at 5:05 p.m. 3. CLOSED SESSION A. Conference with Legal Counsel - Existing Litigation: Acme Transfer and Storage, Inc. v. City of Vallejo, Solano County Superior Court, FCS , pursuant to subsection (a) of Government Code section B. Conference with Labor Negotiators: pursuant to Government Code Section Negotiators: Daniel E. Keen, City Manager; Jasmin Loi, Human Resources Director; and Austris Rungis, IEDA. Employee Organizations: International Association of Firefighters, Local 1186 (IAFF); Vallejo Police Officers Association (VPOA); International Brotherhood of Electrical Workers, Local 1245 (IBEW); Confidential, Administrative and Managerial Professionals (CAMP); and Unrepresented Employees: Executive Management Group. C. Conference with Real Property Negotiators pursuant to Government Code Section Property: the parcels generally known as "North Mare Island" including APNS (1) , (2) and (3) ; City Negotiators: Daniel E. Keen, City Manager; and Andrea Ouse, Community & Economic Development Director; Negotiating Parties: FF LLC, a California Liability Company; Under Negotiations: Price and Terms of Payment 4. ADJOURNMENT The meeting adjourned at 6:41 p.m. Special City Council Meeting Minutes October 25, 2016 Page 1 8 of 102

9 OSBY DAVIS, MAYOR ATTEST: DAWN G. ABRAHAMSON CITY CLERK Special City Council Meeting Minutes October 25, 2016 Page 2 9 of 102

10 VALLEJO CITY COUNCIL REGULAR MEETING MINUTES COUNCIL CHAMBERS OCTOBER 25, 2016 Consent A 1. CALL TO ORDER The meeting was called to order at 7:00 p.m. by Mayor Davis. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present: Mayor Davis, Vice Mayor Verder-Aliga, Councilmembers Dew-Costa, McConnell, Miessner, and Sampayan Absent: Councilmember Malgapo Staff present: City Manager Keen, City Attorney Quintana and City Clerk Abrahamson 4. PRESENTATIONS AND COMMENDATIONS None. 5. FIRST COMMUNITY FORUM Speakers: Gordon Keiser, Cristie Love, and Ryan Messano. 6. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS Speakers: None. 7. CONSENT CALENDAR AND APPROVAL OF AGENDA Action: Moved by Vice Mayor Verder-Aliga and adopted by unanimous vote of the Council present, unless otherwise noted, approval of the Agenda and the Consent Calendar with the removal of Item E from the Consent Calendar becoming Item 7.1 and the removal of Item F from the Consent Calendar to be heard and considered as part of Action Item 8C. (Absent-Malgapo). A. APPROVAL OF MINUTES Recommendation: By motion, approve City Council minutes for the meetings of 1) October 11, 2016 (special) and 2) October 11, 2016 (regular). Contact: Dawn G. Abrahamson, City Clerk (707) dawn.abrahamson@cityofvallejo.net Action: Approved minutes. B. PAYMENT OF CLAIMS - SEPTEMBER 2016 Recommendation: By motion, ratify the payment of claims totaling $5,824, for the period September 1, 2016, through September 30, Regular City Council Meeting Minutes October 25, 2016 Page 1 10 of 102

11 Contact: Ron Millard, Finance Director, (707) Action: Ratified payment of claims. C. ADOPT A RESOLUTION AWARDING CONSTRUCTION CONTRACT TO R & R MAHER CONSTRUCTION COMPANY, INC., FOR CDBG WINCHESTER STREET CONCRETE REHABILITATION PROJECT IN THE AMOUNT OF $307,094 Recommendation: Adopt a Resolution approving the project plans and specifications for the CDBG Winchester Street Concrete Rehabilitation Project, and authorizing the City Manager to execute a construction contract in the amount of $307,094 to R & R Maher Construction Company, Inc., of Vallejo, CA as the lowest responsive and responsible bidder, in accordance with the approved plans and specifications. Contact: David A. Kleinschmidt, Public Works Director, (707) david.kleinschmidt@cityofvallejo.net Action: Adopted Resolution No N.C. D. AUTHORIZE THE CITY MANAGER TO EXECUTE A PURCHASE AGREEMENT IN THE AMOUNT OF $155, FOR THE PURCHASE AND INSTALLATION OF PUBLIC SAFETY RADIO EQUIPMENT, PURSUANT TO THE SOLE SOURCE EXCEPTION TO COMPETITIVE BIDDING Recommendation: Authorize the City Manager to sign a purchase agreement in the amount of $155, for the purchase and installation of public safety radio equipment from Day Wireless, as a sole source exception to competitive bidding pursuant to VMC (A)(3). Contact: Gregory Taylor, Chief Information Officer, (707) gregory.taylor@cityofvallejo.net Action: Authorized City Manager to sign a purchase agreement in the amount of $155, for purchase and installation of public safety radio equipment from Day Wireless as a sole source exception to competitive bidding pursuant to VMC (A)(3). E. ADOPT A RESOLUTION EXPRESSING THE CITY OF VALLEJO'S SUPPORT IN RECOGNIZING OCTOBER AS NATIONAL BULLYING PREVENTION MONTH Recommendation: Adopt a resolution expressing the City of Vallejo's support in recognizing October as National Bullying Prevention Month. Contact: Councilmember McConnell, (707) Robert.McConnell@cityofvallejo.net Regular City Council Meeting Minutes October 25, 2016 Page 2 11 of 102

12 Action: this item was removed from the Consent Calendar in order to allow Mayor Davis to present the resolution to Vallejo City Unified School District Boardmember Worel. Moved by Mayor Davis and carried unanimously by Councilmembers present to adopt Resolution No N.C. (Absent-Malgapo). F. ADOPT A RESOLUTION RATIFYING AND APPROVING THE IMPLEMENTATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245, AFL-CIO REGARDING ALTERNATIVE RETIREMENT HEALTH SAVINGS PROGRAMS FOR ELIGIBLE RETIREE ANNUITANTS Recommendation: Adopt a resolution to ratify and approve the implementation of the Side Letter of Agreement ("SLA") between the City of Vallejo ("City") and the International Brotherhood of Electrical Workers, Local 1245, AFL-CIO (IBEW) regarding alternative retirement health savings programs for eligible retiree annuitants. Contact: Jasmin Loi, Human Resources Director, (707) jasmin.loi@cityofvallejo.net Action: this item was removed from the Consent Calendar and considered as part of Action 8B. Moved by Mayor Davis and carried unanimously by Councilmembers present to adopt Resolution No N.C. (Absent-Malgapo). G. SECOND READING AND ADOPTION OF AN ORDINANCE AMENDING SECTION OF THE VALLEJO MUNICIPAL CODE REGARDING ADMINISTRATION OF OFFICIAL SALARY PLAN INVOLVING CHANGE IN PAY WHEN EMPLOYEES PROMOTE 8. ACTION CALENDAR Recommendation: By motion, hold second reading and adopt an Ordinance amending Section of the Vallejo Municipal Code to reflect that when an employee is promoted, the employee shall be placed at step one of the new salary range, or placed at that salary step which is a minimum five percent salary increase for the employee, whichever is the greater, not to exceed the top step of the new salary range. Contact: Jasmin Loi, Human Resources Director (707) Jasmin.Loi@cityofvallejo.net Action: Conducted second reading and adopted Ordinance No N.C. (2d). Regular City Council Meeting Minutes October 25, 2016 Page 3 12 of 102

