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Building New Lives For Taday's Homeless
Ray Osborne
Housing Development Director
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3891 1 lth Street, Riverside, CA 92501
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FRANK MONTES
15455 Valencia Avenue Owner Phone: (909) 434-0466
Fontana, CA 92335-3269 Cell: (909) 228-8939
BBB Fax: (909) 434-0459
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Dr, Wintley PhippY
Internationally Acclaimed Recording Artist &
President -f=ounder, U.S. Dream Academy
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The U. S. Dream Academy is an innovative offer -school and mentoring program founded by Dr. Wintley Phipps in
1998 to help children of incarcerated parents achieve their dreams.
Through academic, social, and values enrichment, the Dream Academy empowers children
around the country who live in high risk communities to build perseverance, and the skills, character
and dreams necessary to break cycles of poverty and incarceration.
For more information: 909-883-2400
www.usdreamacademy.org
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City Council Meeting Highlights
February Meetings
In the Know I City News
San Manuel Stadium improvements
Sia Arts Fest
Ideigliborhood Pride Program
Development Code Update
+ More
Public Safety
SSPO Programs &flews
Business Spotlight
Cardenas Market
Downtown FIT Camp
LA Fitness
Around Town
City Event Spotlight & Calendar
Easter Events
FYI
Office Addresses
Ways to Stay Connected
2018 Holiday Schedule
Andrea
Keeping Traffic Moving
We've all been frustrated when caught in traffic only to find out once we make it up to where the problem occurred, the accident is
on the other side of the street or people are slowing because of road conditions. Keeping traffic moving is not only key to getting
the most out of our roadway capacity, it also keeps our air clean with less idling and our frustration levels down. We are ramping up
our efforts on maintaining our roadways within the City.
In 2017, the City completed projects and efforts that included:
Installed 1,920 street signs including speed limit and other regulatory signs
Installed approximately 42,300 linear feet of curb painting and pavement markers and 149,000 linear feet of roadway striping
Completed the retiming of 226 traffic signals in the City as part of an effort to synchronize signals and reduce delays on major
streets
Completed preventative maintenance at 285 signalized intersections
Filled more than 1,500 potholes and patched 30,000 square feet of roadway
Repaired 5,000 linear feet of curb and gutter
By June 2018, another 36 pavement rehabilitation projects totaling 12 miles of roadway will have been completed.
Nobody likes driving through or around roadwork, yet nobody likes driving on old roads that desperately need repair either. It's a
classic catch-22 and is at the core of one of the most basic responsibilities a city has: keeping up the roads so everyone can get to
where they want to go.
A few significant things we are currently undertaking to make traffic and roads in the City of San Bernardino safer and more easily
traveled include:
• Pavement Condition Index Study (PCI) Update
• Crack sealing and slurry coating throughout the City which can extend the life of the roadway by an estimated 7 years
A Pavement Condition Index (PCI) Study was completed by the City in 2015. This study assesses the condition of every single road
and street in the City and assigns a numerical value based upon what the condition is. For example, a newly constructed road might
have a condition index of 97 (out of 100) and a road so worn down that the only option is a complete rebuild might have an index of
25. The City's engineering staff is reviewing and validating the information to ensure conditions have not changed drastically since
the PCI Study was completed. With this information, the Mayor and City Council and City staff will be outlining a path to keep our
roads in good condition and determining how much funding will be needed to do it and balancing this with the other critical
priorities. Like most cities, San Bernardino has attempted to do the best with declining revenues including gas tax revenue, which
has declined over the years with the increase in alternative fuel vehicles, but our roads have fallen behind. With information from
the PCI study, we are putting together a multi-year plan and determining the best way to keep everyone moving.
While we'll have to put up with the delays during construction, these efforts will improve your experience when travelling around
San Bernardino and improve conditions overall. Unfortunately, some of the roads have deteriorated to the point that standard
maintenance will not help anymore, and the plan we are developing will address these roads too. The goal is to keep our roadways
up to date with the least amount of delay and frustration possible.
CITY OF SAN BERNARDINO
54uAelal In- /W A&
City Manager
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 2
at www.SBCiV org/Newsletter. For more information, call 909-3845122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
City Council Meetings take place the first and third Wednesdays of the month at 5 p.m. in the Council
Chamber located at 201 North E Street. Meeting agendas and minutes can be found at www.SBCity.org.
At the February meetings, the Mayor and City Council recognized the following:
San Bernardini
r
San Bernardi,
Ms. Jodi Buckley was appointed Ms. Heather Stevning was
to the Animal Commission. named Citizen of the Month
m Ber , rdino;
Ms. Brenda Bell was appointed to
the Parks & Recreation Commission.
.1 San Bernardi
Ms. Tina Bui was named
Student of the Month.
r
Mr. Edward Woolbert was
appointed to the Planning
Commission.
Cajon High School's football team was recognized for their stellar season and
CIF Division Championship.
Johnnie Epps Honored as First African American Police Officer
The late, Johnnie Epps was recognized by the Mayor and City Council as San Bernardino
Police Department's first African American officer in honor of Black History Month. Mrs.
Epps and family were in attendance and accepted certificates of recognition from City and
State representatives at the February 21 Mayor and City Council meeting.
Johnnie Epps was born November 24, 1925, in Louisiana. After serving in the Army -Air Corps
during World War II, he moved to San Bernardino where he was hired as the San Bernardino
Police Department's first African American police officer on June 30, 1947.
During his service to the citizens of San Bernardino, Officer Epps worked primarily Patrol
and jail, and was credited with being involved in numerous arrests. Officer Epps remained
with the San Bernardino Police Department until 1950, when he was reactivated by the
military to serve in the Korean War. Unfortunately, Office Epps was killed in a traffic accident
on December 3, 1950.
Today, his photograph and shield are proudly displayed at San Bernardino Police
headquarters.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 3
at www.SBCily org/Newsletter. For more information, call 909-3845122. To sign up to receive electronically, visit www.SBCity.org/SBConned.
At the February 1, 7 and 21 meetings, the Mayor and City Council:
Adopted Ordinance No. MC -1457 extending the 45 -day moratorium
on certain commercial marijuana land uses and activities, outdoor
personal cultivation, and cannabis events for up to 10 months and
15 days.
Adopted Resolution No. 2018-23 authorizing the City Manager to
execute an amendment to the existing agreement with Commercial
Aquatic Services, Inc. for the ferry Lewis Pool filtration systems
replacement at Perris Hill Park.
Adopted Resolution No. 2018-24 authorizing the City Manager to
execute an agreement with Condor, Inc. for pool re -plastering and
related renovations at various facilities.
• Adopted Resolution No. 2018-25 authorizing the City Manager to
execute a contract with California Waters Development Inc. for the
Nunez Park Pool Filtration Replacement.
Adopted Resolution No. 2018-26 authorizing the allocation of un-
appropriated senior services trust account revenue for
Senior Services in the amount of $9,900.
• Adopted Resolution No. 2018-27 authorizing an agreement with
Daniels Tire Service for procurement of lights, heavy tires, and
service.
• Adopted Resolution No. 2018-28 increasing a purchase order
with R P Landscape & Irrigation from $45,760 to $77,798 for City
Wide Median Maintenance.
• Adopted Resolution No. 2018-29 approving an agreement with
BNSF related to the Mount Vernon Avenue Viaduct Replacement
Project.
• Adopted Resolution No. 2018-30 approving an amendment to
the agreement with AECOM Technical Services, Inc. for design of the
Mt. Vernon Avenue Overhead Replacement Project, amending the
FY 17/18 Budget in the amount of $250,100.
• Adopted Resolution No. 2018-31 adopting the Five -Year Capital
Project Needs Analysis (2018/2019 through 2022/2023) for Measure
12010-2040 Expenditures and Resolution No. 2018-32 adopting the
Five -Year Measure I Capital Improvement Program (FY 2017-2022)
for Measure 12010-2040 Expenditures.
• Adopted Resolution No. 2018-33 approving an amendment
to the MOU agreement with the San Bernardino County
Transportation Authority for the implementation of a quiet zone
on the Shortway Subdivision.
• Received an oral report on the status of the street light
program and adopted Resolution No. 2018-34 authorizing an
amendment to the agreement with Quality Light and Electrical for
street light repair services.
Adopted Ordinance No. MC -1456 approving General Plan
Amendment 14-09 and Development Code Amendment 14-18 to
change the General Plan Land Use Designation from Multi -Family
Residential to Industrial and Zoning District Classification
from Residential Medium High (RMH) to Industrial Light (IL) of an
area containing approximately 20.30 acres.
• Adopted Resolution No. 2018-35 establishing the classification
and job description for Pool Maintenance Coordinator.
• Adopted Resolution No. 2018-36 authorizing an agreement with
Dell/EMC, Inc. for data center hardware and VMware software in
an amount not to exceed $650,000.
• Adopted Ordinance No. MC -1454 amending Chapter 2.17 of the
Municipal Code related to "Boards, Commissions, and Citizen
Advisory Committees - General."
• Adopted Ordinance No. MC -1455 amending Chapter 2.76 of the
Municipal Code related to "City Council Sub -Committees:'
• Reviewed, discussed and provided direction to staff and the
Planning Commission regarding cannabis business types, public
consumption, personal cultivation, special events, tax and
fee revenue.
• Introduced for first reading Ordinance No. MC -1458
repealing Chapters 2.18, 2.30, and 2.49 of the Municipal Code
related to the Parks, Recreation, and Community Services
Department and Commission, Fine Arts Commission, and Senior
Affairs Commission; and adopted Resolution No. 2018-37
establishing the Parks, Recreation, and Community
Services Commission.
• Introduced for first reading Ordinance No. MC -1459 repealing
Municipal Code Chapter 2.31 regarding the Relocation Appeals
Board; repealing Municipal Code Chapter 2.40 regarding the
Community Development Commission; and repealing Municipal
Code Chapter 2.46 regarding the Disaster Council.
• Adopted Resolution No. 2018-38 repealing Resolution No. 2000-
364 establishing the Food Policy Council.
• Introduced for first reading Ordinance No. MC -1460
repealing Chapter 2.23 of the Municipal Code related to the
"Historical Preservation Commission."
• Introduced for first reading Ordinance No. MC -1461
amending Chapter 2.22 of the Municipal Code related to the
"Planning Commission."
• Introduced for first reading Ordinance No. MC -1462 amending
Chapter 2.45 of the Municipal Code to create the "Building and
Accessibility Appeals Board."
• Introduced for first reading Ordinance No. MC -1463 amending
Title 2 of the Municipal Code, adding Chapter 2.19 establishing an
Elected Official Compensation Advisory Commission.
• Appointed Council Member Nickel to serve as Mayor Pro Tempore
until December 19, 2018.
• Received an oral report by Mayor Davis about the U.S. Conference
of Mayors.
• Continued the public hearing of Appeal 17-01, which is an appeal
of the Planning Commission's denial of Conditional Use Permit 17-
14 and Minor Exception 17-06, to February 21, 2018.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 4
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCityorg/SBConnect.
• Adopted Resolution No. 2018-51 revising HOME Investment
Partnerships Program Loan Agreement with Housing Partners 1
(HPI) to implement the wood frame construction housing
component of the Infill Housing Program.
• Adopted Ordinance No. MC -1458 repealing Municipal Code Chapters
2.18 Parks, Recreation and Community Services Department; 2.30
Fine Arts Commission; and 2.49 Senior Affairs Commission.
• Adopted Ordinance No. MC -1459 repealing Municipal Code Chapters
2.31 Relocation Appeals Board; 2.40 Community Development
Commission; and 2.46 Disaster Council.
• Adopted Ordinance No. MC -1460 repealing Municipal Code Chapter
2.23 Historical Preservation Commission.
• Adopted Ordinance No. MC -1463 amending Title 2, adding Municipal
Code Chapter 2.19 establishing an Elected Official Compensation
Advisory Commission.
• Adopted Resolution No. 2018-39 to accept California Board of State
and Community Corrections (BSCC), California Violence Intervention
and Prevention Grant (CaIVIP) program funds, if awarded, to
support the implementation of the San Bernardino
Violence Intervention Program.
• Adopted Resolution No. 2018-40 authorizing an amendment to the
agreement with Vulcan Materials Company for the Purchase of
Asphalt Materials for road repairs.
• Adopted Resolution No. 2018-41 approving the Recognized
Obligation Payment Schedule 18-19 A and 8.
• Adopted Resolution No. 2018-42 authorizing the issuance of a
Purchase Order to Moss Brothers Dodge for the purchase of
two police forensic vehicles.
• Adopted Resolution No. 2018-43 authorizing an amendment to
the agreement with AON Risk Insurance Services West, Inc.
• Adopted Resolution No. 2018-44 authorizing an agreement with
Chevron Appalachia, LLC to lease 4.679 oil and gas mineral acres
in Westmoreland County, PA, for a period of five (5) years, with the
option of a single five (5) year extension.
• Adopted Ordinance MC -1456 approving General Plan Amendment
14-09 and Development Code Amendment 14-18.
• Introduced for first reading Ordinance MC -1468 repealing Municipal
Code Chapter 2.26 Animal Control Commission and amending
Chapters 6.14 Administrative Citations; Chapter 6.09 Vicious and
Potentially Dangerous Dogs; and adopted Resolution 2018-45
establishing the Animal Control Commission.
• Introduced for first reading Ordinance MC -1471 repealing Municipal
Code Chapters 2.34 Board of Police Commissioners and 2.39 Human
Relations Commission; adopted Resolution No. 2018-46 establishing
the Public Safety and Human Relations Commission.
• Introduced for first reading Ordinance MC -1472 amending and
renaming Municipal Code Chapter 5.82 Operator Permit Regulations.
• Introduced for first reading Ordinance MC -1473 amending
Municipal Code Chapter 2.22 pertaining to the Planning
Commission.
• Adopted Resolution No. 2018-47 establishing the Parks, Recreation
and Community Services Commission.
• Introduced for first reading Ordinance MC -1474 amending
Municipal Code Chapter 2.45 Building and Accessibility
Appeals Board.
Introduced for first reading Ordinance MC -1475 repealing and
replacing Municipal Code Chapter 2.04 Personnel System; and
adopted Resolution No. 2018-48 reclassifying the full-time Business
Registration and Treasury Division job classifications and amending
the salary schedule; and introduced for first reading Ordinance MC -
1476 repealing and replacing Municipal Code Chapter 2.08
Treasurer; and introduced for first reading Ordinance MC -
1477 amending Municipal Code Chapter 2.10 Department of
Finance.
• Received oral report froms Council Member Nickel regarding the
League of California Cities Transportation, Communication &
Public Works Policy Committee Meeting; EB -5 & Global Investment
Immigration Convention, and the International Economic
Development Council Leadership Summit.
• Appointed Council Members Mulvihill and Barrios, as delegate and
alternate respectively, to the 2018 Southern California Association
of Governments (SCAG) Regional Conference General Assembly.
• Referred Conditional Use Permit 17-14 and Minor Exception 17-06
for the construction and operation of a U.S. Vets social service
housing facility at 488 W. 17th Street back to the Planning
Commission.
• Conducted a Public Hearing, and adopted Resolution No. 2018-
50 imposing liens for uncollected Business Registration fees.
• Reviewed and discussed Planning Commission recommendations
related to cannabis regulations and 1. Introduced for first reading
Ordinance No. MC -1464 adding Chapter 5.10 of the Municipal Code
related to regulation of commercial cannabis activities; 2.
Introduced for first reading Ordinance No. MC -1465 adding Chapter
8.97 to the Municipal Code establishing regulations related to
public consumption and; 3. Introduced for first reading Ordinance
No. MC -1466 adding Chapter 8.99 to the Municipal Code
establishing regulations for personal cultivation.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 5
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnec7
Bernardino
Neighborhood Pride
Awards Program
ago="~ , . � .� �� �.- s4' 1'� r.'
