HomeMy WebLinkAbout24517 RESOLUTION NO. 24517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ESTABLISHING THE ANNUAL
CANNABIS RELATED BUSINESS AND ACTIVITIES PERMIT
RENEWAL FEE.
WHEREAS, the City, under various statutory provisions under California
Government Code, may set and collect fees for the costs of providing various public
services to the community; and
WHEREAS, notice of a November 14, 2018 public hearing notice regarding all
matters related to this resolution was mailed, published, posted and distributed in
accordance with the provisions of the California Government Code; and
WHEREAS, on July 26, 2017, the City Council of the City of Palm Springs
approved and adopted Ordinance 1933, codified in Palm Springs Municipal Code
(PSMC) 5.45 and 5.55; and
WHEREAS, pursuant to PSMC Sections 5.45.120 and 5.55.120, the City
Council, by resolution, may establish various fees and charges related to the cannabis
permit application process, and ongoing administrative and regulatory services arising
from and related to commercial cannabis businesses and activities in the City; and
WHEREAS, pursuant to PSMC Section 3.24.090(C), the city manager shall
annually audit the cannabis taxes imposed by this chapter to verify that tax revenues
have been properly collected and expended in accordance with the law; and
WHEREAS, on June 20, 2018 and continuing on July 11, 2018, at a duly notice
public meeting, the City Council established various fees arising from and relating to
commercial cannabis businesses and activities, but no annual cannabis related
business and activities permit renewal fee was set; not addressed or established at this
meeting; and
WHEREAS, the City Council finds that revenues since the effective date of
Ordinance 1933, and continuing through and including the effective date of this
Resolution, related to annual cannabis related business and activities permit renewal
fee, subject to the Mitigation Fee Act and adopted by this Resolution, have not exceeded
the actual cost of providing the services in relation to which the fee is collected; and
WHEREAS, the City Council further finds that City revenues from the effective
date of this Resolution through the end of fiscal year 2018-19 from the annual cannabis
related business and activities permit renewal fee, subject to the Mitigation Fee Act and
adopted by this Resolution, will not exceed the estimated amount of funds required to
provide the services in relation to which the fee is collected; and
Resolution No. 24517
Page 2
WHEREAS, on November 14, 2018, at a duly noticed public meeting, the City
Council considered establishment of the annual cannabis related business and activities
permit renewal fee; and
WHEREAS, the City Council has considered any verbal and/or written testimony,
and has reviewed and considered the information in the fee study and supporting data
presented in support of this Resolution, together with information provided at the public
hearing by staff and the public; and
WHEREAS, the City Council finds that the annual cannabis related business and
activities permit renewal fee established by this Resolution is based upon the
reasonable cost of providing the administrative and regulatory services that necessarily
arise from and relate to the annual renewal of a cannabis permit in the City; and
WHEREAS, the City Council now approves the adoption of the annual cannabis
related business and activities permit renewal fee reflected in the schedule attached
hereto as Exhibit "A."
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS:
SECTION 1. The true and correct recitals above are incorporated by this
reference herein as the basis and foundation for the City's adoption of this Resolution.
SECTION 2. Commencing on the effective date of this Resolution, and
continuing through fiscal year 2018-19, the fees and charges reflected in the schedule
attached hereto, and incorporated by this reference herein as Exhibit "A," are adopted.
SECTION 3. The fees and charges reflected in Exhibit "A," which are
subject to the Mitigation Fee Act, codified at California Government Code Section 66000
et seq., shall be effective not earlier than sixty (60) days after the adoption of this
Resolution, to wit, Monday, January 14, 2019.
SECTION 4. All commercial cannabis businesses in the City shall have the
duty to pay the annual cannabis related business and activities permit renewal fee now
adopted as a condition of the City's issuance and the continued validity of their
respective permits.
SECTION 5. The Director of Finance is hereby authorized and directed to
incorporate the fees and charges documented in Exhibit "A" into the City's
Comprehensive Fee Schedule.
SECTION 6. The City Council declares that the City will adhere to its policy
for consideration of adjustment to the fees and charges now adopted that are subject to
the Mitigation Fee Act as stated in Resolution number 24408, adopted May 2, 2018.
Resolution No. 24517
Page 3
SECTION 7. The City Clerk of the City of Palm Springs shall certify to the
passage and adoption of this Resolution and its approval by the City Council and shall
cause the same to be listed in the records of the City.
SECTION 8. This Resolution shall be effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 141h DAY OF NOVEMBER, 2018.
c
David H. Ready, Esq., P
City Manager
ATTEST:
Aakk��
ony J.
City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24517 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 14th day of November,
2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this t 1+�. day of rtb
ony J. M ' ,
City Clerk
Resolution No. 24517
Page 4
EXHIBIT "A"
The following fee is established for and applicable to City services arising from and
related to cannabis businesses and activities, as described in Chapters 5.45 and 5.55 of
the Palm Springs Municipal Code:
• FOR CANNABIS BUSINESSES TAXED IN WHOLE OR IN PART
PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION
3.42.030 (GROSS RECEIPTS TAX)
o ANNUAL CANNABIS RELATED BUSINESS
AND ACTIVITIES PERMIT RENEWAL FEE: $3,000
• FOR CANNABIS BUSINESSES TAXED EXCLUSIVELY
PURSUANT TO PALM SPRINGS MUNICIPAL CODE SECTION
3.42.040 (CULTIVATION TAX)
o ANNUAL CANNABIS RELATED BUSINESS
AND ACTIVITIES PERMIT RENEWAL FEE: $500