13 A. PUBLIC HEARING AND ADOPTION OF A RESOLUTION APPROVING THE 2015 URBAN WATER MANAGEMENT PLAN Recommendation: Hold the Public Hearing and take public input, and adopt a Resolution approving and adopting the 2015 Urban Water Management Plan (UWMP), which includes the Water Shortage Contingency Plan and Year 2020 Water Use Target, as prepared or as modified after the hearing as directed by the City Council. Contact: David A. Kleinschmidt, Public Works Director, (707) David.Kleinschmidt@cityofvallejo.net Acting Assistant Water Division Manager Strykers provided an overview of the staff report and outlined the Plan s major topics. Mayor Davis opened the public hearing. Speakers: Christie Love, Doug Darling and Paula Tuziak. There being no further speakers, Mayor Davis closed the public hearing. Staff responded to questions from Councilmembers. Councilmembers provided comment. Action: Moved by Mayor Davis and carried unanimously by Councilmembers present, adopted Resolution No N.C. with the request that staff be cognizant of comments provided (Absent-Malgapo). B. ADOPT THREE RESOLUTIONS IMPLEMENTING THE RETIREE HEALTH SECURITY PLAN (RHSP) BENEFIT FOR THE IBEW BARGAINING UNIT: 1) AUTHORIZING THE CITY MANAGER TO EXECUTE A PARTICIPATION AGREEMENT ; 2) FIXING THE EMPLOYER S CONTRIBUTION FOR IBEW EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES MEDICAL AND HOSPITAL CARE ACT (P.E.M.H.C.A) AND 3) MODIFYING THE MECHANISM TO PAY RETIREES A $300 PER MONTH MEDICAL BENEFIT. Recommendation: Adopt the following attached resolutions: Regular City Council Meeting Minutes October 25, 2016 Page 4 13 of 102

14 1. Authorizing the City Manager to execute a Participation Agreement between the City of Vallejo and the Operating Engineers Local Union No. 3 Public Employees and Miscellaneous Health and Welfare Trust ( Trust ), and all other necessary documents, to allow eligible members of the International Brotherhood of Electrical Workers, Local 1245, AFL- CIO ( IBEW ) to participate in the Trust s Retiree Health Security Plan ( RHSP ). 2. Under the Public Employees Medical and Hospital Care Act ( PEMHCA ) only with respect to members of the bargaining unit represented by IBEW, fixing the City s contribution for employees and the City s contribution for annuitants. 3. Modifying the mechanism to pay the $300 medical benefit to retired annuitants. Contact: Jasmin Loi, Human Resources Director (707) Jasmin.Loi@cityofvallejo.net This item was considered in conjunction with Consent Calendar Item 6F. Personnel Analyst II Peavey provided an overview of the staff report associated with Consent Calendar Item 6F and outlined the recommendation. Action associated with Consent Calendar Item 6F is reflected in the minutes under the Consent Calendar. Human Resources Director Loi provided an overview of the staff report for Action Item 8B and outlined the recommendations. Speakers: None. Action: Moved by Mayor Davis and carried unanimously by Councilmembers present to adopt Resolution No N.C., a resolution authorizing the City Manager to execute a Participation Agreement between the City of Vallejo and the Operating Engineers Local Union No. 3 Public Employees and Miscellaneous Health and Welfare Trust, and all other necessary documents, to allow eligible members of the International Brotherhood of Electrical Workers, Local 1245, AFL-CIO (IBEW) to participate in the Trust s Retirees Health Security Plan (RHSP) (Absent-Malgapo). Moved by Mayor Davis and carried unanimously by Councilmembers present to adopt Resolution No N.C., a resolution fixing the employer s contribution for IBEW employees (Absent-Malgapo). Moved by Mayor Davis and carried unanimously by Councilmembers present to adopt Resolution No N.C., a resolution modifying the mechanism to Regular City Council Meeting Minutes October 25, 2016 Page 5 14 of 102

15 pay the $300 medical benefit to retired annuitants (Absent-Malgapo). 9. INFORMATION CALENDAR None. 10. CITY MANAGER S REPORT City Manager Keen reminded the Council and the community about the Council meeting schedule for the months of November and December with regular meetings occurring on November 1 and 15 and December 13 and CITY ATTORNEY S REPORT A. QUARTERLY REPORT FOR FISCAL YEAR 2016/2017, FIRST QUARTER (JULY 1 THROUGH SEPTEMBER 30, 2016) 12. COMMUNITY FORUM Recommendation: Informational item only. No action is required. Contact: Claudia Quintana, City Attorney (707) Claudia.Quintana@cityofvallejo.net Speakers: None. 13. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various meetings and community events attended. 14. CLOSED SESSION None. 15. ADJOURNMENT The meeting adjourned at 8:31 p.m. OSBY DAVIS, MAYOR ATTEST: DAWN G. ABRAHAMSON CITY CLERK Regular City Council Meeting Minutes October 25, 2016 Page 6 15 of 102

16 ACTION ITEM 8.A. DATE: November 1, 2016 TO: FROM: SUBJECT: Mayor and Members of the City Council David A. Kleinschmidt, Public Works Director Jill Mercurio, Interim Asst. Public Works Director Water PUBLIC HEARING AND ADOPTION OF RESOLUTION RECEIVING AND ACKNOWLEDGING COMMENTS FROM THE PUBLIC ON THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT AND REFERRING COMMENTS TO THE PUBLIC WORKS WATER DIVISION RECOMMENDATION Hold a Public Hearing, take public input, and adopt a Resolution receiving and acknowledging comments from the public on the Report on Vallejo s Water Quality Relative to Public Health Goals dated July 1, REASONS FOR RECOMMENDATION Staff has prepared a report on Vallejo s drinking water quality relative to public health goals as required under state law. A public hearing must be held to accept and respond to public comment on the report which compares Vallejo s drinking water quality with public health goals (PHGs) adopted by California EPA s Office of Environmental Health Hazard Assessment (OEHHA) and with maximum contaminant level goals (MCLGs) set by the United States Environmental Protection Agency (USEPA). The City of Vallejo s water complies with all state and federal drinking water standards and maximum contaminant levels (MCLs) set to protect public health. BACKGROUND AND DISCUSSION Public water systems serving more than 10,000 service connections must prepare a brief, written report in plain language by July 1, 2016 that gives information on the detection of any contaminants above the Public Health Goals (PHGs) published by the Office of Environmental Health and Hazard Assessment (OEHHA) and maximum contaminant level goals (MCLGs) published by the United States Environmental Protection Agency (USEPA). A public hearing is required to accept and respond to public comment on the report. The Public Health Goals Report 2016 has been available for review in advance of this hearing at the John F. Kennedy Library, reference desk; the Public Works Dept., 4th floor City Hall; and the Water Administration Office, 202 Fleming Hill Road, as well as the City s website. Public Health Goals are not enforceable drinking water standards, but rather they are aspirational targets. These goals are set without consideration to aspects such as available treatment technology, cost, public benefit and other practical factors that are used by regulatory agencies to set enforceable drinking water standards. For certain water constituents, these PHGs and MCLGs go beyond, and in some cases well beyond, the maximum contaminant levels (MCLs) as well as regulated and enforceable standards. 16 of 102