Nominate a Neighbor or Local Business for the Neighborhood Pride Program
Impressed by a neighbor or business that has a neatly kept property? Has someone turned a blighted property into a
gem? Nominate them for the Neighborhood Pride Award! The program is intended to recognize the efforts of the many
community members who demonstrate pride in their home or business by maintaining the exterior of their properties.
Up to 30 properties may be selected for recognition during each nomination period.
Award recipients will be presented with a beautiful yard sign to display for 45 days, recognized at a City Council Meeting
and featured on the City's website and social media channels. The first nomination period is closing March 31, so don't
wait, download the nomination form at www.SBCity.org/NPP.
San Manuel Stadium Improvements Underway
Inland Empire 66ers baseball fans are in for a treat the next time they catch a game at San
Manuel Stadium. Over the next five years, the City and 66ers will invest $2 million for
improvements to the facility. Existing seats are being replaced with modern Hussy quality seats
and a new VIP group area featuring two fully -catered group suites and comfortable outdoor
seating is in the works.
Other behind the scene improvements being completed in time for the season opener, include
sealant replacement for the upper seating bowl to prevent leaks to the downstairs facilities and
the addition of a hood system to the kitchen in the Suites Area. The new hood system will allow
hospitality services to expand their offerings to suite holders, making the visit more enjoyable.
Upcoming Home Games
4/5,7:05 p.m. vs San Jose
4/6, 7:05 p.m. vs San Jose
4/7, 6:05 p.m. vs San Jose
4/8, 2:05 p.m. vs San Jose
4/9, 7:05 p.m. vs Modesto
4110,7:05 p.m. vs Modesto
4/11,10:30 a.m. vs Modesto
4/19, 7:05 p.m. vs Lancaster
4/20, 7:05 p.m. vs Lancaster
4/21, 6:05 p.m. vs Lancaster
4122, 2:05 p.m. vs Lancaster
Opening day is at 7 p.m. on Thursday, April 5. join the 66ers and cheer the team on as they take 4/30, 7:05 p.m. vs Lake Elsinore
on the San Jose Giants. Call 909-888-9922 or visit www.66ers.com for ticket information.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 5
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
Don't miss Arts Fest on Saturday, March 24, at San Manuel Stadium
Head to San Manuel Stadium in downtown on Saturday, March 24, from Noon to 9 p.m. for the third annual Arts Fest and
enjoy over 100 bands, performers, art displays, activities and more!
The event will feature a full lineup of bands and performing artists, pop-up art displays, a kids zone, a do-it-yourself chalk
art section, live screen printing, wood carving, spray paint demo stations, and plenty of food and beverage options. Art will
be spread throughout the venue including the upper concourse suites, which will have one -of -a -kind art courtesy of the
Fine Arts Commission, Guatemalan Consulate and Mexican Consulate. Also, make sure to stop by our local organizations'
information tables to learn more about art programs available in the region.
This event is free and has something for everyone, so bring the family and support the arts at the 2018 SB Arts Fest. For
more information, follow @SBArtFest on Facebook and visit www.SBCity.org/SBArtsFest.
OWNER OCCUPIED
HOUSING
REHABILITATION
n
PROGRAM
i so
Infill Dousing Program
The City, in partnership with Neighborhood Partnership
Housing Services (NPHS), broke ground on three of five
infill housing projects. These beautiful, high -performing,
factory -built ,1,500 square foot homes are being
manufactured to high-energy efficient standards and
feature an attached garage and porch. The effort aims to
revitalize neighborhoods throughout the city, while
creating homeownership opportunities for low-income
families.
To learn more about the program or check if you qualify,
call NPHS at 909-988-5979.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 7
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
New Route to Anaheim Only $3
Last month, Riverside Transit Agency started
service at the San Bernardino Transit Center with
Route 200. The route provides express lane
service, connecting San Bernardino, Riverside, the
Village at Orange, Anaheim and Disneyland resort
for $3 or less. Rider benefits include:
Load your bike on easy-to-use racks! It's easy,
free and convenient.
Students in U-Pass/Go-Pass programs simply
flash their college IDs for unlimited rides.
From the comfort of your plush seat, read a
book, watch a movie or get some work done
with free Wi-Fi and USB chargers.
Learn more about Riverside Transit Agency's
Route 200 at http://bit.ly/2HYo7ui.
Stater Bros. Donates to SBPL Overdrive
eBook & e-Audiobook Collection
Stater Bros. Charities donated $5,000 to add new titles to the San
Bernardino Public Library (SBPL) Overdrive eBook and
eAudiobook collection. "Stater Bros. has always believed in not
just doing business in the community but being part of the
community," said Nancy Negrette, Chairman and President for
Stater Bros. Charities. "We are proud to partner with the San
Bernardino City Library Foundation to support their ongoing
efforts to enhance education in the communities we serve."
The San Bernardino City Library Foundation sponsors SBPL's
Overdrive collection, which includes providing funding for its
annual subscription and for new e -materials. SBPL cardholders
can access the Overdrive content including best-selling, popular
authors by going to www.sbpl.org.
Rosa Parks Statue Unveiling
Thousands of people surrounded the State of California Rosa Parks
Memorial Building in downtown San Bernardino on February 2 to
be the first to see the new Rosa Parks statue by local artist Patrick
Hewett.
Thanks to the efforts of Assemblymember Eloise Gomez Reyes, the
California Department of Transportation District 8, the Black
Culture Foundation and many donors, the statue is featured in the
lobby of the State building at 464 West 4th Street and can be
viewed between 8 a.m. and 5 p.m., Monday through Friday.
If you missed the event, you can tune -in to Channel 3 or watch the
Rosa Park Statue segment on the City's YouTube channel, IE Media
Group, at https://youtu.be/IIDXKVdRSF4
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 8
at www.SBCity.orglNewsletter. For more information, call 90.9-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
Plroposed Trash Fee Increase
Reminder: On March 21 at 5 p.m., the Mayor and City Council
will consider proposed refuse rate increases.
The City has an exclusive franchise agreement with Burrtec to
provide trash, recycling and some right-of-way services. As part
of the agreement, the City sets rates to ensure that Burrtec
provides safe and reliable services while protecting residents
and businesses from unreasonable rate increases.
The proposed rates under consideration include an increase of
1.92% for Consumer Price Index increases effective April 1, 2018,
and authorization of up to the maximum allowable rate increase
of 5% each July from 2018 to 2021 based on an analysis of CPI
changes. The actual approved CPI rate increase for any year could be
Additional increases may be requested by Burrtec for extraordinary cost increases and City staff and Burrtec are completing a
comprehensive rate analysis.
Information is available online at wvvw.SBCity.org/SWRates and at the City Clerk's Office. The SBCity.org/SWRates webpage features
the notice mailed to City of San Bernardino Burrtec customers and the schedule of proposed rate increases. For more information
regarding the proposed rate adjustment, please contact the City's Public Works Department at 909-384-5140.
Development Code Update Process Underway
In order to improve our economic competitiveness, the City is updating the Development
Code, which is a document that establishes standards for construction and guides new
development. The Mayor and City Council appointed a Development Code Update Working
Group that recently met to discuss proposed changes to the Development Code. The update
will encourage new development and include the best practices from across the nation in
the areas of architectural design, landscape design and parking. To ensure that the plan
incorporates community values and has community involvement, a nine member group with
expertise in planning, development and construction was appointed. The main purpose of
the Working Group is to identify community values and desires related to new development
and economic activity, explore potential changes that preserve the beauty of the community
while encouraging reasonable growth, and address these needs based on their own
experience and what they hear from others in the community. The Working Group is
working side-by-side with the City staff to develop the proposed changes and
recommendations for consideration by the Planning Commission. The recommendations
will ultimately be presented to the Mayor and City Council. The Group was formed to
represent a broad cross-section of the San Bernardino community. If you would like to
provide input or feedback or learn more about this project, please contact Travis Martin,
Associate Planner, at 909-384-5357 or Martin—Tr@sbcity.org.
Work for the City You Live in
Applications are now being accepted for these positions:
• Administrative Claims Specialist, Human Resources
• Development Services Technician, Community Development
• Facilities Maintenance Mechanic, Public Works
• Maintenance Worker III, Public Works
• Pool Maintenance Coordinator, Parks
• + More
For a complete list of job requirements and to apply visit
www.SBCity.org/jobs or call 909-384-5104.
The Community Newsletter is published monthly to highlight information, news and activities in the City of Son Bernardino. Previous editions are available 9
at www.SBCity.org/Newsletter. For more information, call 909-3845122. To sign up to receive electronically, visit www.SBCity.org/SBConnect
Repairs Completed at Libraries
Repairs were recently completed at two San Bernardino Public
Library locations.
Feldheym Central Library has a new "cool roof' system designed
to reflect more sunlight and absorb less heat than a standard
roof. The new roof is expected to save energy and money by
using less air conditioning. The main skylight has also been
replaced which will improve interior lighting and occupant
comfort. Rowe Branch Library patrons will enjoy a new, more
reliable and energy efficient air conditioning system this
summer.
Visit www.sbpl.org to learn about programs offered at a City
public library near you.
Quality of Life Team Fight Blight
Cleanup Day on March 31
join the Quality of Life Team as they tackle another Fight
Blight Cleanup Day.
This quarter's cleanup will take place at Perris Hill Park
from 8 a.m. to 12 p.m on Saturday, March 31. Volunteers
will assist with litter removal at the park and along adjacent
streets, as well as some minor painting.
To signup to volunteer, call the Parks Department at 909-
384-5233 or email FightBlight@SBCity.org. To learn of more
ways to fight blight visit www.SBCity.org/KeepSBClean.
C O M M U N I T Y
DUMP DAY
Need to get rid of an old mattress, couch or appliance but
can't make it to the County dump?
Dump it for FREE at this month's Community Dump Day
taking place at Perris Hill Park from 8 a.m. to 11 a.m. on
Saturday, March 31. Please note the following guidelines:
• This is for household refuse only.
• Be prepared to show proof of residency with a driver's
license, gas/electric/water or Burrtec bill.
• NO HAZARDOUS MATERIALS - This includes paints, oil,
batteries and household or industrial chemicals, etc.
• NO CONSTRUCTION MATERIALS - This includes concrete,
brick, drywall and roofing materials.
• NO COMMERCIAL VEHICLES - This includes enclosed U -
Haul and other rental moving trucks or business vehicles.
Download the flier at http://bit.ly/2z6Hrjo for more
information.
o See it
�- Snap it
Send it
Help us Stop Illegal Dumping!
Illegal dumping is a serious matter; reporting violators is
the first step in enforcing the law. Report illegal dumping in
progress by snapping a picture of the vehicle and license
plate and sending it to SBDirect@SBCity.org. Please use
caution when capturing the illegal action; never put
yourself in harm's way.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 10
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
Ir"t
ow
14
Get to know the SBPD
join your neighbors and police officers for coffee and
conversation! Attend your local Coffee with a Cop. No agenda
or speeches, just a chance to ask questions, voice concerns,
and get to know the officers in your neighborhood!
Call 909-384-5694 for more information.
Provide Anonymous Tips 24/7
A new anonymous tip website has been launched to help
gather information on unsolved homicides. Help the
Police Department's Investigations Division bring criminals
to justice and families closure by anonymously sharing
what you know or may have seen.
To learn more about current cases and to submit an
anonymous tip, visit https://www.sbpdsafetip.com.
Wednesday, March 7
9:00 a.m. -10:00 a.m. - Southest Coffee with a Cop
The Art Institute, 674 East Brier Dr
Tuesday, March 13
10:00 a.m. - 11:00 a.m. - Downtown Business Watch
Arrowhead Events Center, 180 S Arrowhead Ave
Wednesday, March 14
9:00 a.m -10:00 a.m. - Northeast Coffee with a Cop
Denny's, 702 E Highland Ave
Wednesday, March 21
9:00 a.m. - 10:00 a.m. - Northwest Coffee with a Cop
Farmer Boys, 1766 Kendall Dr
Tuesday, March 27
9:30 a.m. - 10:30 a.m. - 40th Street Corridor Business
Watch
American Legion #777,194 E 40th St
Wednesday, March 28
9:00 a.m. -10:00 a.m. - Southwest Coffee with a Cop
Jack in the Box, 1141 W Highland Ave
ANSWER THE CALL
JOIN THE
SBPD TEAM
WWW.JOI NSBPD.ORG
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 11
at www.SBCity.org/Newsletter. For more information, call 909-384-5922. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
Downtown Fit Camp Now Open
DOWNTOWN FIT CAMP is located along The Breezeway
corridor between Court Street and 4th Street. This new
fitness camp is designed to decrease body fat, increase
strength and flexibility, in addition to motivate and inspire
the participant to improve their daily life. This is the second
fitness center to open in the downtown area.
Learn how you can get fit, call 909-381-3303 or visit
www.downtownfitcamp.com.
Address: 455 W 4th St, San Bernardino, CA 92401
� N M
r
Second Cardenas Market Opens
Cardenas Markets celebrated the grand opening of their
second San Bernardino store located at the Highland Plaza
Shopping Center on February 28. The new 42,660 square
foot market employs over 100 people and offers a full-
service meat counter, ready -to -serve kitchen, juice bar and
bakery featuring a wide variety of flavors, specialties, and
quality products from Latin America.
Cardenas Locations:
• 140 W 40th St, San Bernardino, CA 92407
• 2045 E Highland Ave, San Bernardino, CA 92404
LA Fitness Expands to Two Sites
The new LA Fitness gym located on University Parkway is
open for business.
This location offers members group fitness classes, indoor
cycling, indoor pool, Kids Klub, personal training along with
the standard fitness equipment.
Don't miss the official grand opening at 8 a.m. on Saturday,
March 31! The day will feature giveaways, a DJ and more.
Call 909-352-4147 for more details.
Address: 4404 University Pkwy, San Bernardino, CA 92407
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 12
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www. Wily. org/SBConnect.
Around Town
City Event Spotlight
JOIN THE IN & OUT
READING PROGRAM
C
Saturday. March 3rd
through Children only
Saturday, April 14th, ages 4 to 12
2018.
St. Patrick's Day Events
This St. Patrick's Day, kids are welcome at these City
Community Centers for activities, treats and games. All
programs are on a first-come, first -serve basis. Don't forget
to wear green!
• Lytle Creek - 2 - 4 p.m. 1909-384-5424
• Ruben Campos - 2:30 - 4 p.m. 1909-384-5421
• Hernandez Center - 3 - 5 p.m. 1909-384-5420
Signup for the In -N -Out "Cover to Cover
Reading Club"
The annual In -N -Out reading program will begin Saturday,
March 3, and will run through Saturday, April 14. Stop by
any of the four San Bernardino City Libraries to sign up for
the In -N -Out "Cover to Cover Reading.Club."
Children ages 4 to 12 years old can register to participate in
the "Cover to Cover Reading Program" and receive a reward
from In -N -Out Burger! For every five books children check
out and read (up to 15 books), they will receive a "Cover to
Cover" Achievement Award with a coupon for a free
hamburger or cheeseburger at any In -N -Out Burger
restaurant. For more information call 909-381-8235 or visit
www.sbpl.org.
Cel ebr to
Easter Festivities
aturda
=- orch��
City Community Centers will be hosting Easter festivities on
Saturday, March 31. Children under the age of 18 are
welcome to participate in painting, games and egg hunts at
the following Centers:
• Lytle Creek- 2 -4 p.m. 909-384-5424
• Ruben Campos - 1 - 5 p.m. 909-384-5421
• Delmann Heights -1 - 5 p.m. ( 909-880-1362
• Hernandez Center - 12 - 3 p.m. 1909-384-5420
All activities are on a first-come, first -serve basis.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 13
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visitwww.58City.org/SBConnect.
