HomeMy WebLinkAbout33- Community Development 33.a
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Staff Report
�= City of San Bernardino
Request for Council Action E
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Date: October 18, 2017 a
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To: Honorable Mayor and City Council Members
From: Andrea M. Miller, City Manager* �w E
By: Mark Persico, AICP, Community Development Director
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Subject: Appoint Members to the Citizen's Advisory Committee on
Marijuana and Adopt a Resolution and Urgency Ordinance
Related thereto
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Recommendations
1. Adopt an Uncodified Urgency Ordinance of the Mayor and City Council of the City of
San Bernardino, California, excepting members of the Citizen's Advisory Committee w
on Marijuana from the residency requirement for members of boards, commissions
and committees located in section 601 of the City Charter; and
2. Adopt a Resolution of the Mayor and City Council of the City of San Bernardino,
California, related to the Citizen's Advisory Committee on Marijuana; and
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3. Appoint by Minute Action the members of the Citizen's Advisory Committee on
Marijuana. z
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Background
On November 8, 2016, California voters approved Proposition 64, The Control, a
Regulate, and Tax Adult Use of Marijuana Act (AUMA). Some of the provisions within
this Act took effect immediately to include legalized possession, transport, purchase,
use, and transfer of recreational marijuana for individuals 21 years of age or older, and Cn
adult possession. o
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Additionally, on November 8, 2016, San Bernardino voters approved Measure O, which w
garnered 26,037 votes, or 55.12% of the total. The measure, which was the result of a N
citizens' petition, regulates marijuana businesses by establishing a regulatory permit
process, and the measure establishes a registration system and requires the City to
grant permits meeting the requirements of the measure.
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On September 20, 2017, the Mayor and City Council authorized creation of a Citizens a
Advisory Committee on Marijuana (CAC) and directed staff to prepare a Request for
Proposal (RFP) for the hiring of a consultant to assist the CAC in making
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recommendations to the City Council. Specifically, the CAC was charged with "the duty
to evaluate, analyze, and propose options and standards to establish marijuana
regulations that will protect the public health, safety, and welfare of the residents of San N
Bernardino."
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On October 9, 2017, the RFP was posted on the City's website and sent to potential
bidders. A Notice of availability was also printed in the San Bernardino Sun on October c
14, 2017. Proposals are due by 3:OOPM on October 25, 2017 a
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Discussion a
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1) Urgency Ordinance c
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At the September 20, 2017 meeting the City Council's motion was to allow for the N
appointment of non-residents to the CAC. Currently, residency within the City of San
Bernardino is required under Section 601 of the Charter, which reads in relevant part:
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"... Members of boards, commissions and committees shall be residents of the E
City, unless exempted by ordinance or State law." W
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To comply with the requirements of the City Charter, the City Manager has requested w
that the City Attorney draft an ordinance creating such an exception. To allow for the
immediate appointment of non-resident members of the CAC to begin the process of
developing policies and regulations related to marijuana the City Manager recommends
that the City Council adopt the ordinance under the urgency provisions of section 36397 (5
of the Government Code. This will require a finding by four-fifths of the City Council (at
least six Council members) that the action is necessary to protect the immediate public N
peace, health and safety of the City residents. The urgency ordinance is attached as
Attachment 1 to this staff report. d
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2) Resolution
There are a myriad of legal and policy issues that California cities are grappling with as
the laws and community norms around marijuana use evolve. While the City Council
has previously discussed regulation of commercial marijuana activities there are other N
areas of regulation that the City should consider addressing. These areas include o
policies and regulations related to personal cultivation in residential zones, public a
consumption of marijuana, and taxes on marijuana. State law allows local governments z
to address these issues locally based upon local priorities. Having a CAC provide input N
to the decision-making process is critical.