17 Date: November 1, 2016 Subject: PUBLIC HEARING AND ADOPTION OF RESOLUTION RECEIVING AND ACKNOWLEDGING COMMENTS FROM THE PUBLIC ON THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT AND REFERRING COMMENTS TO THE PUBLIC WORKS WATER DIVISION Page 2 The triennial report for the City of Vallejo drinking water system, covering 2013 through 2015, is attached. The City water system met or exceeded performance levels for all PHGs and MCLGs but for five types of constituents during the prior three years. The five constituents were: Coliform Bacteria (Total), Fluoride, Bromate, and Radium Radium Additional details on each constituent is provided below. Coliform bacteria The public health goal of zero was exceeded for coliform bacteria. The coliform results are typically very low, if not zero, and well within the drinking water standards. The highest coliform presence in a single month in the past three years was 1.49% positive, and the allowable standard is 5%. Coliform bacteria are found everywhere in nature and are not generally considered harmful. In addition, the testing procedure for coliform can be expected to periodically produce false positives from air, dust or a variety of other sources. It is not at all unusual for a system to have an occasional positive sample. The plan continues to use best management practices which include continuing the cross-connection control program, maintaining a chlorine residual throughout the majority of the distribution system, operating a distribution system flushing program and maintaining positive pressures throughout the distribution system. Fluoride The PHG of 1.0 parts per million (ppm) was exceeded for fluoride. The average for was 1.0 ppm. Like many communities, Vallejo adds fluoride to the drinking water to bring concentrations up to the range ppm. As of April 1, 2015, the City of Vallejo acted upon the recommendation from the Department of Health and Human Services (DHHS) to lower the fluoride concentration in drinking water, and now maintains an average 0.7 ppm. The addition of fluoride to maintain an average of 0.7 ppm concentration in the drinking water is the best management practice in place to stay below the 1.0 ppm PHG. Bromate The PHG of 0.1 parts per billion (ppb) was exceeded for bromate. During 2013, 2014 and 2015, compliance monitoring of the drinking water showed a range of ppb. This is well below the 10.0 ppb MCL, but at times does exceed the PHG of 0.1 ppb. The best available technology for reducing bromate levels below the PHG is control or elimination of ozone treatment at the Fleming Hill Water Treatment Plant. However, removing ozone treatment is highly undesirable. Ozone treatment removes cryptosporidium and viruses as well as improves the water s taste; outweighing the minimal amount of bromate in the water. 17 of 102

18 Date: November 1, 2016 Subject: PUBLIC HEARING AND ADOPTION OF RESOLUTION RECEIVING AND ACKNOWLEDGING COMMENTS FROM THE PUBLIC ON THE CITY OF VALLEJO DRINKING WATER PUBLIC HEALTH GOALS REPORT AND REFERRING COMMENTS TO THE PUBLIC WORKS WATER DIVISION Page 3 Radium Radium-228 The public health goal of radium-226 of 0.05 picocuries/liter (pci/l) and radium-228 of pci/l was exceeded for radium radium-228. During 2013 compliance monitoring, results for radium-226 was 0.39 pci/l and radium-228 was 1.78 pci/l. Results were below the MCL but above the PHG. The best available technology for reducing combined radium-226 and radium-228 have been identified as Ion exchange, reverse osmosis and lime softening. The next round of required monitoring is set for FISCAL IMPACT There are no proposed new actions to be undertaken, therefore there is no fiscal impact. ENVIRONMENTAL REVIEW This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section because it is data gathering, and Section because it is an action taken by a regulatory agency as authorized by state or local ordinance for the protection of the environment. ATTACHMENTS 1. Resolution 2. City of Vallejo Drinking Water Public Health Goals Report 2016 CONTACT David A. Kleinschmidt, Public Works Director, (707) David.Kleinschmidt@cityofvallejo.net 18 of 102

19 RESOLUTION NO N.C. WHEREAS, the City has prepared a report on Vallejo s water quality relative to public health goals by July 1, 2016, as required under state law at California Health & Safety Code Section (b); and WHEREAS, the Public Health Goals Report 2016 was available for public review at three Vallejo locations and on the City s website; and WHEREAS, the public has been provided an opportunity to comment on the report. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Vallejo accepts and acknowledges comments from the public on the Report on Vallejo s Water Quality Relative to Public Health Goals dated July 1, of 102

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81 ACTION ITEM 8.B. DATE: November 1, 2016 TO: FROM: SUBJECT: Mayor and Members of the City Council Daniel E. Keen, City Manager Joanna Altman, Assistant to the City Manager INTRODUCE AN ORDINANCE AMENDING CHAPTER REGARDING MEDICAL MARIJUANA DISPENSARY REQUIREMENTS, CULTIVATION AND DELIVERY, AND PROVIDE DIRECTION TO STAFF REGARDING A ZONING AMENDMENT ALLOWING THOSE USES RECOMMENDATION It is recommended that the City Council consider two actions: 1. Hold on First Reading an Ordinance Amending Vallejo Municipal Code (VMC) to add requirements for medical marijuana dispensaries and to regulate limited onsite cultivation and delivery of medical marijuana; and/or 2. Provide direction to staff to return with amendments to the zoning code allowing a permitting process for medical marijuana dispensaries, cultivation, delivery and manufacturing. REASONS FOR RECOMMENDATION The City Council directed staff to return with a recommendation that would allow limited onsite cultivation and delivery operations of medical marijuana. Although Vallejo's zoning code does not currently permit medical marijuana dispensaries, Chapter provides limited immunity from civil land-use prosecution to medical marijuana dispensaries (MMD) that meet specific requirements and comply with specified operating conditions. The ordinance equipped the City with the ability to enforce and close down MMDs that are noncompliant, which has proven successful. The proposed amendments to Chapter respond to City Council's earlier direction regarding cultivation and delivery. Staff seeks direction regarding amendments to the zoning code that would establish locational, operational and permitting criteria for medical marijuana dispensing, cultivation, manufacturing and delivery. BACKGROUND AND DISCUSSION On July 28, 2015, the City Council adopted an ordinance adding Chapter to the VMC pertaining to requirements for limited immunity for medical marijuana dispensaries. In October 2015, the state legislature adopted the Medical Marijuana Regulation & Safety Act. The Act protects local control and taxing of medical marijuana activity while establishing statewide regulations. 81 of 102

