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AGENDA REPORT
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| | | | | | | | DATE:
| April 6, 2021
| TO:
| Mayor and City Council
| FROM:
| Stefan T. Chatwin, City Manager
| | SUBJECT: | Resolution 2021-68 of the City Council of the City of Fairfield Modifying the Application Procedures and Guidelines for the City Council’s Consideration of Commercial Cannabis Business Permit Applications and the Issuance of Permits |
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| | | | | | | | | RECOMMENDED ACTION | | Adopt resolution. |
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| | | | | | | | | STATEMENT OF ISSUE | | The City Council requested a change in the process by which the City issues commercial cannabis business permits. The proposed resolution amends the process outlined in the “Application Procedures and Guidelines for a Commercial Cannabis Business Permit” document previously approved by the City Council. |
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| | | | | | | | | DISCUSSION | At the City Council meeting of June 16, 2020, the City Council adopted Ordinance 2020-07 adding Chapter 10E, Commercial Cannabis Businesses, to the Fairfield Municipal Code (FMC). FMC Chapter 10E requires that the City Council adopt, by resolution, application and permitting procedures for new commercial cannabis businesses. The City Council approved such procedures, known as “Application Procedures and Guidelines for a Commercial Cannabis Business Permit” (Application Procedures) by Resolution 2020-136 on July 7, 2020. As adopted, Application Procedures govern the application process, the procedures by which decisions are made regarding the issuance of any commercial cannabis business permit, and the procedures for renewal of commercial cannabis business permits.
Following approval of the Application Procedures, the City opened a 45-day application period. During this period, which closed on October 23, 2020, the City received fourteen applications for retail cannabis permits and one application for a manufacturing permit. Since the close of the application period, the City conducted the application review process as set forth in the adopted Application Procedures. The Application Procedures provided that the top five applicants in each permit category with an aggregate score of at least 80% after Phase III would advance to the public comment period in Phase IV and to consideration by the City Council in Phase V.
During Phase V of the review process, the City discovered that its consultant, HdL Companies, incorrectly scored certain applications in Phase II of the process. This error affected the rankings of the fourteen retail applicants. Staff informed the Council of HdL’s error at the March 16, 2021, City Council meeting.
Pursuant to FMC Section 10E.8(c) the City may initiate, modify, postpone, or cancel any request for applications or the entire program under FMC Chapter 10 at its sole discretion. At the March 16 meeting, the City Council directed that applicant scores and rankings be removed from consideration. They also directed that all 14 retail cannabis applicants be allowed to present their applications for City Council consideration and final determination.
The Proposed Resolution, modifies the previously approved Application Procedures in accordance with the Council’s direction. The modification allows all 14 applicants to be considered for permits, to make a 15-minute presentation to the City Council, and to have two minutes at the end of the public hearing to present any rebuttal following public testimony. The revised procedures also make clear that scoring of the applications and earlier interviews shall not be considered by the City Council when determining which applicants will be awarded a commercial cannabis permit.
Following approval of the modified Application Procedures, a special meeting of the City Council will be scheduled to hear all 14 retail cannabis applications. Staff anticipates the special meeting to occur over two days on April 28 and 29. Public comment, Council deliberation, and possible decision will be scheduled for the first City Council meeting immediately following, on May 4, 2021.
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| | | | | | | | | FINANCIAL IMPACT | | Revising the application procedures does not have any financial impact. |
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| | | | | | | | | PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION | Various parties have expressed interest to staff in operating a commercial cannabis business within the City and have been added to an email notification list for cannabis related items.
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| | | | | | | | | ALTERNATIVE ACTION | | The City Council may choose to modify the terms of the Application Procedures. At Council’s direction staff would return with revised Application Procedures and a resolution for approval at a subsequent meeting. Council may also choose to deny the request and not adopt the proposed resolution. |
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| | | | | | | | | COORDINATED WITH | City Attorney's Office
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| REVIEWERS: | | Reviewer | Action | Date | | Feinstein, David | Approved | 3/29/2021 - 8:49 PM | | Alexander, Amber | Approved | 3/30/2021 - 10:54 AM | | Alexander, Amber | Approved | 3/30/2021 - 10:54 AM |
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