HomeMy WebLinkAbout3/25/2009 - STAFF REPORTS - 2.R. ;D QALM S,
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CITY COUNCIL STAFF REPORT
DATE: March 25, 2009 CONSENT CALENDAR
SUBJECT: PROPOSED RESOLUTION ESTABLISHING A FILING FEE FOR
MEDICAL CANNABIS COOPERATIVES OR COLLECTIVE
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.
FROM: David H. Ready, City Manager
BY: Douglas Holland, City Attorney
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A FILING FEE
FOR MEDICAL CANNABIS COOPERATIVES OR COLLECTIVE
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."
STAFF ANALYSIS:
The City Council recently enacted Ordinance No. 1758 providing for the regulation of
Medical Cannabis Cooperatives and Collectives. The Ordinance requires each
applicant for a Medical Cannabis Cooperative or Collective to pay an application fee in
an amount established by the City Council. The Ordinance also provides 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.
The proposed resolution provides that the application fee and appeal fee be in an
amount that fully covers the City's costs in administering the Medical Cannabis
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F. NO.
City Council Staff Report
March 25, 2009 -- Page 2
Proposed Fees
Cooperative or Collective program. To achieve this goal, the proposed resolution
provides that each applicant will pay a deposit of $7,500.00 and each appellant shall
pay a deposit of $760.00 towards such costs. The City's actual costs will be deducted
from the deposit. The City's costs will include (1) the rate charged for each city
employee at the employee's hourly rate, including benefits, and (2) the hourly rate
charged by any consultant, including the City Attorney's Office, plus 12.5% to cover the
City's administrative costs.
FISCAL IMPACT
The proposed resolution provides for full recovery of city costs. There should not be
any adverse fiscal impact on the City.
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DOUGLAS HOLLAND, CITY ATTORNEY DAVID H. READY—CTrTMANAGER
Attachment:
Proposed Resolution
57D371 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING A FILING
FEE FOR MEDICAL CANNABIS COOPERATIVES OR
COLLECTIVE 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.
U
Resolution No.
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, City Manager
ATTEST:
James 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. 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 March 25, 2009, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California