82 Date: November 1, 2016 Subject: INTRODUCE AN ORDINANCE AMENDING CHAPTER REGARDING MEDICAL MARIJUANA DISPENSARY REQUIREMENTS, CULTIVATION AND DELIVERY, AND PROVIDE DIRECTION TO STAFF REGARDING A ZONING AMENDMENT ALLOWING THOSE USES Page 2 An ad hoc Medical Marijuana and Stakeholder and Expert Group (MMSEG) representing the MMD industry, patients and the greater Vallejo community was appointed by City Council earlier this year to provide input to staff about community concerns and patient desires related to cultivation, manufacturing, delivery and testing of marijuana. MMSEG meetings were noticed and open to the public consistent with the Brown Act. The recommendations that were developed aim to protect neighborhoods and the surrounding environment, while ensuring that there is an appropriate supply of medical marijuana for qualified patients. In addition, staff spent additional time researching the industry, state laws and other local regulations, touring dispensaries and attending workshops, meeting with City staff and experts, and reviewing comments from hundreds of residents and stakeholders on Open City Hall. Staff also consulted with a firm that focuses on the marijuana industry. The amendments to Chapter in the attached ordinance are the recommendations of staff as a result of the input and research. Additionally, in light of the statewide regulatory framework established by the legislature and the success of local enforcement of Chapter to close down non-immune dispensaries, staff recommends the City Council now consider providing direction to staff to draft amendments to Title 16, the City s Zoning Code. Recommendations would establish a permitting process and development standards for medical marijuana dispensaries, and cultivation, delivery and manufacturing of medical marijuana. Amendments to VMC Currently, VMC provides non-specific language that would allow dispensaries to engage in limited cultivation of Marijuana subject to regulations developed by staff and adopted by City Council resolution at a later date. Staff recommends the City Council consider an ordinance amending VMC to provide clear and specific parameters for limited onsite cultivation of medical marijuana, allow delivery of medical marijuana, and contains slight modifications to the existing dispensing ordinance. The following are key amendments that are being recommended to the City Council for consideration: Dispensing Additional security provisions, including perimeter lighting, camera systems capable of recording externally and internally, minimum 30-day offsite storage, and law enforcement access to footage, and the requirement to contact if the system is triggered. Contain garbage and recycle bins within a locked structure to prevent unauthorized entry. Prohibits advertising under names other than that which is stated on the business license associated with the MMD. One time expansion of no more than 50% of the building footprint is allowed. Additional signage requirements. Cultivation 82 of 102

83 Date: November 1, 2016 Subject: INTRODUCE AN ORDINANCE AMENDING CHAPTER REGARDING MEDICAL MARIJUANA DISPENSARY REQUIREMENTS, CULTIVATION AND DELIVERY, AND PROVIDE DIRECTION TO STAFF REGARDING A ZONING AMENDMENT ALLOWING THOSE USES Page 3 MMDs with limited immunity may conduct cultivation operations onsite and indoors, restricted to fifty percent (50%) of the gross floor area of the dispensary. No cultivation or related operations shall be visible from outside the MMD. All cultivated marijuana must be tested and results demonstrate that it is safe for consumption, and waste properly disposed of in accordance with state laws and regulations. Delivery MMDs with limited immunity may deliver medical marijuana. Plans required for worker and patient safety and security, including procedures for patient identification, and a theft prevention plan. Workers shall also maintain a copy of the City s current letter of limited immunity and receipt of patient delivery request to be provided to law enforcement if needed. Marijuana must be pre-packaged onsite through the approved point of sale (POS) system. Prohibits delivery under names other than that which the MMD currently does business. Requirements and Proof of Compliance MMDs would submit to the City plans that demonstrate compliance with cultivation and delivery conditions. Annually, MMDs would be responsible for submitting updates or revisions upon application to renew the tax certificate, as it the current case for dispensing. Direction to Amend Title 16 Staff seeks direction from the City Council to amend the City s zoning code to explicitly permit medical marijuana dispensing, cultivation, delivery, and manufacturing. The evolution of the medical marijuana industry in California, but more specifically in Vallejo, has created a local need to establish clearly defined permitting process and development standards to regulate medical marijuana operations. Providing land use and permitting authority for the regulation of MMDs will allow for community input and regulatory oversight of existing and future dispensaries with respect to location, operations, landscaping, parking, lighting and signage. Currently, MMDs are not "allowed" as a permitted land use in the zoning code, and therefore, typical development standards that would apply to other commercial or medical uses, such as signage, parking, and landscaping are not enforceable for MMDs under the zoning code. The existing ordinance allows for the grant of local limited immunity upon ascertainment that certain requirements are met. As the City is poised to adopt a Development Code in early 2017, including a land use regulatory process for MMDs in this upcoming effort would ensure that these uses are developed in a manner consistent with other businesses. As for existing MMDs, Council may direct staff to explore a range of options, including 'grandfathering' them as existing uses, treating them as 'deemed approved' but subject to future operating regulations, or requiring them to comply with the all new regulations (giving them sufficient time to do so). 83 of 102

84 Date: November 1, 2016 Subject: INTRODUCE AN ORDINANCE AMENDING CHAPTER REGARDING MEDICAL MARIJUANA DISPENSARY REQUIREMENTS, CULTIVATION AND DELIVERY, AND PROVIDE DIRECTION TO STAFF REGARDING A ZONING AMENDMENT ALLOWING THOSE USES Page 4 The purpose of the current ordinance has served the City well in both closing down and litigating MMDs that are not in compliance, and equipped the City with the tools to regulate those in compliance. In order to fully legitimize operations in Vallejo, the next steps would include amendments to the zoning code to regulate MMDs as with any other land use. Additionally, the City s ability to legally develop and apply site development standards and permitting requirements would bring equity and clarity to MMD owners, the business community and residents. The MMSEG advised staff on the necessity to have larger scale cultivation and manufacturing that would in turn lower prices for patients, that cutting out the wholesaler for the more commonly used products would make it more affordable for patients. Whether and how state law allows this has yet to be determined. Creating a permitting structure would assist to clearly define what the local standards are when state licensing takes effect. FISCAL IMPACT The fiscal impact of the proposed amendments is uncertain. Measure C tax collections commenced upon their effective date of October 20, 2015, for the period of September 20 through 30, and monthly thereafter, from MMDs complying with Chapter and in possession of a limited immunity letter. In FY , nearly $966,000 was collected from compliant dispensaries. In Fiscal Year , the City is collecting an average of $195,000 in Measure C tax revenue monthly. ENVIRONMENTAL REVIEW Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15301, this action is categorically exempt as a a project which has been determined not to have a significant effect on the environment as it involves no or minimal expansion of existing facilities. ATTACHMENTS 1. ordinance CONTACT Joanna Altman, Assistant to the City Manager, (707) Joanna.Altman@cityofvallejo.net 84 of 102

85 ORDINANCE NO. N.C. (2d) AN ORDINANCE AMENDING SECTION OF THE VALLEJO MUNICIPAL CODE SPECIFYING RESTRICTIONS ON DISPENSING, CULTIVATION AND DELIVERY OF MARIJUANA IN THE CITY OF VALLEJO [Deleted text is shown in strikethrough Added text is shown in bold italic] WHEREAS, on July 28, 2015, the City Council adopted Ordinance No N.C. (2d) adding Chapter to the Vallejo Municipal Code pertaining to limited immunity for medical marijuana dispensaries and repealing Ordinance No N.C. (2d); and WHEREAS, on October 27, 2015, the City Council adopted amendments to Section E of the Vallejo Municipal Code pertaining to the minimum age of employees and volunteers in medical marijuana; and WHEREAS, on March 8, 2016, the City Council established the Medical Marijuana Stakeholder and Expert Group (MMSEG) for City staff to consult with to develop recommended amendments to Chapter for City Council consideration; and WHEREAS, staff has conducted MMSEG meetings in which expert and stakeholder feedback has been heard, researched state law pertaining to the cultivation, delivery and manufacturing of medical marijuana, received community feedback via Open City Hall, and retained a consultant for additional input. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VALLEJO DOES ORDAIN AS FOLLOWS: SECTION 1. Vallejo Municipal Code Chapter Definitions is hereby amended to add: Definitions. The following words or phrases, whenever used in this Chapter, shall be given the following definitions: "City" means the City of Vallejo, and any legislative body granted regulatory authority over medical marijuana dispensary operations by this ordinance. "City Manager" means the city manager of the city of Vallejo or his/her designee. Aoprcved Aoproved as to forrn: E, Claudia Quintana C;/ Attomey 85 of 102

