CITY COUNCIL SELECTION OF APPLICANTS:
As indicated in the notice issued to Qualified Applicants (NQA), after a competitive process, the City Council, pursuant to Phase III of the application, review and selection process, in its sole and total discretion, is authorized to make final selections of any, all or no applicants to move forward through the required steps and procedures to secure a City Commercial Cannabis Permit (“CCP”). As such, on November 13, 2018, the City Council authorized 33 of 45 qualified applicants to continue with the City's CCP application process, including moving forward to negotiate development agreements with the City.
As previously advised in the NQA, and pursuant to Ordinance No. 700, the decision of the City Council is final; therefore, the City is not accepting requests for further interviews, re-reviews or re-scoring of applications, or releasing any information as to the Review Committee’s scoring methodology or analysis. While we understand there were some clerical errors with the staff report as presented by the staff during the City Council meeting along with a related attachment, the scores of the Review Committee are accurate, fair and complete. None of the errors made on the staff report or the attachments impacted the overall category under which any applicant fell, nor did said clerical errors impact the decision of the City Council as all revisions were made in writing prior to the meeting and read into the record during the meeting. In other words, the City Council made their final selections based on corrected information before them.
The City Council was presented with information as reflected in the November 13, 2018 staff report, and related attachments, and made their selections accordingly. While the selection was not favorable to all 45 applicants, all disclosures regarding the City's application process were explicit in the application, signed by each applicant. More specifically, the application guidelines state the following:
The City may modify, postpone, or cancel this Application at any time, with or without notice, and without any liability, obligation, or commitment to any party, firm, person, entity, or organization.
The City retains the right and discretion to accept or reject any or all Applications, to waive any Application requirement, to waive irregularities and technicalities in any Application, or to direct re-issuance of this Application. Nothing herein shall require or obligate the City to exercise its discretion in any particular manner. No obligation, either expressed or implied, exists on the part of the City to approve any Application, nor does the approval of any Application require the City to subsequently enter into a Development Agreement with said applicant.
In addition to any regulations adopted by the City Council, the City Administrator, or his or her designee, is authorized to establish any additional rules, regulations, policies and standards governing the: application review and approval process; the issuance, denial or renewal of Commercial Cannabis Permits; the ongoing operation of commercial cannabis businesses and the City's oversight of same; and/or concerning any other subject determined to be necessary to carry out the intent and purposes of Ordinance No. 700, including without limitation, establishing time periods to solicit applications, and corresponding deadlines for timely submittals of same to the City, as well as the drafting of any additional, or supplemental forms or applications.
As you may also recall, the following information was explicitly contained in the application form, which each applicant was required to acknowledge, and accept, as evidenced by each applicant’s signature in agreement to said terms:
Please note that all correspondence with the City, including application submittals, and all contents therein and/or information, and documents incorporated into the application, will become the exclusive property of the City and will be public records under the California Public Records Act (Government Code Section 6250 and following). However, the City will maintain the confidentiality of the applications, and their contents before it announces a selection of potential commercial cannabis operators, and to the extent allowed by state and case law, UNTIL a final action is made by City Council, including the approval of a final Development Agreement by a City Council vote. Further, all documents and materials connected or related to the processing of applications, including the review, scoring, and selection process will also be exempt from release during said deliberative process.
As part of this deliberative process, applicants submitted applications that were evaluated by the Review Committee. These applications will be used to negotiate with the applicants selected by Council. While we understand that applicants and the public may have a strong interest in scrutinizing the process leading to the selection of the final applicants, the City’s interest in keeping these applications confidential – and the directly related scoring and ranking process - outweighs the public’s interest in disclosure until negotiations with the selected applicants are complete and final. (Cal. Gov. Code 6255). Conversely, if a selected applicant has access to the specific details of other competing proposals, then the City is greatly impaired in its ability to secure the best possible deal on its constituents’ behalf.
As you know, while the City Council has made selections of applicants to move forward through the City approval processes, said selections are conditional and contingent on an applicant finalizing a development agreement with the City and securing of all final approvals, permits, licenses, authorizations, etc. to lawfully establish a cannabis business in the City.
Accordingly, the detailed analysis provided by the Review Committee, including notes, specific point allocations and other application review information, will not be released by the City to applicants or the public. Further, releasing this information will impact the City’s ability to open the application process in the future by giving existing applicants an unfair advantage over new applicants.
While the City acknowledges the CCP’s rigorous application and guiding ordinance may have posed a challenge for some applicants, it was done so to ensure the applicants that are the most qualified, experienced, prepared and/or keenly in tune with, and aware of, the City’s specific and unique local priorities and needs could objectively succeed in the process. Accordingly, due to the specificity required to meet the standards therein, the overall scores of applicants demonstrates that the process was equitable to all applicants. To put this in perspective, the City through its Review Committee qualified 96% of applicants to move forward to Phase III, where the City Council ultimately authorized 73% of qualified applicants to move forward with development agreement negotiations. Considering these facts in their totality and the language addressing such in the application forms signed by all applicants, the City Council’s selection at this stage of Phase III remains final.
