Item Coversheet

Agenda Item No: 9.






AGENDA REPORT

DATE:

May 4, 2021 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:Continued Public Hearing;

and Hear Presentation and Discuss, Consider and Take Action to (1) Award Preliminary Approval to Operate a Commercial Cannabis Manufacturing Business in the City to One Finalists, (2) Direct Staff to Prepare a Resolution for Adoption that Authorizes the City Manager to Issue a Commercial Cannabis Manufacturing Permit to Operate a Commercial Cannabis Manufacturing Business in the City to the Selected Finalist in Accordance with the Requirements and Procedures for Operation in Fairfield Municipal Code Chapter 10E and Any Conditions of Approval, and (3) Provide Direction to Staff in Identifying any Additional Conditions of Approval, Such as Community Benefits, to be Included with the Resolution Authorizing the Issuance of a Commercial Cannabis Manufacturing Permit

RECOMMENDED ACTION 

Hear presentations; award preliminary approval to one commercial cannabis business manufacturing operator; and provide direction to staff for additional conditions of approval to be included in a future resolution to authorize the city manager to issue commercial cannabis business manufacturing permit.

STATEMENT OF ISSUE 

At City Council’s direction, this item has been continued from the March 16, 2021 City Council meeting. The council will now hear the applicant presentation, hear public testimony, discuss, and possibly take preliminary action.

DISCUSSION

At the April 6, 2021, City Council meeting, the council approved Resolution 2021-68, modifying the application review procedures for a commercial cannabis business permit. Scores previously awarded to each applicant during Phases II and III of the application review process will no longer be considered as part of the council's decision-making process. The council will consider the applicant presentations, the materials presented by staff, the public testimony, and any other evidence in the record to make its determinations on the award of permits.

 

The applicant will be provided the opportunity to make a presentation to the council. The presentation will be limited to 15 minutes. Following the presentation, the council may ask questions of the applicant regarding such things as their business qualifications and experience, their safety plan, security plan, neighborhood compatibility plan, community benefits, or other items specific to their application and presentation.

Staff created an applicant information packet for the manufacturing applicant which includes: (1) a summary of the information provided on the business owners, business plan, labor and local enterprise plan, safety plan, security plans, business location, and proposed community relations plan; (2) current cannabis license information; and (3) public comment letters received. Taken together, the packet provides a summary of the notable contents of the application.

Following the presentation and public comment, the council is being asked to award preliminary approval to receive the one commercial cannabis business manufacturing permit available and to decide on any additional conditions of approval they would like to be included. At a minimum, the community benefits offered in the applicant’s application as part of their community relations plan will be included as a condition of approval by staff. The decision of the council to award a commercial cannabis business manufacturing permit to the applicant will be preliminary and no permit will be issued at this meeting.

A resolution which sets forth the findings of the council and the final conditions of approval will be brought back to the council for approval at a subsequent meeting. This resolution will also authorize the city manager to issue a commercial cannabis business permit to the chosen applicant upon successful completion and satisfaction of the remaining requirements of Fairfield Municipal Code Chapter 10E and conditions of approval. Fairfield Municipal Code Chapter 10E outlines additional requirements that a successful applicant must satisfy prior to the issuance of the permit and start of operations which includes obtaining LiveScans (fingerprinting and background checks) of all owners, passing building inspections, entering into a community relations agreement with the City of Fairfield, and satisfying other similar requirements included in Fairfield Municipal Code Chapter 10E.


FINANCIAL IMPACT
The actions requested of the council at this meeting will not result in any direct financial impact to the city. Any conditions of approval, including community benefits, that the council decides to require of the chosen finalist that may result in a positive financial benefit to the city will be analyzed as part of the subsequent meeting’s agenda report.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION 
The city provided a public comment period for the applicant beginning on Monday, January 25, 2021 and ending on Monday, February 8, 2021. Notice of this public comment period was mailed to all property owners within 600 feet of the applicant’s proposed business location. The city received one public comment letter during that time. This letter and the city’s response is included in the Applicant Information Packet.

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. A public hearing notice was published in the Daily Republic newspaper, emailed to all persons on the noticing list, and posted on the website for the City Council meeting on May 4, 2021.

ALTERNATIVE ACTION 
The council may choose not to award a commercial cannabis manufacturing permit. However, this would result in a loss of anticipated tax revenue.

The council may also choose to consider additional applications for a commercial cannabis manufacturing permit. If the council chooses this alternative, the city will need to open a second application period to begin accepting additional applications for a commercial cannabis manufacturing permit. Staff would prepare a resolution for approval by the council declaring a cannabis manufacturing permit open application period. Following the closure of the application period, staff would conduct a review of any applications received and present them to the council. Staff anticipates this review to take up to six months.
STAFF CONTACT 
Amy Kreimeier, Senior Planner
(707) 428-7450
akreimeier@fairfield.ca.gov

COORDINATED WITH 
City Attorney's Office
ATTACHMENTS:
Description
Information Packet
REVIEWERS:
ReviewerActionDate
Alexander, AmberApproved4/28/2021 - 1:43 PM