86 Cultivation means the planting, cultivating, growing, harvesting, drying, curing, grading, or trimming of any form of marijuana, except as otherwise provided by law. "Cultivation Area" means the area in use for the cultivation process of marijuana plants (including seedling production, vegetation, and maturation). Delivery means the transfer, conveyance, transport, transportation or distribution of marijuana from a medical marijuana dispensary to a primary caregiver, qualified patient, or testing laboratory outside of the physical building occupied by the medical marijuana dispensary, by any method of transport including driving, walking, bicycling, that serves to deliver requests or orders containing marijuana. Delivery also includes the use by a medical marijuana dispensary of any technology platform owned and controlled by the dispensary to arrange for or facilitate the transfer of marijuana by a medical marijuana dispensary. Manager means a medical marijuana dispensary member with responsibility for the establishment, organization, registration, supervision, or oversight of the operation of a medical marijuana dispensary, including but not limited to members who perform the functions of president, vice president, director, operating officer, financial officer, secretary, treasurer, or manager of the medical marijuana dispensary. Marijuana shall be construed as defined in California Health and Safety Code section and further shall specifically include any product that contains marijuana or a derivative of marijuana, including edibles. Medical Marijuana Dispensary is any collective, cooperative, dispensary or association as described in California Health and Safety Code section that distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the City for medicinal purposes to four (4) or more qualified patients and/or primary caregivers pursuant to California Health and Safety Code sections , et seq. (1) Notwithstanding the above, medical marijuana dispensary does not include: (a) Any dwelling unit where a maximum of three (3) or fewer qualified patients, persons with an identification card, and/or primary caregivers process or associate to collectively or cooperatively cultivate marijuana on-site, with respect to qualified patients and persons with an identification card for their own personal medical use, and with respect to the primary caregivers for the personal medical use of the qualified patients or persons with an identification card who have designated the individual as a primary caregiver, in accordance with California Health and Safety Code sections and et seq.; (b) Any location during only that time reasonably required for a primary caregiver to distribute, deliver, or give away marijuana to a qualified patient or 2 86 of 102

87 person with an identification card who has designated the individual as a primary caregiver, for the personal medical use of the qualified patient or person with an identification card, in accordance with California Health and Safety Code section and et seq.; (c) The location of any clinic licensed pursuant to Chapter 1 (commencing with section 1200), a health care facility licensed pursuant to Chapter 2 (commencing with section 1250), a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with section ), a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with section 1569), a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with section 1725), all of Division 2 of the California Health and Safety Code where: (i) a qualified patient or person with an identification card receives medical care or supportive services, or both, from the clinic, facility, hospice, or home health agency, and (ii) the owner or operator, or one of not more than three employees designated by the owner or operator, of the clinic, facility, hospice, or home health agency has been designated as a primary caregiver pursuant to California Health and Safety Code section (d) by that qualified patient or person with an identification card; or (d) Any vehicle during only that time reasonably required for its use by: (i) a qualified patient or person with an identification card to transport marijuana for his or her personal medical use, or (ii) a primary caregiver to transport, distribute, deliver, or give away marijuana to a qualified patient or person with an identification card who has designated the individual as a primary caregiver, for the personal medical use of the qualified patient or person with an identification card, in accordance with California Health and Safety Code section Member is a patient, manager, or other person who has acquired membership and who participates in the collective, cooperative or dispensary by buying, receiving, distributing, dispensing, storing, exchanging, processing, or delivering marijuana to the medical marijuana dispensary. Property as used in this chapter means the location at which the medical marijuana dispensary members, employees, volunteers or agents distribute marijuana. Testing is the standard analytical methodology by which medical marijuana is tested for the presence of mold, pesticides, and other additives or adulterants that could be harmful if ingested or applied topically. The following words or phrases when used in this section shall be construed as defined in the California Health and Safety Code sections and : attending physician, identification card, primary caregiver, qualified patient of 102

88 SECTION 2. Vallejo Municipal Code Section no authority to permit use in any zone; unlawful to distribute marijuana; unlawful to make false statements ; subsection B is hereby amended to read as follows: No authority to permit use in any zone; unlawful to distribute marijuana; unlawful to make false statements. A. The use of any building, structure, location, premises or land for a medical marijuana dispensary is not currently enumerated in the Vallejo Municipal Code s zoning ordinance as a permitted use in any zone. The medical marijuana dispensary land use is therefore not allowed. So long as this chapter remains in effect, the planning manager shall not have the authority to determine that the use of any building, structure, location, premise or land as a medical marijuana dispensary may be permitted in any zone, or to grant any variance authorizing any medical marijuana dispensary. Both primary and accessory medical marijuana dispensary uses are included in this prohibition. B. It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution, delivery, exchange or giving away of marijuana or products containing marijuana in any form, for medical or non-medical purposes except as provided in this chapter, and pursuant to any and all other applicable local and state law. The prohibition includes renting, leasing, or otherwise permitting a medical marijuana dispensary to occupy or use a location, vehicle, or other mode of transportation. C. It is unlawful for any person knowingly to make any false, misleading or inaccurate statement or representation in any form, record, filing or documentation required to be maintained, filed or provided to the City under this chapter or any applicable section of the Vallejo Municipal Code. A violation of this subsection may be prosecuted as a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both. SECTION 3. Vallejo Municipal Code Section Prohibited activity is hereby amended to read as follows: prohibited activity. A. No medical marijuana dispensary or manager shall cause or permit the sale, distribution or exchange of medical marijuana or of any edible medical marijuana product manufactured, processed, prepared, or packaged at the property to any person who is not a member or a manager of the permitted medical marijuana dispensary. B. There shall be limited no cultivation of marijuana except as provided in this chapter subject to regulations developed by staff and approved by City Council resolution at a later date. C. No manufacture of concentrated cannabis in violation of California Health and Safety Code section is allowed of 102