All Qualified Applicants not selected may remain on the City’s Qualified Applicants list for twelve (12) months following the selection date. In the event the City Council authorizes staff to negotiate additional or subsequent development agreements, Qualified Applicants may be given the opportunity to be selected.
At this time, we respectfully request that applicants not selected (who are now considered an interested party) be mindful of the process established and check back with the City after January 1, 2019 for any potential future opportunities. CCP staff is not obligated to respond to inquiries from interested parties, or non-selected applicants, as City Council has made a final decision as to who is a selected applicant. Please remember that failure to adhere to CCP staff directives may result in being disqualified in the future.
City Council Agenda Staff Report for Nov. 13, 2018 - UPDATED
City Council Agenda Staff Report for Nov. 13, 2018 - Commercial Cannabis Applications
10/26/2018 9:00 A.M. UPDATE:
Dear Interested Parties:
As previously directed (see updates below), today is the last day to submit an application with a confirmed appointment ONLY. Walk-in applications are NOT being accepted and all appointments that were requested pursuant to the guidelines have been issued.
10/22/2018 12:00 P.M. UPDATE:
Thank you for your interest in the City of Commerce. Please be advised that the deadline to request an appointment to submit a completed application has officially closed.
To avoid miscommunication, misinformation, non-City-official responses, and/or not having your questions and inquiries addressed or answered, you are once again directed to submit all questions and inquiries in to this email address. writing
Additional supplemental application materials, instructions, rules, policies and/or standards may be issued, and will be published on the City’s website and/or emailed IF you have timely made an application submittal appointment. HOWEVER, please note that it shall be the responsibility of the Applicant to continue to check the City’s website for any updated information to the application process and/or corrections to the applicable applications and forms.
EFFECTIVE IMMEDIATELY (10/16/18)
DUE TO HIGH DEMAND, THE
CITY MAY NO LONGER ACCEPT APPOINTMENT CANCELATIONS. OUT OF
CONSIDERATION FOR THOSE WHO HAVE SCHEDULED AND KEPT OR INTEND TO KEEP THEIR
APPOINTMENT, AS WELL AS STAFF RESOURCES, IF YOU CANCEL, RE-SCHEDULE OR FAIL TO
SHOW FOR YOUR APPOINTMENT, YOUR APPLICATIONS WILL THUS BE ACCEPTED ONLY AS TIME
IF YOU ARE UNABLE TO
MAKE YOUR DESIGNATED APPOINTMENT TIME, YOU MAY ELECT TO SUBMIT YOUR APPLICATION
ON 10/19 BETWEEN
12:00PM - 4:00PM.
APPLICATIONS WILL BE ACCEPTED ON A "FIRST COME" BASIS.
NO APPLICATIONS WILL BE
ACCEPTED BEFORE 12PM OR AFTER 4PM.
PLEASE BE ADVISED: THERE
IS NO GUARANTEE THAT YOUR APPLICATION WILL BE ACCEPTED DURING THE OPEN
ADDITIONALLY, AGAIN, DUE
TO HIGH DEMAND AND IN AN ATTEMPT TO MAKE THE NECESSARY APPOINTMENT
ACCOMMODATIONS, THE DEADLINE TO REQUEST AN APPOINTMENT TO SUBMIT YOUR
APPLICATION IS OCTOBER 22, 2018 AT 12:00PM. Public Notice - Cannabis Permit Applicants
Commercial Cannabis Permit Application
Commerce Application Fact Sheet
Commerce FAQ Sheet
Commercial Cannabis Activities Ordinance
Adopted Fee Resolution and Fee Schedule
Supplemental Application Material
Commerce Project Reimbursement Form
Request For Livescan Form
Commerce Development Agreement
Commerce Development Agreement (Word Version)
Prospective Operator Workshop information:
Prospective Operator Workshop
Fee Resolution related to Commercial Cannabis Permit Program
State Responsible Use:
State Responsible Use - English
State Responsible Use - Spanish
State Medicinal Use - English and Spanish
State Medicinal Use-Spanish
State Medicinal Use-English
State FAQ - English and Spanish
State FAQ-Spanish State Adult Use - English and Spanish
State Adult Use - English
State Adult Use - Spanish
Town Hall Survey
Town Hall Survey - English
Town Hall Survey - Spanish
Town Hall Survey 2 Sided English/Spanish
Town Hall Survey English/Spanish
Town Hall Agenda - English
Town Hall Agenda - English
Town Hall Agenda - Spanish
City of Commerce Workshop 2 Presentation
City of Commerce Workshop 2 Presentation