Wednesday, March 7
9:00 a.m. -10:00 a.m.
Southeast Coffee with a Cop
Art Institute, 674 East Brier Dr.
909-384-5694
5:00 p.m.
Mayor & City Council Meeting
Council Chamber, 201 North E St
Monday, March 12
11:30 a.m. -1:30 p.m.
Fine Arts Lunch Break
Feldheym Central Library, 555 W 6th St
909-381-8238 ( www.SBPL.org
Tuesday, March 13
10:00 a.m. - 11:00 a.m.
Downtown Business Watch Meeting
Arrowhead Events Center
180 S Arrowhead Ave 1 909-384-5694
5:30 p.m. - 7:30 p.m.
Scrabble Club
Rowe Branch Library, 108 E Marshall Blvd
909-381-8238 1 www.SBPL.org
Inlandia Creative Writing Workshop
Rowe Branch Library, 108 E Marshall Blvd
909-883-3411 1 www.SBPL.org
6:00 p.m.
Planning Commission Meeting
Council Chamber, 201 North E St
Wednesday, March 14
9:00 a.m - 10:00 a.m.
Northeast Coffee with a Cop
Denny's, 702 E. Highland Ave
909-384-5694
10:00 a.m.
Development Environmental Review
Committee Meeting
Council Chamber, 201 North E St
4:00 p.m.
Animal Control Commission Meeting
215 North D Street, Suite 200
Thursday, March 15
4 p.m.
Parks & Recreation Commission Meeting
Council Chamber, 201 North E St
Saturday, March 17
St. Patrick's Day Activities
Times vary by Community Center
909-384-5233
City Calendar
Tuesday, March 20
1:00 p.m. - 3:00 p.m.
Literary Salon Book Club
Feldheym Central Library, 555 W 6th St
909-381-8238 1 www.SBPL.org
Wednesday, March 21
9:00 a.m. - 10:00 a.m.
Northwest Coffee with a Cop
Farmer Boys, 1766 Kendall Dr
909-384-5694
5:00 p.m.
Mayor & City Council Meeting
Council Chamber, 201 North E St
Saturday, March 24
12:00 p.m. - 9:00 p.m.
SB Arts Fest
San Manuel Stadium, 280 S E St
909-384-7272 1 www.SBCity.org/SBArtsFest
1:00 P.M.
Anime Club
Feldheym Central Library, 555 W 6th St
Kellogg Room A
909-381-8238 1 www.SBPL.org
Monday, March 26
6:30 p.m.
Writing Workshop for ages 10-17
Rowe Branch Library, 108 E Marshall Blvd
909-883-3411 1 www.SBPL.org
Tuesday, March 27
9:00 a.m. - 12:00 p.m.
IE Small Business Development Center
Workshop:
Loans for Your Business
Multipurpose Room, 201 North E St
909-983-0751 1 www.IESmallBusiness.com
9:30 a.m. -10:30 a.m.
40th Street Corridor Business Watch
Meeting
American Legion #777,194 E 40th St
909-384-5694
6:00 p.m.
Inlandia Creative Writing Workshop
Rowe Branch Library, 108 E Marshall Blvd
909-883-3411 1 www.SBPL.org
Wednesday, March 28
9:00 a.m. - 10:00 a.m.
Southwest Coffee with a Cop
Jack in the Box, 1141 W Highland Ave
909-384-5694
10:00 a.m.
Development Environmental Review
Committee Meeting
Council Chamber, 201 North E St
11:30 a.m. - 1:30 p.m.
Fine Arts Lunch Break
Feldheym Central Library, 555 W 6th St
909-381-8238 1 www.SBPL.org
Friday, March 30
5:00 p.m. - 6:00 p.m.
Youth vs SBPD Basketball
Hernandez Center, 222 N Lugo St
909-384-5420
Saturday, March 31
8:00 a.m.
LA Fitness Grand Opening
4404 University Parkway
909-352-4147
8:00 a.m. - 11:00 a.m.
Community Dump Day
Perris Hill Park, 1135 E Highland Ave
909-384-5233
8:00 a.m. - 12:00 p.m.
Fight Blight Cleanup Day
Perris Hill Park, 1135 E Highland Ave
909-384-5233
12:00 p.m. - 3:00 p.m.
Easter Festivities
Hernandez Center, 222 N Lugo Ave
909-384-5420
1:00 P.M. - 5:00 P.M.
Easter Festivities
Delmann Heights, 2969 N Flores St
909-880-1362
1:00 p.m. - 5:00 p.m.
Easter Festivities
Ruben Campos, 1717 W 5th St
909-384-5421
2:00 p.m. - 4:00 p.m.
Easter Festivities
Lytle Creek, 380 S K St
909-384-5424
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 14
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www.SBCity.org/SBConnect.
Office Locations & Hours of Operation Ways to Connect
Vanir Tower
290 North D St, San Bernardino, CA 92401
CITY INFORMATION CENTER/VISITOR CHECK-IN
Mayor City Manager
City Council Finance
City Attorney SB Direct Call Center
201 North E St, San Bernardino, CA 92401
SPACE 201A - ONE-STORY BUILDING
Entrance located on E Street (near 2nd street)
Business Registration
Parks, Recreation and Community Services
SPACE _,)1B - THREE-STORY BbILDING
Entrances located on E Street, next to Big Five and the
southwPct rnrncr of the parking striirti irn rnnftnn level
Code Enforcement
Community Development
- Administration
- Building & Safety
- Land Development
- Planning
Council Chamber
City Cable Channel Studio
- Inland Empire Media Group
Information Technology
Multipurpose Room
Public Works
- Administration
- Engineering
- Off-site Permits
- Real Property
- Traffic Division
21:, w...... _, dino, CA 92401
*VISITORS CHECK-IN AT VANIR TOWER
City Clerk Economic & Housing Development
- Passport services Human Resources
710 North D St, San Bernardino, CA 92401
San Bernardino Police Department
909-384-5742 / Dispatch 909-383-5311
555 West 6th St, San Bernardino, CA 92410
San Bernardino Public Library I Admin. Offices 1909-381-8201
Hours vary by location, please visit www.SBPL.org for details
1350 South E St, San Bernardino, CA 92408
Water Dept. Customer Service Offices 1909-384-5095
Water Emergency (24 hours) 1909-384-5141
SB Direct
909-384-7272
Mobile App
GORequest
(� City Information
[; Center
290 North D Street
Follow us
in O 0 D
@SBCityGov
@SBCityLib
@SBCityWater
www.SBCity.org
-' Channel
F
(IEMediaGroup)
(t 0) SBConnect
AM 1610 radio
@SBPa rksAnd Recreation
@SanBernardinoPD
@San Be rn a rd i noCou ntyFi re
IEMediaGroup (YouTube)
2018 Holiday Schedule
In observance of the holidays, City
administrative offices will be closed on the
following days:
Monday
May 28
Memorial Day*
Wednesday
July 4
Independence Day*
Monday
Sep. 3
Labor Day*
Monday
Nov. 12
Veterans Day
Thursday
Nov. 22
Thanksgiving Day*
Friday
Nov. 23
Day After Thanksgiving
Monday
Dec. 24
Christmas Eve
Tuesday
Dec. 25
Christmas Day*
Monday
Dec. 31
New Year's Eve
*NOTE: BURRTEC HOLIDAY SCHEDULE - When the
holiday falls on a weekday, trash collections for the
remainder of the week will be delayed by one day.
No service will be provided on the following
days: New Years Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, and Christmas
Day.
The Community Newsletter is published monthly to highlight information, news and activities in the City of San Bernardino. Previous editions are available 15
at www.SBCity.org/Newsletter. For more information, call 909-384-5122. To sign up to receive electronically, visit www. SB City,org/SBCon ned.
AN EMERGING CRISIS:
BARRIERS TO ENTRY IN
CALIFORNIA CANNABIS
February 19, 2018 - Page 1 of 36
ABSTRACT
This report is intended to provide an
understanding of why participation in
the regulated marketplace is low—and
what policy makers can do to improve
the situation.
By exploring and summarizing the
barriers to entry experienced by
cannabis businesses when they seek a
state license, this report seeks to inform
policy makers in the hopes of solving
key problems faced by the regulated
community.
California Growers Association
February 19, 2018
Table of Contents
1. Introduction and Background ......................... 3
The Prop 64 Debate ................................................. 4
The Future of California Cannabis .......................... 5
2. The state of cultivation licensing ..................... 6
Dispellinga few myths..............................................7
Small farms are not doomed to fail ......................... 7
California cannabis is not growing .......................... 7
We are not all rich..................................................7
... and we don't all want to be .................................. 8
Cannabis is not always a commodity ..................... 9
...and the "price Crash" is not what concerns us... 10
We do not use 6 gallons per plant per day.............10
3. Understanding the barriers ............................11
Timeline....................................................................12
LocalPolicy ..............................................................
13
Permit Limits and land use restrictions .................14
Local delivery Bans...............................................15
StatePolicy...............................................................17
Direct marketing....................................................17
Transportation........................................................18
Testing...................................................................
20
Water rights and water storage ..............................
21
Divergent Adult -use and Medicinal Production
Markets..................................................................
22
microbusiness........................................................
23
Regulatory Confusion............................................23
State Permit Processing .........................................
24
Finances....................................................................
25
Taxes......................................................................
25
Tiered Licenses Fees and Requirements ...............27
No access to loans..................................................27
Addressing legacy Land Use impacts....................27
Culture......................................................................
28
Prejudice and misinformation................................28
Off grid lifestyle ....................................................
28
Mistrust: Drug War Legacy...................................28
A disregard for the law ..........................................
29
Business Acumen ..................................................
29
Cottage Businesses ................................................
29
The criminal element.............................................30
Improvingthe situation ...................................... 31
Close the Loopholes.................................................31
Priorities at the state level......................................32
Direct Marketing....................................................32
February 19, 2018 - Page 2 of 36
Transportation........................................................ 32
Testing................................................................... 32
Cottage businesses.................................................32
Taxes...................................................................... 32
Priorities at the local level......................................33
Startsmall..............................................................33
Clusters and cooperative........................................33
OVerlay Zoning and Special Districts...................33
Expanded list of priority issues..............................34
1. Introduction and Background
On January 1, 2018, California approved its first-
ever state licenses for the production, distribution,
and sale of cannabis, capping years of intensive
deliberation on the rules for the newly -regulated
cannabis marketplace. The issuance of these licenses
was the culmination of a multi-year process initiated
by the passage of the Medical Marijuana Regulation
and Safety Act, or MMRSA, which for the first time
regulated medical commercial cannabis activity on a
state level. In November 2016, the voters approved
Proposition 64, which created a parallel but distinct
regulatory structure for adult use cannabis. And, in
July 2017, the legislature reconciled these two
systems in the Medical and Adult Use Cannabis
Regulation and Safety Act, or MAUCRSA — the
system that we exist under today.
In regulating cannabis for the first time, California
was forced to deal with a question that is too often
ignored in drug policy discussions: yes, prohibition
is a failure; and yes, cannabis should be legal; but
how? Policymakers don't often have the opportunity
to shape the structure of a $7 billion market. How
should the wealth generated by newly -regulated
cannabis be distributed? And who should have a
chance to participate?
As the largest cannabis trade organization in
California, currently representing over 1,100 small
and independent businesses, our answer to these
questions has always been simple: the success of the
state regulatory system will be determined by the
number of businesses that are able to enter the
regulated market.
Failure in this goal — meaning, the domination of the
regulated cannabis market by a small number of
large, consolidated businesses — would be a moral,
economic, and practical disaster for the state of
California.
Morally, justice will not be restored if the same
people who worked for policy reform through
February 19, 2018 - Page 3 of 36
"The unintended consequence of making it
so difficult at the local and state level to
enter the regulated market is that 80-90% of
those who were working with dispensaries
prior to 11112018 are being pushed to the
black market.
This is not only bad for the regulated market
because so much high quality produce is
now flooding into the black market, but
crime is increasing as a result as well.
I am truly heartbroken to see what the
regulatory system has done to the artisan
cultivators and manufacturers who were
creating diverse, boutique products.
These people who built this industry are not
allowed to participate. I hope we can course
correct this year. "
Sonoma County Cultivator
decades of persecution, or who suffered under the
war on drugs are kept out of the regulated market.
Small businesses owners in urban and rural
communities should not be dismissed as greedy
criminals when all they need is time to transition.
At the same time, the potential economic impact of
these regulations are severe. More than sixty
thousand cannabis farmers currently operate around
the state. We estimate that these farms employ 3.6
people on average, for a whopping 258,000 jobs.
Thousands of people, and dozens of communities
around the state, that have been able to sustain
themselves and supply patients under SB 420's
provisions are being destabilized. Economic
depression is the best case outcome—economic
collapse is the worst case.
The state is ill-prepared to address these impacts as
they will be centralized in places where social safety
nets don't exist or are severely strained.
Practically speaking, it will take time to supplant the
unregulated marketplace in California. The networks
that supply lucrative out of state markets are likely to
persist until federal law changes. Law enforcement
resources will continue to be strained. Increasing
participation in the regulated marketplace will
reduce the demands on already scarce law
enforcement resources.
If the illicit market cannot be stemmed through
regulation, the MAUCRSA's goals for
environmental sustainability, public safety, revenue
generation, and restorative justice will remain
elusive.
THE PROP 64 DEBATE
The role of small, independent, and existing
businesses was central to the conversation over
MCRSA and Proposition 64. To address these
concerns, Proposition 64 is littered with references to
"ensuring... the industry in California will be built
February 19, 2018 - Page 4 of 36
around small and medium sized businesses," "strict
anti -monopoly provisions," and intent to "reduce
barriers to entry into the legal, regulated market."
MAUCRSA contains similar language, including a
declaration that the legislation furthers Proposition
64's intent in reducing barriers to entry.
So, two months into the regulated system, where do
things stand?
The key message of this report is that the current
system will not achieve its goals without
fundamental and structural changes that allow small
and independent businesses to enter into compliance.
Beyond its intent language, Proposition 64 made
three substantive promises to small and medium
sized businesses. Unfortunately, two months after
the issuance of the first licenses, it is clear that none
of the promises have materialized in practice:
• Prop 64 promised five-year prohibition on large-
scale cultivation businesses. Following the decision
to remove the cumulative one -acre cap from the
emergency CDFA regulations, however, this
prohibition is effectively irrelevant. A large-scale
cultivation operation may now stack unlimited
numbers of "small" cultivation license to grow an
unlimited canopy area.
• Prop 64 created a "microbusiness" license, which
was generally described as an opportunity for small
farmers to vertically integrate at low cost. As this
report documents, the microbusiness license has
produced exactly the opposite of its intended effect,
smoothing the path to vertical integration for well -
capitalized retailers while remaining out of reach for
small and rural cultivators.
• Prop 64 removed the "independent distributor"
requirement in MCRSA. While it was argued that
this decision would enable small farmers to "self -
distribute" their product to retailers, this report
documents that the result, instead, has been the
capture of the majority of distributor licenses by
retailers or large manufacturers. By comparison,
cultivators — primarily larger ones — have obtained
only 9% of state distribution licenses.
The effects of these policies, and others, are very
much being felt by our membership. In our survey of
membership, despite strong desire to enter into the
regulated marketplace, only 15% were "very
confident" that they would be able to do so. An
additional 35% were "somewhat confident," with the
remaining 50% either "not very confident" or "not
confident at all."
