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HomeMy WebLinkAbout22458 - RESOLUTIONS - 3/25/2009 RESOLUTION NO- 22458 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A FILING FEE FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVES APPLICATIONS AND AN APPEAL FEE FOR MATTERS RELATED TO THE ADMINISTRATION OF PALM SPRINGS MUNICIPAL CODE SECTION 93.22.00, AND AMENDING THE COMPREHENSIVE FEE SCHEDULE ADOPTED RESOLUTION NO. 21578. The City Council of the City of Palm Springs finds: A. The City, under various statutory provisions under California Government Code, the Charter of the City, and the Palm Springs Municipal Code, may set and collect fees for the costs of providing various public services to the community. B. The City Council recently enacted Ordinance No. 1758 providing for the regulation of Medical Cannabis Cooperatives and Collectives. C. Ordinance No. 1758 provides that an applicant for a Medical Cannabis Cooperative or Collective shall pay an application fee in an amount established by the City Council and that appeals of administrative decisions regarding the approval, conditional approval, denial, or revocation of a permit for a Medical Cannabis Cooperative or Collective shall be accompanied by a fee in an amount established by the City Council- D. It is the intent of the City Council that the application fee and appeal fee be in an amount that fully covers the City's costs in administering the Medical Cannabis Cooperative or Collective program. The City Council resolves: 1. The application fee and the appeal fee for a Medical Cannabis Cooperative or Collective shall be an amount equal to the total cost to the City. Each applicant shall pay a deposit of $7,500.00 and each appellant shall pay a deposit of $750.00 towards such costs. The City's actual costs shall be deducted from the deposit and shall be (1) at the rate charged for each city employee at the employee's hourly rate, including benefits, and (2) at the hourly rate charged by any consultant, including the City Attorney's Office, plus 12.5% to cover the City's administrative costs. 2. Each component of the fees and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to invalid, the remaining provisions shall be fully effective, and the fee shall by fully effective except as to that portion that has been judged to be invalid. Resolution No. 22458 Page 2 3. The fees imposed by Section 1 of this Resolution shall become effective on the effective date of Ordinance No, 1758. 4. The City Clerk is authorized and directed to incorporate said fees, charges, and modifications contained in the Resolution into the Comprehensive Fees Schedule, adopted Resolution No. 21578, as amended. ADOPTED THIS 25th DAY OF MARCH, 2009. David H. Ready, ' anager . ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22458 is a full, true and correct copy, and was dul adopted at a regular meeting of the City Council of the City of Palm Springs on the 25 n day of March, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk p�r o�2bO� City of Palm Springs, California