89 D. No medical marijuana dispensary shall be open to dispense, load or unload provide marijuana, in any form, to anyone between the hours of eight o'clock (8:00) p.m. and nine o'clock (9:00) a.m. E. No person under the age of eighteen (18) shall be employed by or allowed to volunteer at the medical marijuana dispensary, or allowed on the property, unless that minor is a Qualified Patient and is accompanied by his or her licensed attending physician, parent(s) or documented legal guardian. F. No Medical marijuana dispensary shall possess marijuana that was not cultivated by its managers or members. G. No medical marijuana dispensary, manager or member shall cause or permit the sale, dispensing, or consumption of alcoholic beverages, or any controlled substance, on the property or in the parking area of the Property. H. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive-through service are allowed. I. No medical marijuana dispensary, manager or member shall cause or permit the use, inhalation, smoking, eating, ingestion, or otherwise consumption of marijuana on the property, including the parking areas of the property. J. There shall be no delivery of marijuana except as provided in this chapter. SECTION 4. Vallejo Municipal Code Section requirements and proof of compliance is hereby amended to add: requirements and proof of compliance. No medical marijuana dispensary, manager or person shall carry on, maintain or conduct any medical marijuana dispensary related operations, including retail or wholesale sales of marijuana or preparing, giving away or distributing edible marijuana products unless all requirements in sections are met. The City Manager is authorized to determine that a requirement is met when a medical marijuana dispensary demonstrates circumstances beyond its control. A. Any medical marijuana dispensary seeking to pay marijuana business tax and receive limited immunity from prosecution shall submit to the City Manager or designee the following on or before September 20, A tax certificate issued by the City to the dispensary before April 23, Evidence that the medical marijuana dispensary operated prior to April 23, of 102

90 3. Evidence demonstrating the medical marijuana dispensary paid quarterly taxes from the date of opening until the City ceased accepting tax in February The address of the property where the medical marijuana dispensary is operating. 5. Evidence that the site of the medical marijuana dispensary complies with the location requirement of section The name, street address, telephone number, title and function(s) of each manager. For each manager, a fully legible copy of one (1) valid governmentissued form of photo identification, such as a driver's license. 7. No person who is currently charged with or has been convicted within the previous ten (10) years of a crime of moral turpitude (such as theft, fraud, or assault), or who is currently on parole or probation for crimes involving the sale or distribution of any controlled substance, shall be engaged directly or indirectly in the management of the medical marijuana dispensary nor, further, shall manage or handle the receipts and expenses of the collective. For each Manager, submit a summary criminal history ("LiveScan") prepared not more than two (2) weeks prior to the date of submission and demonstrating that there are no pending charges or convictions for any crime (including, without limitation, theft, fraud, or assault) within the previous 10 years, and that the subject is not currently on parole or probation for the sale or distribution of a controlled substance. 8. Either (a) if the medical marijuana dispensary is incorporated, a certified copy of Secretary of State Articles of Incorporation, Certificate(s) of Amendment, Statement(s) of Information and a copy of the medical marijuana dispensary s bylaws demonstrating that the medical marijuana dispensary is organized as a nonprofit entity; or (b) if the medical marijuana dispensary is unincorporated, a copy of the medical marijuana dispensary's notarized creating document demonstrating that the medical marijuana dispensary is organized as a non-profit entity. A creating document may include articles of association, bylaws, constitution, or other documents that set forth how the medical marijuana dispensary will operate. 9. A seller's permit from the California Board of Equalization. 10. The name and address of the applicant's current agent for service of process. 11. A copy of the medical marijuana dispensary s operating conditions, containing a statement dated and signed by each Manager, under penalty of perjury, he or she has read, understands and shall ensure compliance with all operating conditions. 12. A copy of the prohibited activity checklist, available from the City containing a statement dated and signed by each manager, under penalty of perjury, that he or she has read, understands and shall ensure that neither the medical marijuana dispensary nor its members and managers shall engage in the prohibited activity. 13. A statement of whether edible medical marijuana is prepared at the proposed property and, if so, evidence of approval from Solano County Department of Resource Management of 102

91 14. No medical marijuana dispensary owner shall own and operate more than one medical marijuana dispensary in Vallejo. B. Annually with the application to renew the tax certificate the medical marijuana dispensary shall submit any updates to or revisions to the information in subsection A., and if applicable, the information in Sections and SECTION 5. There is hereby added to Vallejo Municipal Code Chapter a Section requirements and proof of compliance cultivation; which is to read as follows: requirements and proof of compliance cultivation A. No medical marijuana dispensary, manager or person shall carry on, maintain or conduct cultivation operations, unless all applicable requirements in this ordinance have been met. B. Only medical marijuana dispensaries that have received a grant of limited immunity pursuant to section may undertake cultivation operations. C. Any medical marijuana dispensary seeking to cultivate marijuana onsite shall submit to the City Manager or designee the following: 1. Description of process for marijuana testing. 2. A floor plan of the medical marijuana dispensary including the size and use of all areas, such as waiting room, dispensing area, storage, cultivation, and office. 3. A plan which demonstrates proper marijuana waste disposal. SECTION 6. There is hereby added to Vallejo Municipal Code Chapter a Section requirements and proof of compliance delivery; which is to read as follows: requirements and proof of compliance delivery A. No medical marijuana dispensary, manager or person shall carry on, maintain or conduct delivery operations, unless all applicable requirements have been met. B. Only medical marijuana dispensaries that have received a grant of limited immunity pursuant to section may undertake delivery operations. C. Any medical marijuana dispensary seeking to deliver marijuana in the City of Vallejo shall submit to the City Manager or designee the following: 7 91 of 102

92 1. Description of process for delivery. a. Plans for security and worker safety. b. Point of sale tracking system and non-diversion procedure. SECTION 7. Vallejo Municipal Code Section Operating Conditions is hereby amended to read as follows: Operating Conditions. A medical marijuana dispensary must have a prohibited activity checklist acknowledging each prohibited activity set forth in section , to be signed by each Manager, with an obligation to refrain from such activity. In addition, each medical marijuana dispensary shall continually operate in accordance with all of the following conditions of operation, provided that additional conditions may be imposed by the City as necessary to preserve the public health, safety, and welfare: A. The Property satisfies all location requirements as set forth in this chapter. B. All taxes and fees paid to the City are current. C. The Property complies with all applicable Building and Fire Code provisions, the Property Maintenance Ordinance, and the Property is maintained free of debris, litter and trash. D. The Property provides a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the medical marijuana dispensary. E. No medical marijuana dispensary shall operate for profit. All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented. F. The medical marijuana dispensary must have a security plan including procedures for verifying identification of Qualified Patients and Primary Caregivers both before entering the collective and again before receiving medical marijuana; a description of the physical presence of licensed and uniformed security guards required to be present including their number, location and specific hours on site; and a theft prevention plan which includes locked exterior doors and windows during the times the business is closed; perimeter lighting system; interior and exterior camera system recording and monitoring access points from the interior, and within any areas containing a security safe and Cultivation operations; recordings maintained for a period of not less than 30 days stored digitally via a cloud-based or off-site storage system; law enforcement access to recorded data upon request; and an alarm system with remote monitoring and a requirement to call if the system is triggered of 102