THE FUTURE OF CALIFORNIA CANNABIS
This report will explore some of the reasons why our
membership continues to feel that barriers to entry
are impracticably high, and proposes solutions
designed to ensure that small and independent
businesses are able to negotiate start-up costs and
participate in a fair, open marketplace.
The inevitable growth in California's cannabis
industry must be balanced by stability. California's
cannabis culture has many things to be proud of, even
uniquely so. The California cannabis industry has
been — and can continue to be — a model for an
industry built on compassion, community, and
sustainability rather than profits and endless
expansion. Policy and legislation cannot mandate
these values, but they can help to ensure that the
people and communities that hold them have an
opportunity to survive and flourish. As history turns
against prohibition, it is essential that California
leads the way in demonstrating that this new industry
does not have to be built around profit alone: it can,
and must, stand for people.
February 19, 2018 - Page 5 of 36
2. The state of cultivation licensing.
California is an agricultural powerhouse. The
producers in our state supply not just our country, but
the world with a multitude of agricultural
commodities and products.
In some ways cannabis is not exceptional just one
of several big-time crops grown in our state.
In other ways, cannabis stands alone:
• Cannabis is federally illegal. It can only be sold
here in California. The entire state marketplace
probably requires a few thousand acres in
cultivation at most, where other crops rely on
tens or hundreds of thousands.
• Cannabis is primarily grown by small farmers.
Whereas other crops are grown by the acre or
hundreds of acres, in cannabis, 2500 square feet
in cultivation (one twentieth of an acre) is still not
licensable in most counties.
• Cannabis—unlike many crops—requires a
license to cultivate.
The biggest challenge of regulating cannabis
cultivation in California is the scope of the situation.
We estimate there are 68,150 growers in the state.
This estimate represents a significant increase
compared our past estimate of 53,000. The primary
difference is the inclusion of the Type 1C cottage
cultivation license. The increase represents the
inclusion of an estimated 15,150 cottage growers
throughout the state.
As of February 7th only 0.78 percent (534 unique
licensees) of these growers are licensed.
While there is no disputing that California has a lot
of growers, questions are often raised about how
many growers are interested in participating. In order
to inform our analysis, we use three different
assumptions about rate of interest in participating.
Simply put, not all growers are interested in seeking
licensure. The experience of the early adopters is
February 19, 2018 - Page 6 of 36
likely to inform the decision of growers who are
initially excluded and get the opportunity to
participate sometime in the future. The three
scenarios considered here are:
• High Participation – assumes 75 percent of
growers are interested in participating. There are
a total of 51,113 growers interested in state
licenses.
• Moderate Participation – assumes 50 percent of
growers are interested in participating. There are
a total of 34,075 growers interested in state
licenses.
• Low participation– 25 percent of growers are
interested in participating. There are a total of
17,038 growers interested in state licenses.
Using these three scenarios the state has licensed
between 1 to 3 percent of interested growers. There
is a long way to go.
DISPELLING A FEW MYTHS
Good policy comes from good information. In
addition to widespread information gaps, there is
also a huge amount of misinformation in cannabis.
The phenomenon of misinformation is driven by two
common mistakes:
- Reliance on comparative analysis. While there
are some lessons to be learned from other states
that are regulating cannabis, California is an
outlier. Our state has the most robust and
productive cannabis industry of any state. Other
states replaced an illicit import based market with
domestic production whereas California must
transition an existing unregulated marketplace.
- Assumptions and estimates are not facts.
When analyzing anything assumptions are often
made. In a situation where good information is
scarce, estimates and assumptions are important
tools for analysis. However, it must be
remembered that these tools are imperfect and
should not be confused for objective.
There are a few myths that have become so pervasive
that it is necessary to discuss them before considering
barriers and incentives.
SMALL FARMS ARE NOT DOOMED TO FAIL.
We've all heard the talking points from
businesspeople looking to make their way in
cannabis: "Consolidation is inevitable. You may as
well just get out of the way. You won't be able to
compete."
It is certainty true that many businesses in California
will not succeed in the regulated marketplace.
However, there is no reason we can't build a well
regulated marketplace around the proven success of
small and mid-sized businesses—as promised in
Prop 64.
Additionally, the suggestion that bigger is better and
small business will collapse when forced to compete
doesn't match with our experience. It is not
February 19, 2018 - Page 7 of 36
operational inefficiencies that are hurting small
growers. Rather, it is the one time costs of
regulations or the inability to comply with
regulations because of local land -use policy.
Many farmers who are being pushed out of the
market and off the land are responding to regulatory
challenges, not folding because of operational
inefficiencies. To the contrary, the disturbing trend is
that many of the best growers —the most dedicated
and passionate artisans who can add tremendous
value to the state marketplace — are the ones being
left behind.
CALIFORNIA CANNABIS IS NOT GROWING.
In fact, in the short term it is likely that the market
will contract significantly. California produces more
than 15 million pounds of cannabis per year. The
state consumes less than 3 million. There are
certainly growth segments of the market—there are
not enough labs or distributors, for example—but
cultivation is not one of them. There may be some
growth in demand thanks to new consumers, but it is
widely estimated that such growth will be modest
because most people in California have had access to
cannabis in the past. These factors point to the need
to reduce production if regulation is to succeed.
WE ARE NOT ALL RICH...
There is a myth of "green gold" in the hills of the
Emerald Triangle. Those myths --while more true at
one time many years ago --have long since given way
to a more stable state marketplace. Still, the myths
persist and the negative impacts are significant:
• An assumption on the part of local governments
that cannabis businesses can cure budget woes
leading to high taxes.
• A feverish, speculative expectation of returns
that is looking for growth oriented, businesses
makes capital unobtainable for many business
owners.
• A disregard or lack of concern for the cost
(especially one time costs) of regulatory
compliance.
....SND WE DON'T ALL WANT TO BE.
There are many first -wave social capitalists within
the cannabis marketplace. These entrepreneurs differ
from more mainstream capitalism in an important
way. Where neoliberal economics seeks constant
growth, social capitalists seek stable businesses and
prosperous local economies. Many growers think
there is a dangerous concentration of wealth in our
economy and see cannabis as a way of
counterbalancing that trend. This is not to say that
our members don't fundamentally depend on
profitability; of course, they do. It is simply to say
Small-business owners have a great idea.
They solve a problem in their community. They know their business and target audience. They
know what will make their customers happy. They serve their customers.
Entrepreneurs have big ideas.
They dream big. They think big. They come up with ideas that haven't been tested, diagnosed, or
worked through. A lot of times they don't even know if their ideas are possible, which gets them
even more excited.
Small-business owners hold steady.
They like to know what's coming next and where it's coming from. They make calculated
decisions where the outcome is clear. The result may not be huge, but it will typically keep them
moving forward.
Entrepreneurs love risk
They step out on a ledge more often than not. They jump in with both feet knowing that if they put
in their full effort, the risk will be worth it more often than not.
Small-business owners think about the things they need to finish this week.
They have daily and weekly to do lists. They manage employees, work with customers, network
with new customers, and keep everything rocking and rolling.
Entrepreneurs are thinking ahead six months.
While their team is thinking about what they're doing that week, they tend to skip the now and
focus on the future of the company. They have people to manage the business, and if they don't,
they soon will.
Small -businesses owners are sentimental with their businesses.
They never plan on selling or handing their business off to someone else unless it's family. They
like making the decisions and running the day-to-day.
Entrepreneurs focus on scaling.
They want to grow and grow they will. Although they may not focus on selling the business, they
set it up to run without them. They surround themselves with experts while they end up being the
rainmaker.
https✓/www. entrepreneur. com/article/233919
February 19, 2018 - Page 8 of 36
that there are multiple ways of prioritizing
considerations when planning and operating a
business. Maximizing returns is not the only path—
and often it is not the moral path or the sustainable
path.
Cannabis is probably the most valuable cash crop in
California. It is most certainly the least centralized.
Cannabis is grown primarily on a cottage, specialty,
and small scale. The billions of dollars per year
generated by commercial cannabis activity are
distributed throughout the state and provide
opportunities and benefits in many disadvantaged
communities. California should not fail to
understand and protect the unique characteristics of
this marketplace.
At the very least there needs to be a better balance
struck between "green rush" entrepreneurialism and
small business owners. Not all cannabis business
owners are trying to get rich but they would like to
continue in the middle class.
CANNABIS IS NOT ALWAYS A
COMMODITY...
Commodities are generally very uniform and are
indistinguishable from one another. As such they can
be traded differently than products, which are much
more variable in their quality and characteristics.
Raw cannabis can be either a commodity or a
product. At first glance cannabis appears to be
somewhat unique. There are a few other examples,
like coffee or tea. However, when we look closely
we realize that all of agriculture exists in this dual
state.
In fact, with the emergence of the local food
movement, empowered by the Direct Marketing Act,
we are beginning to see that commoditization of
agriculture is not a natural state so much as the result
of policy decisions.
The implications of the distinction between product
and commodity are of critical importance. Where
February 19, 2018 - Page 9 of 36
products provide benefits to farmers, commodities
primarily provide benefits to large corporations and
stakeholders. Even when commoditized, there is a
better way to produce crops: cooperatives.
Cooperatives provide for efficiencies of scale in
processing while preserving the independent
ownership of individual farms ensuring more
equitable economies.
Farms – and small farms, especially – provide
irreplaceable economic and cultural value to rural
California. The commoditization of cannabis is not
inevitable, nor is it in the immediate public interest.
The priority, at least initially, should be stabilization
and transition: not growth.
There are a few characteristics of industrial
agriculture that cause concern:
• Biodiversity to monoculture – A commodity
marketplace relies on standardization and
reliability. More of the same product is better and
easier to market. This decreases variety for
consumers and could be catastrophic for the
discovery of new strains.
• Overproduction – Commodity markets rely on
scale. However, there is no need in the market for
larger scale grows. The simple reality is that
California produces far more than it can
consume. Overproduction has been raised as a
significant issue in Oregon by the federal
prosecutor and will need to be dealt with in
California as well.
• Reliance on pesticides and synthetics:
Industrial agriculture is marked by a reliance on
pesticides and synthetic fertilizers. Cannabis—
like any crop—can be grown without those
inputs if it is grown on a smaller scale in bio -
intensive diversified plots. Cannabis can help
reduce our states' use of pesticides and synthetic
fertilizers.
...AND THE "PRICE CRASH" 1S NOT WHAT
CONCERNS US.
The commodity price for THC oil will certainly be
reduced as production operations scale up. However,
to say there will be a "price crash" is an
oversimplification. Cannabis is a product ripe for
value adds. More so than ever, flower can be
distinguished by grade and brand. Standards will be
established; appellations will be mapped.
Since cannabis can leave the farm either as a
commodity or a differentiated product, there is
tremendous opportunity to establish a robust,
differentiated marketplace that serves the public
interest. This market will look like the wine market,
with products ranging from a few dollars a gram to
$15 or more—not the tobacco market where prices
are relatively standardized.
WE DO NOT USE 6 GALLONS PER PLANT PER
DAY.
Cannabis plants are grown using a wide variety of
practices. From small indoor plants using water
efficient technologies to dry -farmed outdoor, the
demands on water supply are equally varied.
Historic efforts to quantify the water used to irrigate
cannabis have sought to determine a single number
of gallons per day, per plant. The most widely
circulated number is 6 gallons a day per plant. This
approach to determine water use is flawed and
policies that were informed by the 6 gallon figure
likely are likely to be flawed as well.
The challenge here is that the diversity of practices
used in cannabis cultivation make this a hard thing to
simplify. We offer an improved formula. Though this
formula is only slightly more complex it offers much
grater accuracy: one gallon per pound of finished
flower per irrigated day. For ease of making
estimates one can assume about 1 pound per 10
square feet.
February 19, 2018 - Page 10 of 36
This new formula is based on extensive feedback
from our members regarding actual water usage
using industry standard practices.
Several studies have cited the 6 gallon per day figure
and they should be regarded with great caution
because of the flawed methodology of relying on
plant count for an average. Studies are only as good
as the assumptions they are based on which—in this
case—were deeply flawed.
3. Understanding the barriers.
A barrier to entry is a cost, policy, or market
condition that prevents new competitors from
entering a marketplace or business.
Sometimes barriers to entry are intentional to ensure
public health and safety, or to protect specific
economic or social conditions.
Other times they are intentional for more malevolent
reasons: businesses seek to create or maintain
barriers to help increase their market share and
reduce their competition. Cannabis is especially
prone to this phenomenon because of the disparate
experiences businesses have had at the local level—
while a few hundred retail businesses have been able
to get local permits over the last decade, the many
thousands of supply chain businesses that were
required to make this market work were entirely at
the whim of these few.
Most often, barriers to entry are unintended
consequences of well meaning regulatory efforts.
No matter the source of the barrier, one thing is
certain. The State of California must systematically
review the cannabis regulations and reduce barriers
wherever possible or else a staggering number of
businesses will fail while staggeringly few enjoy
significant growth. In addition, policy makers must
remain attentive and vigilant and continue to reduce
barriers as this regulation proceeds.
This reports identifies and summarizes specific
barriers to entry that are present in 2018 in California
cannabis. Barriers are divided into five categories:
• Timeline
• Local Policy Barriers
• State Policy Barriers
• Financial Barriers
• Cultural Barriers
February 19, 2018 - Page 11 of 36
These new rules are causing a significant
disruption in our small communities.
People can not afford legalization and
must leave. This is destroying our schools
and local commerce.
Mendocino County Cultivator
TIMELINE
The timeline for regulation in California is an
exercise in extremes. Medical cannabis was legal for
twenty years. Recognizing the emergency conditions
which had developed on the ground, a bipartisan
coalition of lawmakers supported by a broad
coalition of stakeholders from industry to law
enforcement came together to pass the MMRSA—
later amended to be the MCRSA. This legislation had
an expedited 2 -year timeline. Less than a year into
implementation of the MCRSA, the AUMA passed.
Leaving less than 6 months to develop regulations,
the AVMA and MCRSA were combined to form the
MAUCRSA in mid -2017.
Between pilot programs, shifting targets and
litigation at the local level, and changing legislative
requirements and authorities, the rollout of
regulations has been a non-stop process of new
deadlines and evolving requirements. This has
resulted in general confusion throughout the process.
This is a source of frustration for all businesses
owners but is also a significant barrier for small
businesses who don't have regulatory and
compliance staff.
But implementation will take time,
Senator McGuire said, asserting it will
take five years to bring 40 to 60
percent of the growers and other
businesses into the regulatory system
and it "will be tough " to get the
remaining 40 percent.
It may take law enforcement action to
either regulate the "criminal
element," he said, "or better yet, push
it out. "
"Its going to take a decade to dig out
of the mess we're in, " he said.
February 19, 2018 - Page 12 of 36
LOCAL POLICY
Since the passage of MMRSA in 2015, local
governments have slowly worked to determine
whether and how to regulate commercial cannabis
activity. Two and a half years later, progress has been
limited. Our survey of California counties,
summarized in the map at right, finds that only
thirteen of California's fifty-eight counties have
passed an ordinance to allow and regulate
commercial cannabis activity as of February 2018
(blue). An additional six counties are likely to pass a
regulatory ordinance in the near future (black), and
fourteen counties are studying the issue with the
intent to make a decision in 2018 (white). Twenty-
five counties currently have a ban on commercial
cannabis activity with no clear plan to reconsider the
issue (red).
The first chart on the following page shows this
information in a pie chart. The situation does not
initially appear so bad. However, when corrected
using our experience in other counties the situation
gets much more bleak.
In the 12 counties that have issued permits, they have
not been universally workable. Many grows, while in
permit counties, are in ban zones. Taking Humboldt,
Mendocino, Trinity, and Sonoma—four leaders at
the local level—we can estimate that only about 47
percent of growers in the county were eligible for
permits. The second chartshows the percentage of
growers after correcting for this trend—and
assuming the same rate of accessibility for the other
counties.
