HomeMy WebLinkAbout2018-1041
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RESOLUTION NO. 2018-104
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING A PERSONAL CULTIVATION IN
PRIVATE RESIDENCE FEE PURSUANT TO SAN BERNARDINO MUNICIPAL
CODE SECTION 8.99.040(C)
WHEREAS, on March 7, 2018, the Mayor and City Council adopted Ordinance MC -
1466, thereby adopting Chapter 8.99 (Personal Cultivation of Cannabis with Private
Residence); and
WHEREAS, a Notice of Public Hearing to adopt fees was published as a display
advertisement in The Sun, a newspaper of general circulation within the City of San
Bernardino, on March 23, 2018 and March 30, 2018, as required under Government Code
Section 66016; and
WHEREAS, City staff and the consultant analyzed the process and procedures
necessary for the registration and inspection of Personal Cultivation in Private Residence to
determine an average cost to complete the work; and
WHEREAS, the Mayor and City Council desire to establish the fees contained in this
Resolution, which are based upon the best information available such that the City fully
recovers the cost of the service.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
and hereby adopt and incorporate them herein.
SECTION 2. The fee for providing services related to the registration and inspection
of for Personal Cannabis Registration pursuant to San Bernardino Municipal Code Chapter
8.99 is $72.00 annually.
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SECTION 3. The establishment of Fees and Charges related to the provision of City
services is an exempt activity under the California Environmental Quality Act (CEQA) and
the CEQA Guidelines section 15273 (a)(1) (Rates, Tolls, Fares and Charges).
SECTION 4. The Fees and Charges established herein shall become effective 60 days
following adoption of the resolution, pursuant to Government Code Section 66017.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, or
clause or phrase in this Resolution or any part thereof is for any reason held to be
unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Resolution or any
part thereof. The Mayor and City Council hereby declares that it would have adopted each
section irrespective of the fact that any one or more subsections, subdivisions, sentences,
clauses, or phrases be declared unconstitutional, invalid, or ineffective.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING A PERSONAL CULTIVATION IN
PRIVATE RESIDENCE FEE PURSUANT TO SAN BERNARDINO MUNICIPAL
CODE SECTION 8.99.040(C)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
4th day of April 2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ t_
BARRIOS X
VALDIV IA
SHORETT y
NICKEL y
RICHARD k
MULVIHILL Y(5)
NAYS ABSTAIN ABSENT
L�
Georgeann FGnna, CNW, City Clerk
The foregoing Resolution is hereby approved this 4"' day of April 2018.
R. Carey Da is, Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
B
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