93 G. Demonstrate that outdoor waste and recycle bins are contained within a locked structure so as to prevent unauthorized entry and is screened. H. Signage displayed inside the medical marijuana dispensary prohibiting use of marijuana in or around the medical marijuana dispensary. I. A medical marijuana dispensary may only advertise and dispense marijuana under the name of the medical marijuana dispensary. SECTION 8. There is hereby added to Vallejo Municipal Code Chapter a Section Operating Conditions Cultivation; which is to read as follows: Operating Conditions Cultivation Medical marijuana dispensaries engaging in cultivation shall submit the required proof of compliance as set forth in subsection , and shall continually operate in accordance with all of the following conditions of operation, provided that additional conditions may be imposed by the City as necessary to preserve the public health, safety, and welfare: A. Prior to dispensing marijuana that it cultivates, the medical marijuana dispensary shall have the marijuana tested. The marijuana shall not be dispensed before laboratory results demonstrate that it is safe for consumption. Results shall be furnished upon request. B. The cultivation area shall be restricted to a maximum of fifty percent (50%) of the total gross floor area of the medical marijuana dispensary. C. All cultivation must be done indoors and within the building occupied by the medical marijuana dispensary. D. No cultivation, including cultivation-related lighting, shall be visible with normal unaided vision from any public or other private property, or from the building exterior. E. The cultivation area complies with all applicable Building and Fire Code Provisions. F. Waste from cultivation must be properly disposed in accordance with State law and regulations. SECTION 9. There is hereby added to Vallejo Municipal Code Chapter a Section Operating Conditions Delivery; which is to read as follows: Operating Conditions Delivery Medical marijuana dispensaries engaging in delivery shall submit the required proof of compliance as set forth in subsection , and shall continually operate in 9 93 of 102

94 accordance with all of the following conditions of operation, provided that additional conditions may be imposed by the City as necessary to preserve the public health, safety, and welfare: A. Plans for security and worker safety. The medical marijuana dispensary must have a security plan including procedures for verifying identification of qualified patients, persons with identification cards, and primary caregivers, a description of the delivery procedure, method for ensuring worker and patient safety, and a theft prevention plan. B. All marijuana must be pre-packaged at the medical marijuana dispensary, processed in the approved point of sale system, concealed in non-transparent packaging containing the receipt of purchase and qualified patient, person with identification card, or primary caregiver name, street address, and delivery address. During delivery, the medical marijuana dispensary employee shall maintain a physical copy of the delivery request and shall make it available upon request to law enforcement officers. C. All employees of a medical marijuana dispensary delivering marijuana shall possess employee identification including name and photo, and a copy of the medical marijuana dispensary s current letter of limited immunity referencing delivery operations. D. A medical marijuana dispensary may only deliver marijuana under its own name as provided to the city, and as reflected in the letter of immunity. No more than one name may be provided to the city per medical marijuana dispensary. SECTION 10. Vallejo Municipal Code Section Prohibition against transfer, subleasing, or relocation is hereby amended to read as follows: Prohibition against transfer, subleasing or relocation. A. No medical marijuana dispensary may be that is sold or transferred will receive limited immunity. Transfer is a change in principals, assignment of lease or sale of business asset other than a Marijuana product. B. Any relocation or expansion that includes a separate piece of property or parcel of land shall be deemed an unauthorized change in location, Eexcept for a relocation allowed under section , no medical marijuana dispensary shall relocate. The following shall be deemed an unauthorized change in location 1. Any relocation or expansion that includes a separate piece of property or parcel of land. 2. Any expansion of the property which represents a greater than fifty (50) percent increase in the square footage of occupancy or in the square footage that is open to the public of 102

95 C. A medical marijuana dispensary may submit appropriate permits to expand the gross floor area of its operations in an amount not greater than fifty (50) percent of the gross floor area of the building referenced in the dispensary s application for limited immunity. No more than one expansion is allowed. D. No medical marijuana dispensary may sublease space for any marijuana operation. E. In the event a medical marijuana dispensary transfers, subleases or relocates, that medical marijuana dispensary will lose its eligibility for, and the actual grant of limited immunity. SECTION 11. Vallejo Municipal Code Section Maintenance of Records is hereby amended to read as follows: Maintenance of Records. A. A medical marijuana dispensary shall maintain the following accurate and truthful records on the Property: 1. The full name, address, and telephone number(s) of the owner, landlord and/or lessee of the property. 2. The full name, address, and telephone number(s) of each manager and the exact nature of the participation in the management of the medical marijuana dispensary. 3. The full name, address, and telephone number(s) of each medical marijuana dispensary member and manager who participates in the collective cultivation of marijuana. 4. The current address of all sites at which marijuana is cultivated on behalf of the medical marijuana dispensary. 5. The full name, date of birth, residential address, and telephone number(s) of each medical marijuana dispensary member and manager; the date each joined; the exact nature of each member's and manager's participation in the medical marijuana dispensary; and the status of each member and manager as a qualified patient or primary caregiver. 6. A written accounting of all cash and in-kind contributions, reimbursements, and compensation provided by or to the managers and members to or from the medical marijuana dispensary, and all expenditures and costs incurred by the medical marijuana dispensary. 7. An inventory record documenting the dates and amounts of Marijuana stored on the property. 8. Copies of the prohibited activity checklist containing a statement dated and signed by each medical marijuana dispensary member and manager, under penalty of perjury, that he or she has read, understands and shall not engage in the prohibited activity. 9. An electronic inventory record extracted from the point of sale system documenting the date(s) and amount(s) of marijuana cultivated of 102

96 10. An electronic record containing the full name, street address, delivery address, telephone number, delivery date(s) and itemized receipt of Marijuana delivered from the medical marijuana dispensary to a member. B. These records shall be maintained by the medical marijuana dispensary for a period of five (5) years and shall be made available by the collective to the City upon request, subject to the authority set forth in section SECTION 12. Vallejo Municipal Code Section Enforcement is hereby amended to read as follows: Enforcement. A. Any person violating any provision of this chapter or misrepresenting any material fact in demonstrating compliance with requirements for limited immunity shall be deemed guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than twelve (12) months, or by both such fine and imprisonment. B. As a nuisance per se, any violation of this chapter shall be subject to injunctive relief, revocation of the certificate of occupancy for the property, disgorgement and payment to the City of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The City may also pursue any and all remedies and actions available and applicable under local and state law for any violation committed by the Medical Marijuana Dispensary, its Managers, members or any person related or associated with the Medical Marijuana Dispensary. C. Any violation of the terms and conditions of the medical marijuana dispensary, of or any applicable requirements under this chapter, shall be grounds for loss of immunity. SECTION 13. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all provisions hereof, irrespective of the fact one or more provisions may be declared invalid. SECTION 14. EFFECTIVE DATE This Ordinance shall take effect and be in full force and effect from and after thirty (30) days after its final passage. FIRST READ at a regular meeting of the Council of the City of Vallejo held on the 1st day of November 2016: of 102