A handful of cities – concentrated in Los Angeles,
San Diego, the Bay Area, Sonoma County,
Sacramento, and the Palm Springs area – have also
passed ordinances allowing for indoor cultivation,
manufacturing, distribution, and testing. Generally
speaking, larger urban areas in coastal regions have
regulated commercial cannabis, while cities in the
February 19, 2018 - Page 13 of 36
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Figure 1. Estimated number of growers in each of the four
categories:
• Permits — 29,350
• In process —16,100
• Studying— 7,550
• Bans —15,150
Central Valley and mid-size cities in Los Angeles
County have, for the time being, passed bans.
We view the progress of these smaller cities, as well
as the twenty "swing" counties in this map - those
that are open to regulating but haven't yet done so -
as crucial. Most small and independent businesses
lack the capital and flexibility to move to a location
with a more liberal ordinance, and have few options
if their local governments decide to prohibit their
businesses. The systematic risk is that large
businesses with more flexibility will locate in a small
pool of friendly cities and counties, saturating the
regulated California market, while existing small
businesses will be left without a path to compliance.
If the current situation continues, the statewide
dynamic is likely to look very similar to the situation
prior to MAUCRSA's implementation. Practically
Estimated Percentage of Growers -
Organized by local Policy (simple)
Bans
In process
Permitting
W Studying
speaking, cannabis prohibition will continue in ban
counties, and operators in these regions will continue
to have the option to sell on the illicit market. Absent
local regulation that generates resources for
enforcement against non-compliant operations, rural
local governments - faced with a large number of
illicit operations, a sparse population, and an
expansive geography - will lack the resources
necessary to enforce against trespass grows,
cultivation on public land, and irresponsible
operations that damage wildlife and sensitive
watersheds.
Urban governments will find themselves in an
analogous situation, especially if they're located in
regions with widespread bans on commercial
cannabis activity. If widespread bans persist in these
areas, unregulated and residential cultivation and
manufacturing - with the attendant electrical, fire
code, and nuisance issues - are likely to continue, and
local governments are unlikely to have the resources
to effectively enforce their bans.
February 19, 2018 - Page 14 of 36
PERMIT LIMITS AND LAND USE
RESTRICTIONS
Simply being in a county that is issuing permits is not
a guarantee of success. will have the ability to
transition into the regulated market, even if they are
committed to compliance and have the resources to
obtain a state and local license. Some areas have set
a limit on the number of permits available: Trinity
County, for instance, has only accepted 500
applications, despite over 4,000 cultivators operating
in the county. San Luis Obispo County's ordinance
caps total cultivation operations in the county at 150,
despite several hundred known growers and possibly
a thousand or more.
Zoning restrictions can create similar, if more subtle,
barriers to entry. In Sonoma County, a ban on
cultivation in rural residential and agricultural
residential (RR/AR) zones has excluded over 3,000
cultivators from the regulated market. The charts on
the previous page illustrate the impact that land use
restrictions have had/ is likely to have on
participation in the regulated market if the counties
currently working on ordinances create similar
structures to those already in place.
In urban areas, zoning restrictions - combined with a
limited number of friendly jurisdictions statewide -
have resulted in severely inflated real estate prices
that price smaller businesses out of a chance at
compliant operation. Properties zoned for
commercial cannabis can be difficult to locate and
average between 25% and 50% over market rate for
non -cannabis activity. For smaller cultivators, it's
often difficult to locate industrially -zoned properties
that are appropriate for their size and meet their
budget.
For smaller manufacturers, shared space — such as
shared commercial kitchens — is crucial to reduce real
estate costs. Unfortunately, rules allowing for shared
use of space have been delayed, leaving many small
manufacturers unable to locate state -compliant real
estate during the transition period, even if they are
Estimated Percentage of Growers
- Organized by local Policy
(corrected for zoning restrictions)
Bans
■ In process
i Permitting
■ Studying
located in a jurisdiction like Oakland that explicitly
encourages the use of shared commercial kitchen
space. Developing regulation around shared spaces
as soon as possible is essential for hundreds of small
manufacturers to have a chance at compliance.
"Extreme zoning restrictions are making it
impossible for small cultivators and
manufacturers to participate in the
regulated market. We simply don't have the
resources to purchase million dollar
properties or lease at two and a half times
market value. The RR/AR ban has been a
disaster. "
-Pure Sonoma, Sonoma County
LOCAL, DELIVERY BANS
Access to the regulated market—both for consumers
and for producers—is a foundation of success in
California. The cumulative total of the local policy
patchwork is that many Californians don't have
access to regulated cannabis and access to shelf space
in the regulated market is highly controlled.
Historically, delivery services have been able to fill
this gap in the marketplace.
February 19, 2018 - Page 15 of 36
In 2018 it is estimated that as little as 25 percent of
the cannabis consumed in the state is purchased from
licensed retailers. Preserving access to retail is
critical to move sales and consumption out of the
unregulated market place and into compliance.
With the passage of MAUCRSA, the state legislature
took an enormous step forward by clarifying for the
first time that delivery services would have a place in
California's state regulatory system. To this point,
though, delivery has been underrepresented among
overall licensed retail. As of February 2018, the
Bureau of Cannabis Control has issued only 55
delivery licenses. 35 of those licenses - over 60% -
have been issued to delivery business in San
Francisco or Oakland. In LA County, only six
delivery services have been licensed, all in the city of
Lynwood. And the city of San Diego - one of the
largest markets in the state - has banned delivery
entirely, leaving dozens of existing businesses with
no path to compliance.
From a small business perspective, delivery services
have historically provided a far lower barrier to entry
to retail than storefront dispensaries. Delivery
services have much lower overhead and fewer land
use impacts than storefront dispensaries, allowing
businesses to participate in the market even with
limited capital and real estate access. They are also
crucial to ensuring that seriously ill patients who
have limited mobility, or who lack access to a nearby
storefront dispensary, are able to access cannabis for
medicinal purposes.
Hundreds of delivery services around the state will
be left without a path to compliance if the current
situation continues. Adding to the concern is that the
market effects of delivery permitting have a ripple
effect extending beyond the delivery services
themselves. A market built on a large number of
small delivery services rather than a small number of
large dispensaries can provide producers will more
entry points into the market, and consumers with
more options for retailers targeted to their particular
needs. Producers can organize in cannabis
cooperative associations to apply for delivery
permits, or form partnerships with independent
delivery services that are built to market their
specific products. By contrast, a market built on a
small number of retailers tends to demand
homogeneity and a simplified, consolidated supply
chain.
February 19, 2018 - Page 16 of 36
STATE POLICY
Given the complexity of regulating cannabis, it is no
surprise that there are a great many barriers identified
at the state level. This report focuses on priority
issues identified over the last several years.
DIRECT MARKETING
In 1976, California passed the Direct Marketing Act,
which enabled farmers to interact directly with
consumers through farmers' markets and CSAs. The
Direct Marketing Act has provided California's
small farmers with the crucial opportunities to form
face-to-face relationships with customers, sell at
higher retail prices, and encourage a culture of
conscious consumption.
Current California cannabis law does not make
analogous direct marketing opportunities available to
cultivators or manufacturers of cannabis. Instead the
regulations require multiple, costly steps in the
supply chain. This policy will have a profoundly
negative effect on the nature of the cannabis
marketplace if not corrected.
"Losing my ability to market directly to
patients means that special relationships
that we have formed are no longer
viable.
Consumers lost the ability to access
farm -direct medicine and farmers lose
the ability to deal directly with
consumers.
This loss is a cost both monetarily and in
the ability to represent a small brand that
lacks money for marketing. "
Happy Day Farms, Mendocino County
February 19, 2018 - Page 17 of 36
State cannabis event licenses — the powerful tool that
currently exists for businesses to interact directly
with customers — limit participation to retailers and
microbusinesses, and exclude cultivators and
manufacturers.
Many small operators have come to rely on the
ability to utilize events and direct -to -patient
transactions to cover the costs of running their
businesses. For the smallest operators, the
requirement to shift entirely into a segmented supply
chain (which includes lower margins because small
operators can no longer fulfill transactions
themselves) has potential to drive them out of
business.
Over the longer-term, access to direct marketing
opportunities will have a major impact on how the
cannabis market is structured. The existing
appellations program is designed, in part, to raise
consumer awareness about the unique production
methods, history, and culture of California's
cannabis -producing regions. Without access to direct
marketing opportunities, however, small operators
will find it far more difficult to build the relationships
and brand identities that characterize the craft and
organic markets for wine, beer, and local food. Direct
marketing allows small operators to bridge the gap
between the abstract categories created by
appellations and the day-to-day reality of cannabis
farming.
Direct marketing is also essential to even the playing
field between producers and retailers. Historically,
retailers have enjoyed major relative advantages in
the cannabis market because they were the only
formally permitted operators in the supply chain.
Today, retailers continue to enjoy structural
advantages:
• Every city and county that allows for storefront
retail operations imposes a strict numerical limit
on the number of permits available. As a result,
dispensaries are able to enjoy effective regional
monopolies that are not available to any other
license type. Delivery services and direct
marketing opportunities are the best antidote to
these monopolies, but neither are currently
available at a level that will make a major dent in
the problem.
Retailers are currently the only license type with
the ability to interact directly with consumers.
Retailers have the final say in which products
make it to market and are able to brand products
under their own name rather than a producer's
brand.
Building on other their advantages, retailers are
in a better position to vertically integrate
throughout the supply chain. Observers of the
California market, including Lori Ajax, have
pointed out that a shortage of licensed
distributors is a major threat to the success of the
regulated marketplace. These shortages are
exacerbated by the disproportionate dispensary
control over distributors: as is further discussed
in the "transportation" section below, 25% of all
distributors in California are controlled by a
dispensary permittee. As a result, the limited
distribution infrastructure that does exist is tilted
towards the interests of retailers rather than small
producers.
In other industries, the dominance of a small number
of consolidated retail -distribution operations is
increasingly recognized as a major problem. Writing
in the New York Times on the acquisition of Whole
Foods by Amazon, antitrust researcher Lina Khan
documents the ways in which consolidated retailers
have the ability to exert enormous pressures on
supplies without drawing antitrust scrutiny:
"Think of Amazon as a 21st -century version of the
19th -century railroads that connected consumers
and producers. Because of their gatekeeper role,
railroads had power to discriminate, both among
users and in favor of their own wares. These
middlemen could tax the farmers and oil producers
who depended on their rails — or deny them a ride
and sink their livelihoods... like the railroads ofyore,
February 19, 2018 - Page 18 of 36
Amazon dictates terms and prices to those dependent
on its rails. During negotiations with the publisher
Hachette over e -book pricing, Amazon showed its
might by effectively disabling sales of thousands of
Hachette's books overnight... By bundling services
and integrating grocery stores into its logistics
network, the company will be able to shut out or
disfavor rival grocers and food delivery services. "
While there is not yet an Amazon of cannabis, small
and independent cannabis producers have long
understood the way in which these "gatekeeper"
dynamics. In the "collective model" the small
handful of locally permitted dispensaries in the state
were able to exercise a "gatekeeper" type of control
over the market.
It is ironic that some of the folks who say
the acreage cap is "un American "
because it limits the free market are the
same folks supporting caps on retailer
permits.
Humboldt County Cultivator
As the California cannabis market takes shape, direct
marketing is one of several policies that can help
ensure a level playing field. Since well capitalized
businesses are now able to vertically integrate they
are able to gain a clear market advantage over
smaller growers. Policy makers must ensure that
small operators can holder their own against large,
vertically integrated businesses.
TRANSPORTATION
Many of our members are struggling with serious
difficulties in arranging for transportation. From seed
to sale, a given cannabis product is likely to pass
though at least five, and sometimes more than ten,
separate licensed businesses. At each step in the
supply chain, the product must be transported by a
licensed distributor. A shortage of licensed
distributors acts as a brake on the entire supply chain,
resulting in severe bottlenecks.
Currently, there are approximately 200 distributors
in the state licensed to carry product from about
1,100 licensed cultivators and 500 licensed
manufacturers to about 380 licensed retailers. In
practice, though, the transportation shortage is more
severe than these numbers would suggest.
We conducted a review of the 192 full-service
distribution licensees as of February 2018 and found
that at least 133 of them (69%) could be confirmed
as controlling at least one additional non -distribution
permit. Of the 192 total permits, 28% were controlled
by a manufacturer; 25% were controlled by a
dispensary; 9% were controlled by a cultivator; 3%
were controlled by a delivery service; and 4% were
controlled by businesses that possessed multiple
permits throughout the supply chain. In many cases,
vertically -integrated businesses in this category are
concerned primarily with transporting their own
product, and don't substantially add to the
transportation capacity of the supply chain as a
whole.
By comparison, only 59 distribution permits (31 %)
were controlled by a business that appeared focused
on distribution only, though in reality this number is
probably somewhat smaller due to the difficulty of
verifying cross -licensure.
The concrete impact of these imbalances can be
better understood by focusing on the regional level.
In Humboldt County, there are currently nine
independent distributors and seven distributors
connected with another business. There are four
additional transport -only distributors, all controlled
by a cultivation or manufacturing business. These
twenty businesses - many of which are not scaled to
transport other licensee's products - are collectively
responsible for conducting all transportation among
approximately 300 CDFA licensees and 40 MCSB
February 19, 2018 - Page 19 of 36
licensees in the county. This imbalance creates
supply chain issues, not only for producers, but also
for distributors who are focused on quality assurance
and marketing, and whose business model is not
focused on facilitating thousands of small-scale
transportation transactions.
To address transportation capacity issues, the Bureau
of Cannabis Control created a transport -only
distribution license in their emergency regulations.
In theory, this license was intended to decrease the
barrier to entry for day-to-day transportation, while
leaving fully licensed distributors free to focus on
quality assurance, storage, and testing. The BCC
also created a subtype of the transportation -only
license — the self -distribution license — in order to
make transport -only available as an accessory
license for a licensee whose main focus was in
cultivation or manufacturing.
"Having to have a separate premise just
to get a transport only license is making it
impossible for the small operators. "
Pure Sonoma in Sonoma County
We believe that transport -only licenses should be
easily accessible to any non -retail cannabis business
that has a reason to obtain one. Currently, however,
cannabis businesses are finding it extremely difficult
to obtain a transport -only distribution permit: only
about fifteen have so far been issued by the state,
mostly to larger businesses. Some of these barriers
stem from local governments, which were not aware
that a transport -only license would be included in
state regulation until December 2017 and have been
working to update their ordinances to authorize
transportation.
More important barriers, though, stem from the
regulations surrounding the license itself:
• Transport -only licenses currently must be based
in a separate premise from any other licensed
activity. There is widespread confusion over the
what type of "premises" is necessary for
transportation -only licenses, since
transportation -only licensees are not authorized
to store cannabis and have no other reason to
obtain a physical location. At the minimum,
producers should be able to cross -license their
licensed premises with a transport -only permit.
More broadly, though, there should not be any
state -level restriction on the type of physical
premises allowable given that transport -only
activity has no land use impact. Regulations
"Self -distort, transport only licenses
require a physical address, security
plan, etc. For a farmer who only
intends to harvest their crop and drive
it to a processing facility (because the
farm does not have buildings
allocated to the cannabis operation)
this is excessive and unnecessary
overhead. This license should be an
'add on' for cultivators and
manufacturers that allow them to use
existing space. "
Fiddler's Greens in Sonoma County
written to apply to premises where cannabis is
stored - notably Sections 5044 and 5047 of the
BCC regulations, which mandate video
surveillance and alarm systems on all licensed
premises - should also not apply to a
transportation -only licensee.