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The CAC will be supported by City staff and the selected consultant. In order to provide
guidance for the CAC and assist them in doing their work, staff is suggesting the City E
Council provide general topics of discussion to allow the Committee to focus on areas of
highest concern and return recommendations within the desired timeframes. a
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Recommended topic areas for CAC discussion are:
a_ Personal Cultivation in Residential Zones
b. Marijuana Consumption/Smoking in Public Places
c. Taxes and Fees on Marijuana £
d. Regulation of Commercial Marijuana Activities not covered by Measure O 2
Staff suggests that CAC be directed to discuss and return recommendations on the a
above topic areas to the Mayor and City Council by December 20, 2017 a
3) Appointment of CAC Members by Minute Action Z
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Section 601 of the City Charter states that "...the appointment...of boards, commission, 0
committees and their members...shall be as prescribed by a vote of the Mayor and N
entire Council, as provided in section 304(b) of this Charter."
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On September 20. 2017 meeting of the Mayor and City Council, the Council established
the CAC by Minute Action and determined that there shall be nine (9) members of the
CAC with each Council member nominating one (1) member and the Mayor nominating y
two (2) members. The Council members have proceeded to submit their nominations to
the City Manager. The City Manager will present the list of nominees at the October 18, w
2017 meeting for approval. Pursuant to section 304(b) of the City Charter the Mayor
and entire Council vote on the appointments. Staff is recommending that the Mayor and
City Council vote on all nominations together as a single Minute Action.
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Conclusion
There are a host of important public policy issues for the Mayor and City Council to N
consider and providing the CAC with a clear mandate will allow the City Council to
receive timely and valuable input. a
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Staff recommends that the City Council, adopt the Urgency Ordinance, adopt the
Resolution, and appoint the members of the Citizen's Advisory Committee on
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Marijuana.
Attachments o
Attachment 1 Urgency Ordinance —Allowing Non-residents as CAC members >
Attachment 2 Resolution — Related to the Citizens Advisory Committee a
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Ward(s): All N
Synopsis of Previous Council Actions:
September 20, 2017 —City Council establishes the CAC by Minute Action. E
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1 ORDINANCE NO.
2 AN UNCODIFIED URGENCY ORDINANCE OF THE MAYOR AND CITY
3 COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXCEPTING a
MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE ON MARIJUANA m
4 FROM THE RESIDENCY REQUIREMENT FOR MEMBERS OF BOARDS,
COMMISSIONS AND COMMITTEES LOCATED AT SECTION 601 OF THE CITY o
5 CHARTER a
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6 WHEREAS,the State of California will begin processing applications for commercial
7 adult-use and medical marijuana state licenses on January 1, 2018 under the Adult Use of E
Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety E
8 Act(MAUCRSA),located at Business& Professions Code section 26000, et seq.; and V
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WHEREAS,the Mayor and City Council intend to enact or amend marijuana policies =
10 and regulations prior to the January 1, 2018; and
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11 WHEREAS, under the AUMA and MAUCRSA local government may regulate
12 personal cultivation of marijuana,public use of marijuana, and tax marijuana; and •a
13 WHEREAS, on September 20, 2017 the Mayor and City Council established the m
Citizen's Advisory Committee on Marijuana ("CAC") to assist with its deliberations
14 regarding marijuana policies and regulations; and c
15 WHEREAS, the Mayor and City Council desire broad representation of the
16 community, including the owners of local businesses, on the CAC; and r.
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17 WHEREAS, section 601 of the City Charter requires that members of boards, r
commissions and committees be residents of the City unless exempted by ordinance;and a
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WHEREAS, the CAC must begin meeting to develop comprehensive marijuana
19 policies and regulations in order to meet the January 1, 2018 deadline and to immediately
20 develop policies and regulations on personal cultivation of marijuana,public use of marijuana,
and taxing marijuana.
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NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF >
22 SAN BERNARDINO DO ORDAIN AS FOLLOWS: a
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24 SECTION 1. Incorporation of Recitals. The Mayor and City Council hereby find U
25 that all of the foregoing recitals and the staff report presented herewith are true and correct
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26 and are hereby incorporated and adopted as findings of the Mayor and City Council as though
27 set forth in full herein.