97 AYES: NOES: ABSTAIN: ABSENT: of 102

98 ACTION ITEM 8.C. DATE: November 1, 2016 TO: FROM: SUBJECT: Mayor and Members of the City Council Andrea Ouse, Community and Economic Development Director Dina Tasini, Planning Manager CONSIDER A REQUEST FOR A WAIVER OF PERMIT COSTS ASSOCIATED WITH SITING, PERMITTING, INSPECTION AND INSTALLATION OF THE "SOMA" TEMPORARY ART PROJECT RECOMMENDATION To consider request, and by motion, choose one of the following: 1) Deny the fee waiver; 2) Grant waiver of 50% of the fees; or 3) Grant a complete waiver of the full amount of the fees, making findings that such waiver benefits the public, as explained in the staff report. REASONS FOR RECOMMENDATION Staff is poised to consider at least three art projects in the downtown and waterfront areas, and similar (if not identical) fees will be applied to review applications, issue permits and complete inspections. Waiving application and permit fees, as requested, sets a precedent that would result in subsidies from the General Fund. Furthermore, the fees requested for waiver do not recover the entire amount of staff time expended to review, inspect, and prepare the site for the installation. Preparation of the site included relocation of irrigation lines and determination of the most appropriate location for the large-scale sculpture. In addition, staff was required to prepare the appropriate agreements to address maintenance and removal of the sculpture as well as restoration of the public open space. Staff expended an atypical amount of time in assisting the artist/applicant with the required documents for analysis of the structural calculations by Public Works staff. In consideration of the aforementioned, staff recommends the City Council consider either a denial of the requested waiver or reduced waiver to allow the City to recover some of the costs associated with review and implementation of this project. Waiver of fees may result in a precedence being set for subsequent installations and art projects. BACKGROUND AND DISCUSSION On May 14, 2015, the Beautification and Design Review Board (BDRB) adopted Resolution No to approve the Art and Utility Box Project as part of the Vallejo Art & Architecture Walk (the Walk) and to support the Walk. Both are part of the Arts Beautification and Community Development (ABC) project provided through Participatory Budgeting (PB) Measure B funding. The Walk, a self-guided tour throughout the downtown Arts & Entertainment District and waterfront area, is a collaborative effort sponsored by Vallejo Community Arts Foundation (VCAF), Vallejo Arts Alliance, and the Vallejo Naval and Historical Museum. The Walk contains 21 elements, (which may or may not be funded through PB Measure B) and features public art and architecture by using signage, RFID (Radio Frequency Identification) and QR codes that link to videos 98 of 102

99 Date: November 1, 2016 Subject: CONSIDER A REQUEST FOR A WAIVER OF PERMIT COSTS ASSOCIATED WITH SITING, PERMITTING, INSPECTION AND INSTALLATION OF THE "SOMA" TEMPORARY ART PROJECT Page 2 and websites to entertain, educate and enhance the viewers experience. Viewers access the multi-media tour with videos, background information and maps through the website, or use the RFID chips or QR codes at each location. Placement of three sculptures in the downtown area at undefined locations is included as an element of the Walk. On May 24, 2016, the Vallejo City Council voted in favor of accepting a proposal involving the Flaming Lotus Girls, owners of the SOMA art sculpture, to install the sculpture in downtown Vallejo at Unity Plaza in front of the JFK Library along Georgia Street as one of the three sculptures identified in the Walk. The City Council approved placement of the SOMA sculpture in Unity Plaza and directed staff to work with the applicant to determine the most appropriate location. The City Council further directed the artist to apply for all permits required to install the sculpture, which includes the subject Design Review Permit from the Planning Division. The Design Review Permit requires review and approval by the BDRB. On June 22, 2016 the Beautification and Design Review Board met to review the proposal. The BDRB approved the project and its location. The applicant then submitted plans for review and consideration by the Planning, Building and Public Works staff. Placement of this sculpture at this site benefits the public in a number of ways. It promotes interaction between the viewing public, the artist community, and civic staff and leadership. When people become involved in the design, creation, and upkeep of places, they develop a vested interest in using and maintaining these spaces. This encourages a sense of pride and connection to the places they frequent, which promotes an interest in pleasing aesthetics and cleanliness, and makes the community a better place to live, work, and visit. At the same time, it promotes citizen participation in a civic agenda, leading to a better informed and more active public. PROJECT DESCRIPTION The SOMA art sculpture was originally built in 2009 for the Burning Man event. The sculpture was on display at Pier 14 in San Francisco for the past two years. For the Vallejo installation, the intent is to install the sculpture in the lawn area of Unity Plaza for a two-year exhibit period from September 2016 to September (See Figure 1 below) The lawn area was selected by staff to avoid damage to the concrete art in the plaza. A photo simulation of the sculpture at the proposed site is provided in Attachment 1 to this Memo. Figure 1 Site Location 99 of 102

100 Date: November 1, 2016 Subject: CONSIDER A REQUEST FOR A WAIVER OF PERMIT COSTS ASSOCIATED WITH SITING, PERMITTING, INSPECTION AND INSTALLATION OF THE "SOMA" TEMPORARY ART PROJECT Page 3 The SOMA sculpture is a representation of two neurons connected by an axon bridge (the axon conducts the nerve signal electrochemically to its neighboring cell). The sculpture translates the anatomy of neurons into metal and light. The piece is made entirely of stainless steel and a waterproof 12V lighting system. It stands 28 feet high, and occupies a footprint 40 feet long by 25 feet wide anchors, covered by wooden platforms. The weather-resistant stainless steel body features 70 custom LED units which output 270 lumens of light each. Each LED unit is mounted inside a resin casting, and is individually controllable and capable of producing multiple colors. Public interaction is available through push buttons which activate trans-synaptic action potential simulation. The art piece has an on-board computer system which can be remotely controlled and can be configured to automatically respond to factors such as time of day, lighting conditions, or special events. The installation of the sculpture has been completed. The installation required the use of 16 anchor bolts on each side of the structure, for a total of 32 anchor bolts that were drilled into the concrete base. The art piece also requires access to two 20A 110V circuits for LED lighting. The LED lighting system has been upgraded for durability against weather and high salt conditions. The interactive control buttons are rugged, outdoorstyle switches, mounted to the sculpture. All electrical connections are waterproof, and all wiring runs through structural pipes in the sculpture. Superfluous elements have been removed to reduce the risk of vandalism. In addition to quarterly maintenance, the applicant has verbally agreed to monitor the sculpture with frequent inspections, immediately removing any stickers or graffiti, and immediately addressing evidence of vandalism. Faulty LED lights will be replaced as needed, and the exterior quality of the stainless steel will be inspected regularly to monitor environmental wear. Insurance for the sculpture, the above verbal agreements, as well as 100 of 102

101 Date: November 1, 2016 Subject: CONSIDER A REQUEST FOR A WAIVER OF PERMIT COSTS ASSOCIATED WITH SITING, PERMITTING, INSPECTION AND INSTALLATION OF THE "SOMA" TEMPORARY ART PROJECT Page 4 other installation details will be included in a written contract between the applicant and the City. The applicant prior to submitting an application came before the City Council to gain approval to proceed at Unity Plaza and agreed to pay all permit fees and obtain the required insurance. The fees have been paid and the applicant has obtained the proper insurance. FISCAL IMPACT If the City chooses to grant the requested 100% fee waiver and reimbursing the applicant will result in the City foregoing a total of $2, Application or Review Fee Planning Application $ Building Permit Fees $ Public Works Encroachment Fees $ TOTAL $2, ENVIRONMENTAL REVIEW This action is exempt from the California Environmental Quality Act (CEQA) because consideration of a fee waiver is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section ATTACHMENTS 1. Image of Sculpture CONTACT Dina Tasini, Planning Manager (707) Dina.Tasini@cityofvallejo.net 101 of 102

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