• The Bureau should clarify that a transport -only
licensee is authorized to arrange for non -certified
testing. Current regulations prohibit
transportation -only licenses from arranging for
testing; this is consistent with the legislature's
intent in requiring only full-service distributors
to arrange for certified testing, but implies that
February 19, 2018 - Page 20 of 36
non -certified testing is also prohibited. As will be
further discussed in the next section, reducing
barriers to non -certified testing is essential for the
supply chain to function properly, and transport -
only licenses are well-equipped to perform this
function.
• Transport -only licenses are currently required to
hold the same $2,000,000 insurance policy as full
distributors. Insurance requirements should be
lowered for transport -only licenses that are
carrying smaller amounts of product, especially
if they qualify as "self -distributors" under the
Bureau's classification.
• The state should consider legislation to allow any
licensee to transport less than one ounce of their
own flower or less than eight grams of their own
concentrated cannabis without a transportation
permit. This small-scale transport would still
need to be entered into track -and -trace and could
only be transported to another licensee's
premises, but should not require any separate
licensing fees or regulations given that any
person over 21 in California is already authorized
to transport these amounts. An exception along
these lines would enable a licensee to arrange for
small-scale non -certified testing, or provide
samples to another licensee, without jumping
through additional hoops.
TESTING
Barriers involving testing have emerged as a major
barrier for many of our members. These include:
1. A shortage of licensed testing laboratories —
under the state -mandated supply chain,
laboratories are one of two major choke points
that every batch of cannabis product must pass
through before sale by a retailer. Currently,
however, there are only 22 licensed testing
laboratories statewide.. Testing prices have
increased five to ten times from pre -January
levels due to the large quantity of tests running
through a small number of laboratories, and
turnaround times have increased substantially.
2. A shortage of licensed distributors – each batch
of cannabis must be transported to a laboratory
by a state -licensed distributor. As described
above, there is a statewide shortage of
distributors, especially given that transportation
to laboratories is only one of many tasks that
distributors are required to perform.
3. Difficulty in arranging for non -certified testing -
under state law, testing is only required
immediately prior to retail sale once a product is
in its final packaged form. Practically, however,
there are important reasons for cultivators and
manufacturers to arrange for testing earlier than
this. From a cultivator's perspective, non -
certified testing is necessary to establish that a
product is safe when it leaves the farm; from a
manufacturer's perspective, it's necessary to
ensure that contaminated inputs will not cause
their products to fail testing down the line.
Arranging for non -certified testing should be
relatively straightforward, since it requires only a
small sample of cannabis to be transported to a
laboratory, and is conducted for informational
purposes only. Under current regulations, though, the
process is onerous. As with certified testing,
cannabis samples destined for non -certified testing
must be transported by a licensed distributor and
tested by a licensed laboratory. To help resolve
transportation bottlenecks, the Bureau of Cannabis
Control has created a distribution transport -only
license; unfortunately, 5315(g)(3) of the BCC
regulations arguably prohibits these licensees from
arranging for testing. These difficulties compound
the gap between the licensed supply chain's capacity
and the demands placed on it.
Importantly, the impact of non -certified testing on
the supply chain has not been specifically recognized
in current law or regulation. The Standard
Regulatory Impact Analysis, which estimates that
testing costs will increase between five and ten times
February 19, 2018 - Page 21 of 36
from pre -regulation levels, did not take into account
that this price increase would be assessed over many
different non -certified tests, and not only the certified
test prior to retail sale. Further, current regulation
does not make any specific provisions for non -
certified testing.
Together, these testing burdens create perverse and
unintended incentives: to avoid excessive testing
costs, some smaller producers been pushed towards
monocropping or consolidating production into
larger batch sizes. These practices create harms for
both cultivators and consumers. From the
cultivator's perspective, it becomes more difficult to
produce a diversity of strains that the market
demands, and the push towards larger batches
decreases quality. From the customer's perspective,
choices and quality are reduced. The most severe
impacts are on patients who require access to specific
strains to treat their medical conditions: the more
cultivators are incentivized to consolidate strains and
batch sizes, the less access these patients will have to
specialty strains.
WATER RIGHTS AND WATER STORAGE
Environmental protection is a fundamental part of
the regulations. Growers are being held to 21"
century standard of water diversion and—for the
most part—they support it. In order to comply with
these regulations many are installing storage and
irrigating using stored rainwater. This can be a
The underlying reality is simple: water
in California is scarce in the dry
season and abundant in the wet
season. Cannabis cultivators need to
store abundant rainwater so they can
minimize the impact of dry -season
irrigation. Implementing policies that
match that reality is less simple.
complicated process and many unregulated growers
have installed unpermitted ponds.
The establishment of a new "Small Irrigation Use
Registration" is a step in the right direction and
should be celebrated as one of the biggest
accomplishments of this regulatory process. More
can be done on this line of policy development. A
micro -irrigation permit is a worthwhile thing to
consider as many of the smallest operators use
significantly less than the 20 acre feet allowed by the
SIUR.
Unfortunately, the water regulations were developed
using incorrect information, as outlined earlier in this
report. Accordingly, these requirements are an
unnecessary barrier to entry—especially severe for
specialty and cottage growers. The state should
revisit the water conversation as new data become
available and ensure that water resources are being
protected without causing unnecessary harm to
cultivators.
DIVERGENT ADULT -USE AND MEDICINAL
PRODUCTION MARKETS
Our members are strongly supportive of divergent
adult -use and medicinal markets at the retail level.
However, many of our members are concerned about
this divergence at the production level, especially
once the current six-month grace period allowing A
and M licensees to transact with each other expires.
The distinction between A and M production licenses
will add substantially to many start-up costs
including licensing, transportation, and testing fees.
As long as licensees are incentivized to obtain both
licenses to retain flexibility in the marketplace, the
state's attempts to keep regulatory fees low will not
be successful. Divergent production markets also
create difficult planning decisions for farmers, who
will need to determine in advance what proportions
of their licensed premises need to be licensed as A or
M. Incorrect decisions may result in farmers unable
February 19, 2018 - Page 22 of 36
to move their product through the supply chain, or
being forced to sell at lower prices.
Divergent A and M markets at the production level
are intended primarily as a hedge against federal
intervention. With the Cole Memo rescinded and the
future of the Rohrabacher-Blumenauer amendment
in constant doubt, however, there is less and less of a
confidence that small legalistic distinctions will tilt
the scales towards federal intervention against
activity that is, at the end of the day, federally
prohibited.
Instead, the best hedge that California has against
federal intervention may be to ensure that its rules are
built to encourage a well -regulated, smoothly -
"The separation of medical and adult use
products is going to be labor intensive and
expensive for producers, with no added
benefit. It puts my business in a unique
position because we primarily make non -
psychoactive products focused on
health/wellness and would prefer to
continue to support those patients who go
through the effort of getting a medical card
and can save the sales tax.
Unfortunately, I don't expect that we'll be
able to meet the costs associated with
managing a 'medical' line and an 'adult use
line' without driving costs for both up
considerably which defeats the purpose of
patients getting the medical card. A better
solution would be to allow producers to
make one product line, and allow retailers
to discount the sales tax at the register if the
patient has a medical card. "
Fiddler's Greens in Sonoma County
operating marketplace that allows good -faith
operators to comply with state rules.
While continuing to track federal developments, the
state could allow producers to obtain a single state
license that would authorize them to participate in
either the A or M market, as per their local
authorization.
MICROBUSINESS
In the run-up to the vote on Proposition 64,
microbusinesses were frequently cited as a key
provision protecting the competitiveness of small
and independent businesses. In an interview with the
Santa Rosa Press -Democrat, Lieutenant Governor
Gavin Newsom "disputed the contention that
Proposition 64 opens the door to a commercial
marijuana boom," citing the microbusiness license
and comparing it to a "craft brewery." LA Weekly,
referencing "mom-and-pop growers [who] are
known for their dedication and expertise in
horticulture" quoted a cannabis attorney as
suggesting that Proposition 64 would offer
protection by prohibiting "large-scale cultivation for
the first five years of the program, in order to offset
monopoly interests," while "smaller operators can
get a microgrowers licenses (such as for a bud -and -
breakfast with on-site cultivation), which is meant to
encourage small businesses."
Despite these intentions, the microbusiness license
has largely not achieved its stated goal in reducing
barriers to entry over the first two months of the
regulatory program. Of the 52 microbusinesses
issued statewide as of February 2018, 36 are located
in the Bay Area or Los Angeles. Only 10 licenses
have been issued in rural areas, most connected with
dispensaries located in town, and only three have
been issued on the north coast: two in Arcata, and
one in Ukiah.
One likely reason for this discrepancy is that the
microbusiness license is housed under the Bureau of
Cannabis Control, which regulates retailers, rather
February 19, 2018 - Page 23 of 36
than CDFA, which regulators cultivators. As a result,
certain microbusiness regulations have been
formulated with retail rather than agricultural
dynamics in mind. These regulations have
contributed to the current situation, in which the
microbusiness license operates more as an outlet for
retailers who want to produce, rather than producers
who want access to retail. So long as this remains the
case, the microbusiness will serve largely to
streamline licensing for larger urban retailers while
doing little to help smaller producers in
disadvantaged rural areas.
REGULATORY CONFUSION
In our survey of membership, 57% of our members
indicated that lack of clarity on regulations and
compliance was either a "significant" or `Very
significant" barrier to entry. The incredible volume
of regulation is part of the issue: the CDFA, BCC,
MCSB, Water Board, CDFW, CDTFA, OSHA, local
building and fire code, and local regulatory and tax
ordinances all have at least some rules which apply
to any given business. Cumulatively there are
hundreds of pages of relevant regulations, most of
which are only months old, and even full-time
attorneys and consultants — not to mention the
regulatory agencies themselves — are having trouble
keeping up.
Informational efforts by public agencies can go a
long way in streamlining the compliance process for
small businesses. Consultants and attorneys are often
a major cost for small businesses, and bad
information can lead to misspent resources which are
difficult to recover. To the extent that information is
accessible mostly through private channels,
compliance will be far more difficult for independent
businesses.
The three core regulatory agencies have taken
positive steps towards making information clearer
and more widely available: the Bureau's recently -
released fact sheets on collectives and temporary
events, for example, were widely shared across
social media and helped to address substantial
ambiguities in law and regulation. Additional
outreach of this type would go a long way in
addressing ambiguities that continue to exist. This is
especially true for auxiliary agencies, like OSHA,
which are not heavily involved in cannabis -specific
regulation but which are involved in regulation of
cannabis businesses
We also have some concerns about the agencies'
current practice of responding to compliance
primarily through email. Overall, agencies have been
responsive through email, and the openness of the
process has enabled our members to receive timely
answers on a number of uncertain issues. The process
could be improved, however, by making these
written clarifications publicly available. If agencies
are able to arrive at enough internal consensus to
clarify a regulation in writing, we feel that it's
appropriate to post these answers publicly, and not
only in a private email.
Finally, the division of responsibility between
CDFA, BCC, and MCSB has created difficulties in
ensuring that agencies remain on the same page. Our
members have sometimes received contradictory
answers to questions from different regulatory
agencies, and we are aware of at least one case in
which an agency conducted an enforcement action
based on a misinterpretation of another agency's
regulations. Clear lines of communication between
regulatory agencies can help to resolve these
problems.
STATE PERMIT PROCESSING
As of February 2018, there is a major backlog of
temporary permit applications that have yet to be
processed or approved by state agencies. There has
been a lack of transparency regarding which permits
are processed first and why; in our experience,
processing has not been "first come first served" and
has not followed any other obvious pattern. Some
February 19, 2018 - Page 24 of 36
members have been left waiting on temporary
permits for months despite paperwork which is fully
in order.
Delayed permitting can have make -or -break impacts
for businesses which are dependent on cash flow,
rather than investment capital, to keep their
operations above water. As spring approaches, it is
absolutely essential that every business that is in
compliance with temporary application requirements
receive a permit as soon as possible.
Many growers are facing significant delays in the
application process. This is absolutely devastating
from a cash flow perspective as business accounts
dwindle because product is unable to move in the
supply chain. This problem will especially severe for
growers who are forced to miss a season because of
processing delays. Especially vulnerable are outdoor
growers who only have 1 harvest cycle per year. If a
delay in processing causes them to miss a year, the
outcome would be catastrophic.
"... the fees and application processing
times should be dramatically reduced. "
Cultivator, Humboldt County:
FINANCES
Many of the financial barriers stem from a lack of
access to financial institutions. Without access to
basic small business development resources and
loans, our members are forced into subpar
relationships with investors—if capital is even
available. This approach to the business of Cannabis
is not good for California.
As the state works to solve the banking crisis it is
critical to the success of hundreds—if not
thousands --of businesses to extend small business
development resources, especially low interest loans.
It is not operational inefficiencies that threaten small
businesses --rather it is one time costs of regulations.
Larger entities can distribute these one time costs
over more volume of product or transactions in a
shorter period of time. The smaller the business the
more intense and severe the impact will be.
"Problem number 1 is over taxation. "
Los Angeles Retailer
TAXES
Taxes were identified as the single greatest barrier to
entry for small businesses in our survey of CGA's
membership. The perception of our members reflects
what we view as a more general consensus that
current cannabis tax policy is propping up the illicit
market, preventing compliance from good -faith
operations, and contributing to price increases for
patients and consumers.
State tax policy cannot be considered in isolation
from local and federal tax policies. At the federal
level, tax policy is designed to be punitive: IRS
Section 280E prohibits cannabis businesses from
taking normal deductions for business expenses,
producing an effective federal tax rate that can
exceed 60%.
February 19, 2018 - Page 25 of 36
At the local level, many governments have passed
"gross receipts taxes" that are assessed on revenue at
each step in the supply chain. Because they are
reassessed on each step in the supply chain, gross
receipts taxes can have a much greater impact than
they appear to at first glance: a seemingly modest
gross receipts tax of 5% can easily exceed a 25% tax
on final product when its cumulative impact on
cultivators, manufacturers, distributors, laboratories,
and retailers is taken into account.
Accounting for local taxes – which are often ignored
in comparative tax analysis – we estimate that
California's cumulative state and local tax rate for
adult use cannabis is, on balance, the highest in the
country. The higher variance in California's tax rate
stems from the substantial variation in local gross
receipts taxes, which is not present in other states.
Washington and Nevada localities don't levy special
local cannabis taxes; some Colorado localities have
tax rates, but smaller ones (the figure here is for
Denver, where most cannabis activity occurs); and
Oregon caps local tax rates at 3% and allows them to
be assessed on retail only.
State
Estimated Effective
Tax Rate
California
Washington
40-60%
45.87%
37.15%
Colorado
Nevada
33.1%
Oregon
18%
This is particularly concerning because, at the outset
of regulation, California has the strongest incentives
to bring large numbers of existing, smaller operators
into compliance. The state with the closest
similarity to California in this respect — Oregon —
has a substantially lower tax rate.
"[Current policy] makes demands of the
market that no market can sustain... the
ludicrously convoluted, complicated and
exorbitant tax/fee structure very
effectively prevents the entry of any small
business into the market... "
Humboldt County Cultivator
State government does not control the entirety of the
cumulative tax rate, but is the only actor with the
flexibility and interest to reduce the tax rate to a level
that achieves the consensus goal of increasing the
size of the regulated market. Addressing this
disparity between the illicit and regulated market is
crucial to the regulated system's legitimacy at every
level, including businesses, consumers, and federal
government observers.
In addition to a reduced state tax rate, it's crucial that
the state address the burdensome logistics of tax
collection, which currently fall disproportionately on
producers who are responsible for remitting and
transferring the cultivation tax. After a batch of
cannabis leaves the cultivation site, the cultivation
tax is required to follow each batch of cannabis
throughout the supply chain. If the batch is
transferred directly to a distributor for final retail
sale, the logistics are not especially complicated.