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1 SECTION 2. Urgency Ordinance. This Ordinance is adopted as an urgency
2 ordinance pursuant to section 36397 of the Government Code. This Ordinance is necessary to
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3 preserve the public peace,health and safety of the City and its residents. E
4 SECTION 3. Exception from Residency Requirement. The members of the CAC S
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are hereby excepted from the residency requirement for members of boards, commissions and a
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committees located at section 601 of the City Charter. E
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8 SECTION 4. Effective Date. Pursuant to section 36937 of the Government Code, 0
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9 this l)rgeney Ordinance shall become effective immediately upon adoption.
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SECTION 5. Publication. The City Clerk shall certify to the adoption of this rn
11 Ordinance and cause publication in a newspaper of general circulation.
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AN UNCODIFIED URGENCY ORDINANCE OF THE MAYOR AND CITY
1 COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXCEPTING
2 MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE ON MARIJUANA N
FROM THE RESIDENCY REQUIREMENT FOR MEMBERS OF BOARDS,
3 COMMISSIONS AND COMMITTEES LOCATED AT SECTION 601 OF THE CITY E
4 CHARTER
$ I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor 0.
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6 and City Council of the City of San Bernardino ata_ _ _ _ _ meeting d
7 thereof,held on the day of _,2017,by the following vote,to wit: E
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9 Council Members: AYES NAYS ABSTAIN ABSENT 0
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10 MARQUEZ
11 BARRIOS
12 VALDIVIA
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® SHORETT -- _ -- —
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16 RICHARD —_ N
17 MULVIHILL
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19 Georgeann Hanna,CMC,City Clerk a
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21 The foregoing Ordinance is hereby approved this day of 2017. 0
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R. Carey Davis,Mayor N
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney E
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27 By:_ —
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, RELATED TO THE CITIZEN'S ADVISORY
3 COMMITTEE ON MARIJUANA
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WHEREAS, the State of California will begin processing applications for commercial
5 adult-use and medical marijuana state licenses on January 1, 2018 under the Adult Use of
6 Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act r
(MAUCRSA),located at Business &Professions Code section 26000, et seq.; and a
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WHEREAS, the Mayor and City Council intend to enact or amend marijuana policies i
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8 and regulations prior to the January 1,2018; and
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9 WHEREAS,under the AUMA and MAUCRSA local government may regulate personal 0
10 cultivation of marijuana,public use of marijuana, and tax marijuana; and v,
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11 WHEREAS, on September 20, 2017 the Mayor and City Council established the
12 Citizen's Advisory Committee on Marijuana ("CAC") to assist with its deliberations regarding
marijuana policies and regulations. _
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
14COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: W
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16 SECTION 1. The City Manager or her designee shall poll the members of the CAC to
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determine and set a convenient date and time for the first meeting. Prior to or at their first
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18 meeting the members of the CAC shall subscribe and file his or her oath of office with the City
19 Clerk. At their first meeting the CAC shall elect a Chairman and Vice-Chairman to preside over
20 their meetings. The meetings of the CAC shall be open to the public and shall be governed by the o
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21 provisions of the Ralph M. Brown Act, found at Government Code section 54950, et seq. o
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22 SECTION 2. The CAC shall discuss and,working with City staff and consultants,report w
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23 back to the Mayor and City Council by December 20, 2017 on the following topics:
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24 (a) Personal Cultivation in Residential Zones
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25 (b) Marijuana Consumption/Smoking in Public Places
26 (c) Taxes and Fees on Marijuana a
27 (d) Regulation of Commercial Marijuana Activities not covered by Measure 0.
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1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, RELATED TO THE CITIZEN'S ADVISORY
2 COMMITTEE ON MARIJUANA
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4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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5 City Council of the City of San Bernardino at a meeting thereof, held on the g
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day of ,2017,by the following vote,to wit: a
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Council Members: AYES NAYS ABSTAIN ABSENT
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g MARQUEZ __ _ E
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10 BARRIOS __ _ _ 2
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11 VALDIVIA =
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SHORETT
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14 NICKEL
15 RICHARD
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18 Georgeann Hanna, City Clerk
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19 The foregoing Resolution is hereby approved this day of 92017. 1°
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R. Carey Davis,Mayor N
23 City of San Bernardino
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Approved as to form:
24 Gary D. Saenz, City Attorney
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2 6 By: --
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