Item Coversheet

Agenda Item No: 10.






AGENDA REPORT

DATE:

May 4, 2021 

TO:

Mayor and City Council

FROM:

Stefan T. Chatwin, City Manager


SUBJECT:Continued Public Hearing to Hear Public Testimony, and Discuss, Consider and Take Action to (1) Award Preliminary Approval Operate a Commercial Cannabis Retail Business in the City to Selected Finalists, (2) Direct Staff to Prepare a Resolution for Adoption that Authorizes the City Manager to Issue a Commercial Cannabis Retail Permit to Operate a Commercial Cannabis Retail Business in the City to Each of the Selected Finalists 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 Retail Permit

RECOMMENDED ACTION 

Hear public testimony and discuss, consider and take action to award preliminary approval to selected commercial cannabis business retail operators and provide direction to staff in identifying additional conditions of approval to be included in a resolution for adoption that authorizes the city manager to issue the chosen finalists a commercial cannabis business retail permit to operate a commercial cannabis retail business in the city.

STATEMENT OF ISSUE 
At City Council’s direction, this item has been continued to allow all 14 retail cannabis applicants to present to the council over the course of two special meetings that occurred on April 28 and 29, 2021. The councilmembers will now 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. All 14 applicants for a retail cannabis permit will now be considered by the council. 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 has continued the public hearing on this item to consider the applications of all 14 applicants. Each applicant has now had the  opportunity to make a presentation to the council. The council heard applicant presentations over the course of two special meetings held on Wednesday, April 28 and Thursday, April 29, 2021. The council will now hear public testimony, discuss, and possibly take preliminary action. Following the public testimony, each applicant will be provided a two-minute rebuttal period before the hearing is closed.

 

At each of the special meetings the council heard presentations from 7 retail cannabis applicants. Following each presentation, the council asked questions of each of the applicants regarding such things including their business qualifications and experience, safety plan, security plan, neighborhood compatibility plan, community benefits, or other items specific to their application and presentation.  The order of presentations were alphabetical as follows:

 

April 28

1.     Authentic Fairfield

2.     CCC Associates of Fairfield

3.     Community Veterans of Fairfield

4.     East of Eden North Bay

5.     Element 7

6.     Fairfield Erudite Ventures

7.     FWC

 

 April 29

1.     Horizon Fairfield

2.     J.J.V.I. Enterprises

3.     Responsible and Compliant Retail

4.     The Showcase

5.     SPCF

6.     3Bros Fairfield

7.     Walkerville Lake

 

Staff created applicant information packets for each of the 14 applicants which include: (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, these packets provide a summary of the notable contents of each application. These packets were presented at the April 28 and April 29 meetings.

 

Following all presentations and public comment, the council is being asked to make their decision as to which applicants will be awarded preliminary approval to receive a commercial cannabis business retail permit and any additional conditions of approval they would like to be included.  At a minimum, the community benefits offered in the selected 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 retail permit to a chosen 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 each of the chosen applicants 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 these meetings 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 finalists 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 

A public comment period was provided for all 14 applicants in accordance with the requirements of the “Application Procedures and Guidelines for a Commercial Cannabis Business Permit." Notice of the public comment period was sent to all property owners located within 600 feet of the proposed business location for each applicant. Public comments pertaining to a particular applicant are summarized in their attached applicant information packets. 

 

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 council meetings on April 28, April 29, and May 4, 2021.


ALTERNATIVE ACTION 
The council may choose to preliminary award a lesser number of commercial cannabis business retail permits or to award no permits at all. This would result in a loss of anticipated tax revenue.
STAFF CONTACT 

Amy Kreimeier, Senior Planner

(707) 428-7450

akreimeier@fairfield.ca.gov


COORDINATED WITH 
City Attorney's Office
REVIEWERS:
ReviewerActionDate
Alexander, AmberApproved4/27/2021 - 3:31 PM