More often, though, a cultivation batch will pass
through multiple points in the supply chain before
it's transferred to a distributor for final retail sale. A
given cultivation batch might pass through a
processor, a manufacturer specializing in extraction,
and a manufacturer specializing in infusion prior to
entering the commercial market. In another industry,
the tax payment would transfer electronically and
February 19, 2018 - Page 26 of 36
seamlessly through each business. In a cash -based
industry, however, physically moving a cash -based
cultivation tax through each point in the supply chain
is a major logistical project and a substantial security
risk.
Further, despite efforts to reform and streamline
collection of the cultivation tax, many cultivators are
currently required to remit taxes as soon as a product
moves up the supply chain; that is, potentially well
before cannabis is tested and cleared to enter the
commercial market. The result is that cash-strapped
farmers are required to pay their taxes well in
advance of a sale, while better -capitalized retailers
are only required to remit excise tax to a distributor
within ninety days following sale.
Finally, while not strictly a barrier to entry, there is
strong sentiment among our members that products
donated for the benefit of severely ill patients should
not be subject to cultivation or excise tax. While the
BCC has provided a formal avenue for
compassionate use donations in their emergency
regulations, this avenue will be far too expensive for
most businesses to pursue so long as donated
products are taxed at the average market wholesale
price. The moral legitimacy of the regulated market
rests on ensuring that regulated cannabis makes
medicine more — not less — accessible to patients with
serious medical need.
The state is over charging Mom & Pop
businesses with fees and licensing. To
grow our economies, we must start with
small businesses. That is the best way to
drive out the illicit market.
Los Angeles Retailer
TIERED LICENSES FEES AND
REQUIREMENTS
The original MMRSA contained language that
ensured that fees would be tiered based on the size of
the business. We are pleased to see this implemented.
This concept could be expanded to apply to other
costs and requirements. From taxes to insurance and
bond requirements, there are several specific
strategies that could be considered.
Generally, this concept should be applied as broadly
as possibly as it can be a powerful leveler.
NO ACCESS TO LOANS
Unlike nearly every sector of our economy, cannabis
business owners don't have access to ag loans or
small business loans. This is a significant barrier. The
only capital coming into cannabis is driven by the
feverish promises of the green rush. Speculation is
rampant; expected returns are unrealistic.
While the focus of the banking crisis is often on
public safety impacts of concentrations of cash, the
inability to access loans is hurting a lot of business
owners.
"[There are] extreme regulations for
commercial cannabis that are not applied to
any other type of agricultural activity...
Many need access to a bank loan to be able
to develop the infrastructure required in
order to grow outdoors. Without access to
such loans there is no way to move
forward. "
Canna Code Compliance, Sonoma County
February 19, 2018 - Page 27 of 36
ADDRESSING LEGACY LAND USE IMPACTS
Unlike other farmers, cannabis growers are expected
to address all historic land use impacts.
Specifically, prominent in the history of cannabis in
California is the collapse of the timber industry.
Unregulated until the 1970's, industrial timber has
permanently changed the face of our state. When this
industry collapsed after all the old growth had been
cut, there were thousands of cheap acres on the
market.
Infrastructure was shoddy, subdivisions were
sometimes out of compliance with codes, and these
acres were rural and remote. A great place to escape
from it all, as many did in California through the 60's
and 70's.
It turned out these acres were also great places to
grow cannabis- both for the diversity of micro
climates and also for the ability to hide from law
enforcement agents, intent on enforcing the baseless
policy of prohibition.
Expecting small farmers with tiny footprints to
address decades' worth of industrial scale landscape
level impacts is unreasonable. However, cannabis
growers largely do not oppose the requirements—we
are only asking for the same thing others have:
reasonable timelines, access to financial resources
and technical support, and the ability to continue our
operations while we clean up the mess provided we
stop contributing to the mess.
There is an amazing opportunity for collaboration
here. The stewardship ethic of cannabis growers has
deep roots. With better information and better
partnerships between regulator and regulated
cannabis can help heal many damaged watersheds.
CULTURE
There is a rich cultural heritage of Cannabis in
California. The roots of this culture extend to our
states early days, and cannabis even played a
prominent role in our history even prior to statehood.
Drawing on many sources, from Latino culture, the
back to the land "hippies" of the 1960's, the
"compassionate capitalists" of Prop. 215, to the
recent infusion of more mainstream business people
and the tech industry, all with a flare for global
diversity.
The heritage of cannabis is truly a California
treasure. However, for much of modern times
cannabis has been the source of great conflict, with
our communities even ending up the target of a "war
on drugs."
PREJUDICE AND MISINFORMATION
The subject of multi-decadal misinformation
campaigns, cannabis and the people who use it, grow
it, or sell it have long been treated with prejudice.
This prejudice continues today and is a significant
factor in shaping the policy landscape, especially at
the local level. Policy makers should consider
cannabis in a similar manner to other land use
impacts except when obvious evidence exists to treat
the crop differently.
OFF GRID LIFESTYLE
It is estimated that as many as 30 percent of the
growers in the state live off the grid—or at least of a
grid. Cultivation often occurs in rural communities
where:
• Cell phone service is limited
• Internet is limited
• Electricity is not available
• Water is provided locally
February 19, 2018 - Page 28 of 36
"Now that we're in 2018, the inability to
transport my product will likely be an issue
for me later in the year. I'm hoping that
the BCC removes the application of the
Distribution security requirements from
the transport only license. As an off -grid
farmer, it is impossible for me to maintain
security cameras. "
I
Happy Day Farms in Mendocino County.
Many of the regulations assume reliable electricity
or broadband. This is a significant barrier for many.
Great care must be taken to accommodate these
vulnerable and disadvantaged business owners. This
must be a focus of Track and Trace as the program
is unveiled.
MISTRUST: DRUG WAR LEGACY
For years growers have been on the wrong side of the
war on drugs. Trust issues run deep. Survey data
indicates that 20% of our members have been in the
business longer than 20 years, meaning they were
operating before medical cannabis was legalized in
1996.
For those drug war veterans trusting the government
does not come naturally. The nature of the transition
we are going through demands some degree of
sensitivity to this legacy. It is important in all things
that government conducts itself in a manner that
commands the respect of the people; it is especially
important when it comes to regulating cannabis.
I told you they were just gonna take all
our money and then allow corporations
to come in and push us out.
Cultivator, Humboldt County
A DISREGARD FOR THE LAW
Whereas the cannabis movement was built on a
disregard for prohibition, today some are building
their business models based on a disregard for the
intent of the law.
The well capitalized insist that for every protection
there is a loophole. For every step the legislature has
taken to level the playing field the in the business
community have hired lobbyists and attorneys to
help devise loopholes and workarounds. Simple rules
and robust protections are likely to attract the
broadest possible participation and compliance.
BUSINESS ACUMEN
Good farmers are not necessarily good at business.
This is especially pronounced in cannabis, a
marketplace where keeping minimal records has
long been a key to success. There are several ways to
overcome this barrier. Some businesses will scale up
and bring on management teams. This option is only
available to well capitalized, growth oriented
businesses.
Other businesses will contract with bookkeepers and
accountants. These professionals have only recently
begun to development cannabis departments and
there is still a shortage of experienced contractors.
Business acumen is not a scarce talent—thousands of
businesses comply with California regulations every
day. However, in the short term these skills are hard
to come by in cannabis, simply as a function of the
emerging nature of the regulations. With less than
two months separating the release of emergency
regulations from the issuance of the first state
licenses, only full-time attorneys and consultants
have been in a position to fully absorb the new rules.
Finally, other businesses will build on a longstanding
do-it-yourself culture of cannabis. When a new
requirement comes online, a business owner will
learn a new skill and adapt. Given the magnitude of
the regulatory changes taking place, many business
February 19, 2018 - Page 29 of 36
owners are overwhelmed and need more time to
implement this strategy.
COTTAGE BUSINESSES
Cottage businesses are important and unique
component of California cannabis.
These businesses are so small that they are only able
to generate subsistence or supplemental income.
These businesses often fill a critical gap in our
economy, functioning as a private sector social safety
net.
The cost of losing these businesses will be significant
and policy makers should explore all options to help
these businesses succeed—or prepare for the fallout
of their failure.
The challenges of regulating these businesses are
especially significant. These grows are often in
residential zones, so issues related to smell and
public safety often drive policies that act as barriers.
The cottage cultivation license, established in 2016
with the passage of AB 2516 provides a starting point
for conversation for growers. More needs to be done
Myself and thousands of other growers
were doing well enough with our home
grows
We the community of the real people who
built this are not justgoing to go away. I'm
in my 40's and I've been doing this since I
was young.
We are small family businesses that have
paid our bills and put our kids through
college growing herb and now that just
doesn't end.
We need a way to become legal operators.
Ventura County Cottage Cultivator
to streamline requirements to reduce the unnecessary
burden of regulation for cottage growers.
More needs to be done to help cottage manufacturers
overcome real estate barriers. Often times a small
scale manufacturer only needs production space a
day or two per week; allowing such businesses to
share facilities would create significant opportunity.
Cottage retail businesses may be able to transition to
delivery services if policies were modified to allow
for clustering. Also, expanding event opportunities
would help startups get established in retail.
THE CRIMINAL ELEMENT
Some growers commit a crime—like trespassing or
growing on public land—in the process of producing
cannabis. The criminal activity is a barrier to entry
and in order to participate in the regulated market the
criminal activity must cease.
Some growers have no intention of getting licenses.
They have chosen their lifestyle. Enforcement is the
proper tool for these folks.
However, continuing to treat good -faith cannabis
growers and business owners as criminals will have
negative impacts on the transition process. As this
report demonstrates, there are many reasons why
good -faith operators may be unable to enter the
regulated marketplace. The state should do
everything in its power to ensure that these business
owners have a path to legality, rather than relying on
law enforcement action.
February 19, 2018 - Page 30 of 36
For things to work out much more smoothly the state needs to have a
dialogue with community organizers who are making a difference in the
Cannabis communities. Change starts from the grassroots not from
those in the clouds.
California Minority Alliance
Improving the situation
The purpose of this report is not simply to identify
and describe the challenges that are threating many
small businesses in our state. Rather, this report is
meant to provide information and context to
empower policy makers to help improve the
situation. Reducing barriers to entry into the
regulated cannabis marketplace for cottage,
specialty, and small businesses is a practical,
economic, and moral imperative.
CLOSE THE LOOPHOLES
The MAUCRSA is a composite of the MCRSA
(passed by the legislature) and the AVMA (passed by
the voters). Throughout the development of the
MCRSA, policy makers sought to provide for a level
playing field. One key provision of the AUMA was
the five-year delay on the issuance of large scale
cultivation licenses.
Based on an understanding that the transition to
regulation would be an intensive and costly process,
the five-year delay was a hard fought compromise.
Prop. 64 was amended after it was initially filed to
include the provisions. The five-year transition
period was not meant to "prop up inefficient
businesses," as some large, well represented
businesses have claimed. Rather, it was meant to
allow smaller producers to get a foothold in the
marketplace.
February 19, 2018 - Page 31 of 36
As this report demonstrates, one time regulatory
costs are the primary barrier to entry.
Unfortunately, the Department of Food and
Agriculture has adopted regulations that are
inconsistent with the intent of state law. The
emergency regulations that were adopted allow a
business to obtain an unlimited number of small
licenses and operate them currently, effectively
rendering the acreage cap moot.
Not issuing licenses larger
than 1 acre while allowing a
grower to obtain unlimited
small licenses is like setting
a daily purchase of limit of
one ounce—then allowing a
consumer to purchase
unlimited grams. It simply
doesn't make sense.
PRIORITIES AT THE STATE LEVEL
The State Legislature has broad authority to amend
Proposition 64. Section 10 of the initiative provides
that:
"The Legislature may by majority vote amend the
provisions of this Act contained in Sections 5 and 6
to implement the substantive provisions of those
sections, provided that such amendments are
consistent with and further the purposes and intent of
this Act as stated in Section 3."
Section 3 states that "It is the intent of the People in
enacting this Act to accomplish the following... (x)
Reduce barriers to entry into the legal, regulated
market."
There is no shortage of actions the legislature can
take to reduce barriers and improve the situation for
thousands. In fact, there are so many things that
could be done, it can be hard to determine where to
start.
DIRECT MARKETING
Create a temporary state license authorizing
cultivators and manufacturers to engage in direct
sales at special events.
TRANSPORTA'T'ION
Ensure that the Transport -Distribution license is
obtainable by all—especially the smallest
businesses. The ability to get product to the point of
first processing will be make or break for many
farmers.
TESTING
Current testing requirements are unnecessarily
costly, especially for small batch producers. Allow
for compositing of batches to reduce cost of
compliance.
February 19, 2018 - Page 32 of 36
I COTTAGE BUSINESSES
Thousands of cottage businesses are facing a
challenging transition. Allow for shared premises,
especially shared kitchen and manufacturing space
to provide maximum opportunity.
TAXES
California's cumulative state and local tax rate for
cannabis is the highest in the country. The tax rate
should be reduced, and collection of taxes should be
streamlined to reduce the burden of all-cash
transactions.
PRIORITIES AT THE LOCAL LEVEL
In many ways the future of cannabis in California
will be decided at the local level. With such a diverse
patchwork of regulations the specific priorities will
be highly varied. However, there are few priority
strategies to consider.
START SMALL.
Due to their limited size, cottage businesses are
naturally unattractive to criminals. They are also less
likely to cause nuisance impacts with neighbors.
Some counties fear or have experienced a "land
rush." Bringing rapid changes in population and
demographics, this phenomenon results from local
policies that provide for rapid growth and expansion
of the local industry.
This outcome can be avoided by implementing an
ultra -cautious "cottage only" strategy. A cautious
strategy might include only specialty scale growers,
while more moderate ordinances might include small
grows, and the more liberal including mid-sized and
eventually large grows.
By limiting the size of the businesses that operate,
local governments can also take a bite out of violent
crime. Smaller businesses inherently have less cash
and inventory on hand making for less attractive
targets for violent criminals.
CLUSTERS AND COOPERATIVE.
Explore options for incentivizing "cannabis
complexes" composed of many small businesses -
the most effective solution for urban real estate
issues, to this point, has been projects that subdivide
a larger green -zoned parcels into many smaller
premises. Delivery services, non-volatile
manufacturing operations, processing and packaging
facilities, and small indoor cultivators typically
require only a few hundred to a few thousand square
feet of space and are ideally suited for these types of
facilities.
February 19, 2018 - Page 33 of 36
For jurisdictions with high densities of problematic
grows—such as those sited in high density
residential areas with smaller parcel sizes—
clustering can be a great strategy. Essentially this
strategy involves incentivizing growers to relocate
grows to more appropriate areas.
In Humboldt County growers were granted a density
bonus. In more cautious counties simple having a
pathway to a permit may be enough of an incentive.
Clustering activities can help reduce nuisance
impacts from smell or sight, but because of the
increased concentration of inventory and commercial
activity, it may increase the risk of property crime.
It is important to keep in mind that these types of
strategies work best when they provide opportunities
for most or all of the inappropriately sited growers to
transition. Accordingly, counties should be familiar
with Chapter 22 of the MAUCRSA and should
consider requiring cooperative ownership of cluster
type facilities.
OVERLAY ZONING AND SPECIAL
DISTRICTS
Local governments should consider the use of
inclusionary or exclusionary zoning, as well as the
formation of special zoning districts to either allow
for or prohibit cultivation based on neighborhood
values. Elections should allow for the residents of
these areas to have a direct say in the development
and implementation of such tools.
EXPANDED LIST OF PRIORITY ISSUES
This expanded list reflects a brainstorm from within
our membership about possible strategies to reduce
barriers. We propose the following as a starting point
for dialogue. The list is not comprehensive as it is a
certainty that more barriers and solutions will
continue to be identified.
We are publishing this list for the purposes of
stimulating dialogue on the important subjects
covered. We encourage both additions to this list or
concerns related to these policies to be sent to
policy_(a),cagrowers.org. We will consider all
comments when we produce a subsequent draft of
this report.
Timeline
1. Consider "tiered timelines" allowing more time
for smaller businesses.
Permits and local land use restrictions
2
3
0
5.
0
Allow locally registered unlicensed growers to
form or join cooperatives for the purpose of
obtaining local permits and navigating through
the licensing process.
Pass resolution to encourage local governments
to regulate cannabis businesses.
Provide centralized resources to enable local
governments to understand regulatory schemes
in other jurisdictions.
Develop Type S license for shared
manufacturing facilities; allow multiple edibles
manufacturers to use the same commercial
kitchen.
Restrict access to new funding for enforcement
to only include jurisdictions that have permissive
policies at the local level.
Local Delivery Bans
7. Clarify that, while local governments are not
required to permit delivery services, they cannot
February 19, 2018 - Page 34 of 36
prevent deliveries into their jurisdiction on public
roads.
Direct Marketing
S. Establish a streamlined temporary sales license
that allows producers (cultivators and
manufacturers) to sell at licensed cannabis
events.
9. Allow cannabis events at any locally -permitted
venue, not just a DAA or fairground.
10. Allow producers to distribute limited free
samples to retailers.
Transportation
11. Remove premises requirements for
transportation -only license.
12. Allow transportation -only license to be located at
the same premises as another licensed operation.
13. Allow transportation -only licenses to arrange for
non -certified testing.
14. Decrease insurance requirements on self -
distributors.
15. Exempt transportation -only licenses from
Sections 5047 (alarm system), 5044 (video
surveillance) of BCC regulation.
16. Allow licensees to transport up to one ounce of
flower or eight grams of concentrate without a
transportation license.
Testing
17. Decrease barriers to transportation, and to
arrange for non -certified testing, as detailed in
the "transportation" section.
18. Allow compositing of multiple strains into a
single batch test for pesticides and contaminants
- this would mirror an Oregon regulation that
allows multiple small strains to be tested as a
single batch, up to the maximum batch size
limits, for contaminants.
19. Consider reducing the number of batches
required to be tested - producers with an
established record of clean tests could be be
enrolled in a "skip lot" program where they were
able to skip some testing lots and reduce the
overall requirement.
Water rights and water storage
20. Consider Micro Irrigation Use Registration for
irrigators storing less than 10 acre feet. Provide
that micro irrigation ponds may be installed on
class 3 waterways.
21. Explore other ways to streamline decentralized
water storage.
22. Exempt rainwater collection and storage from
property tax assessments.
Microbusiness
23. Remove state requirements for security and
surveillance, and leave these questions to local
discretion - rural communities and urban
communities have vastly different requirements
for security, and surveillance requirements may
be impossible for some off -grid businesses to
meet. CDFA, recognizing these realities, has left
security regulations to local government
discretion. The Bureau should allow similar local
government discretion for microbusinesses with
respect to sections 5044, 5045, and 5047 of BCC
regulation.
24. Allow additional activities to qualify for the
microbusiness license - microbusinesses must
currently be engaged in at least three of
cultivation, manufacturing, distribution, or retail.
Adding processing, nurseries, and transport -only
distribution to this list would make the
microbusiness license substantially more
accessible.
25. Allow a microbusiness license to be located
across multiple premises for different activities.
Regulatory Confusion
26. Budget for more regulatory staff, including
interagency coordinator staff and outreach staff.
February 19, 2018 - Page 35 of 36
27. Establish a well moderated online forum for
discussion of frequently asked questions.
28. Well moderated online forum for FAQ's and
discussions between the regulators and the
regulated.
Tiered License Fees and Requirements
29. Bond Requirements: Smaller businesses should
not have the same Bond or insurance
requirements as larger businesses. Institute a
tiered structure for these costs.
Access to Banks/ Loans
30. Establish a revolving loan fund for low cost
compliance loans.
31. Explore establishment of a public bank to serve
cannabis businesses.
Taxes
32. Lower the excise tax rate.
33. Establish a tiered rate for cultivation taxes.
34. Remove requirement that cultivation tax follow
product through the supply chain.
35. Exempt compassionate use donations from taxes.
36. Replace the leaf tax with a potency tax on
concentrates.
Legacy Land Use impacts
37. Require CDFW and the State Water Board to
provide for adequate timelines to address legacy
impacts.
38. Identify sources of grant and revolving loan
funding to support large projects restoring legacy
impacts.
Prejudice
39. Comprehensively review all state enforcement
agencies and ensure proper prioritization and
focus.
Mistrust: Drug War Legacy
40. Automatic removal of convictions reclassified by
Prop 64.
Business Acumen
41. Ensure small business development programs
and technical support programs are available.
42. Expand outreach efforts by regulatory agencies
to expand and clarify regulations.
Off grid lifestyle
43. Current regulations require many cultivators to
purchase a new generator -- an unnecessary
expense. Exemptions should be provided for
retrofitting of current generators to meet new
requirements. If retrofits are not possible,
currently -existing generators should be
grandfathered.
44. Establish a streamlined program for retroactive
approval of a three -acre conversion of TPZ land.
45. Establish basic protected rights for owner -built
homes providing a statewide streamlining
program for building permits and affordable
housing.
Cottage Businesses
46. Expedite release of the Type S license for shared
manufacturing - locating real estate is the first
step in the regulatory process for most business
in cities. For that reason, the release of the Type
S license will only allow small businesses begin
the process of coming into compliance with state
regulation. The longer DPH delays in releasing
the license, the more difficulty small
manufacturers will have in re-entering the
market.
47. Provide for shared premises for delivery license.
48. Provide that cottage cultivation may be irrigated
using water diverted consistent with a Small
Domestic Use registration.
49. Provide that cottage cultivation is a compatible
use for TPZ land provided that all cultivation
occurs within a compliant three acre conversion.
50. Allow 2500 sq. ft. for Cottage Outdoor instead of
only 25 plants. Define Canopy as the cumulative
total square footage as measured by the drip line
of each plant.
February 19, 2018 - Page 36 of 36
Criminal activity
51. Enforcement should focus on criminal activity in
jurisdictions that are issuing permits.
Commercial activity in jurisdictions that aren't
issuing permits should still be considered
unregulated unless criminal behavior is clearly
visible.
After completely reviewing proposed ordinance, we have determined that several sections would have a
negative impact on the elimination of the black market and moderate growth expectations. We are
submitting the following changes to help mitigate several severe issues.
The City Manager is given far too much control; most of the ordinance appears to be very subjective and
does nothing to instill confidence the city will do the right thing for the industry. This style of language
sets up the city for future litigation.
Page 14
5.10.070
The entire section needs to be removed. To expect an employer to follow these rules for employment is
far reaching. It makes sense for stakeholders in the company to submit to these rules, but to ask for
employees to adhere to the same requirements is draconian and unnecessary. If you choose the right
licensees, they will hire people who they trust. The state also does back ground checks on all vested
parties. This is simply too controlling, this is bad legislation.
Page 16
5.10.080
#3 issue... Limit the number of retail licenses to 1 per every 15,000-20,000 residents, less than the
proposed number of licensees. This will allow for 10 to 14 store fronts to apply for a city permit. Micro
Businesses would be considered part of the number of retail permits allowed. This will eliminate the
need to adjust the number of stores at a later date. You can limit the number of cultivation,
manufacturing, distribution and testing based on market conditions.
Anything less than these number will under utilize the cities resources and still give the black market a
chance to thrive in the city.
Page 17
5.10.090
(a) Publish the criteria for the point system prior to approving ordinance.
(d) This is also far reaching for the city. No other industry would be comfortable with millions of dollars
spent on build out believing the city could close them down for any reason outside of those stated in (1-
3). Again ... the city not being friendly with the industry.
Page 18
5.10.100
(a 2 &4) #2 issue. Eliminate... Litigation will be sure to follow if this is part of the ordinance. This is all
about keeping Measure N proponents from filing another lawsuit. This also discredits those businesses
who have been following state law and allow inexperienced or carpet bagger operators first shot at any
licensing.
Page 19
5.10.130
(b & c) This creates more work for both the city and licensee. There is no good reason to continue
completing the same information year after year if nothing has changed. This is again more over
regulations that don't make sense.
Page 21
5.10.180
(c) Over reaching again. This has the potential of allowing one business owner to control what a
property owner does with their property... again, this could add more litigation to this ordinance.
Page 24
5.10.250
(b -I) #1 issue. A residential buffer wasn't considered by the CAC on Marijuana. The comments about
retail located in residential neighborhoods has been bad for the city is simply wrong. The number of
shops in the city has been the biggest issue, not where they are located. No residential buffer would
allow more locations spread throughout the city. This gives patients for easier and safer access, the
55% should be considered when regulating zoning ...not those who don't like the industry.
This buffer also creates a green zone in the downtown and Hospitality Lane area of the city. This
leaves the north, east and west sides underserved. By eliminating the resident buffer, it gives the
opportunity for more properties to be eligible.
The removal of the residential buffer can be offset with a 1000' buffer between retail storefronts and
600' for all other business types.
By doing this, the city can control the density and insure cannabis business are spread out throughout
the city. For a city the physical size of San Bernardino, it is irresponsible to create a narrow scope of
zoning.
An alternative to removing the buffer is to allow properties with a "barrier" from residential
neighborhoods. Any property within 300-600' of a residential neighborhood would be given an
exception if there is a freeway, railroad or flood control separating the business from residential
neighborhoods.
Page 28
5.10.280
(a-9) Allow for 24 hour monitoring after hours with first call to SBPD after verification.
Page 29
5.10.290
(b) Define tobacco products. This should only be cigars, cigarettes and other nicotine products.
However, papers, blunt wraps, pipes, etc. should be allowed.
Page 30
5.10.310
(b) Should be allowed for private events at retail locations. Specifically, for veteran groups, cancer
patients and others that use the product and would like instruction on how to best consume.
(c) Too restrictive, allow the planning commission determine what signage is appropriate.
(d last sentence) City Manager should not be allowed to determine which type of tracking system any
business should use.
(f) Eliminate... again too far reaching.
(i 4-6) The V sentence of 4 and all of 5 and 6 be eliminated. Over reaching and too much control over
the way a business can advertise.
(m) Redundant, the state is already preforming this task. Why spend staff time and money when it is
already being performed.
(q) Eliminate... ridiculous and impossible for most locations.
Page 34
5.10.330
(g) Eliminate... ridiculous, cannabis locations are not gas stations with unknown people coming in to
facility.
Page 38
5.10.380
(a & c) Eliminate
Page 38
5.10.410
(a) Eliminate the inspections at any time and without notice. The state already does this.
Summary of Our Project: Helping the Homeless
We are a group of students in the bachelor of Social Work program and currently attend
California State University, San Bernardino. We are doing a community project located between
Del Rosa and Watermen Ave. My group and I had conducted a survey and found that the
majority of the residents and business located in the area agreed that homelessness is an issue in
their community. Many of the residents see homeless individuals around the area and does not
feel safe. Part of that reason is because they had bad experiences with them. They feel that the
homelessness issue is worse at night, especially in the parks.
Our goal is to create about 80 bags of collected items that the homeless need. We hope to
get the residents in that area involved by helping to pass out these bags to the homeless. The
purpose of getting the residents involved is to empower them and bring unity through a common
interest. We also want to show them that these acts of kindness would be very encouraging to the
homeless community by making them feel like they are recognized as being a part of the
community.
We will be contacting several businesses, charities and churches to donate these products. We
also are asking residents in the area to donate. We are going door to door, setting up a booth and
posting up fliers in the area so that people are aware of our event. The event will be held at a
park in San Bernardino on March 4, 2018 at 1:30 pm at 1135 East Highland Ave. Once every
one shows up we plan on splitting up into different groups and passing out these bags to the
homeless around the community.
At the end of this project we hope that people will not just hand them money when seeing
them on the streets, but instead maybe giving them items they can use to get by. We want them
to treat the homeless like people of the community by taking the time to have real conversations
with them. We also hope they continue these acts of kindness when our project is completed by
gathering people together to make their own care packages and giving them out to the homeless.
If you would like to be a part of our plans for the homeless in this community please contact
Jeanna Irsheid at 909-521-5994 or by email ieannirsheidl23 c ?gmail.com
Thank you,
Jeanna Irsheid
Cheyenne Gibbons -Doyle
Angelica Pineda
Patric Raphael
Lourdes Villagran
Rosie Aguirre
The Community Need
As we went around surveying people between the streets of Baseline and 2nd Street in San
Bernardino, we came to the conclusion that the community was mostly concerned about the
conditions of the streets. The streets contain cracks and potholes that make them unsafe. (The
community has concerns regarding the damage these poor conditions has caused for their
vehicles. Additionally, these poor conditions have led to highway deaths and accidents.) as well
as the risk of highway deaths and accidents The community concerns are on the damage caused
on vehicles and the contribution of the potholes in highway deaths/accidents. San Bernardino is
ranked at 39% for having "poor roads" and approximately one-third of 33,000 traffic fatalities
occur due to poor road conditions (2018).
The Goals
As concerned citizens, the main goal is to urge the city officials to act now in regards to fixing
the conditions of the streets. There needs to be faster turnaround when fixing the potholes,
example: fix within 3 days maximum. Also, to have the Operations & Maintenance Division
regularly drive around San Bernardino looking for the potholes.
Strategic Plan to Reach Goal
We plan to reach our goal by making this problem alert to our officials(by bringing this problem
to the attention of our officials) and possibly gaining the support we need to make this goal a
reality(to achieve this goal for the safety and well being of our community). We want to get
residents, officials, and business owners involved to insist on getting our roads fixed and
maintained, for everyone's safety and budget.
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2/21/2018 San Bernardino, CA - Report potholes, graffiti, street light out, and other community issues. - SeeClickFix - Web and Mobile Government 311
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(909) 882-4057 2016 ,
The Community Need
As we went around surveying people between the streets of Baseline and 2nd Street in San
Bernardino, we came to the conclusion that the community was mostly concerned about the
conditions of the streets. The streets contain cracks and potholes that make them unsafe. (The
community has concerns regarding the damage these poor conditions has caused for their
vehicles. Additionally, these poor conditions have led to highway deaths and accidents.) as well
as the risk of highway deaths and accidents The community concerns are on the damage caused
on vehicles and the contribution of the potholes in highway deaths/accidents. San Bernardino is
ranked at 39% for having "poor roads" and approximately one-third of 33,000 traffic fatalities
occur due to poor road conditions (2018).
The Goals
As concerned citizens, the main goal is to urge the city officials to act now in regards to fixing
the conditions of the streets. There needs to be faster turnaround when fixing the potholes,
example: fix within 3 days maximum. Also, to have the Operations & Maintenance Division
regularly drive around San Bernardino looking for the potholes.
Strategic Plan to Reach Goal
We plan to reach our goal by making this problem alert to our officials(by bringing this problem
to the attention of our officials) and possibly gaining the support we need to make this goal a
reality(to achieve this goal for the safety and well being of our community). We want to get
residents, officials, and business owners involved to insist on getting our roads fixed and
maintained, for everyone's safety and budget.
ERA teat:
Equality of rights under the law shall not be denied or abridged
by the United States or by any State on account of sex,
Wickets are available on line at LYN website
haps://any,lwv.org/california/san-bernardino-area