Table of Contents Agenda.pdf 2 Item 01 - Minutes.pdf 9 Item 02 - List of Demands.pdf 20 Item 04 - Lagoon Committee Appointment.pdf 41 Item 05 - Finance Committee Appointment.pdf 67 Item 06 - Short Term Rental Ad-Hoc Update.pdf 96 Item 07 - Transactions and Use Tax Second Reading.pdf 128 Item 08 - Sales Tax Education Strategy.pdf 142 Item 09 - City Hall Project Status Update - 8-1-16.pdf 144 Item 10 - Anderson Canyon.pdf 145 Item 11 - Medical Marijuana Regulation Discussion.pdf 146 Del Mar City Council Meeting Agenda City of Del Mar, City Council Chambers ffi 2010 Jimm Durante Blvd Suite 100 Del Mar California
Sherryl Parks Regular Meeting Mayor Monday, August 1,2016 at 6:00 P.m. It is the intention of your City Council to be receptive to your Terry Sinnott concerns about your community. Your participation in local Deputy Mayor government will assure a responsible and efficient City of Del Mar. Al Corti Regular Meetings of the City Council are held on the first and Council Member third Mondays of the month beginning at 6:00 p.m. Council meetings are occasionally held on the second Mondays and/or Don Mosier special meetings called. For further information regarding the meetings or meeting agendas, check the City's Council Member scheduling of website at www.delmar,ca.us, or call the Administrative Services Department at (858) 755-9313. Any electronic Dwight Worden presentations must be received before 9 a.m. on the date of the Council Member Council meeting. No PowerPoint presentations can be loaded during the meeting.
Scott W. Huth You may sign up on the City's website for email notifications of City Manager public meetings. A full City Council agenda packet with all backup information is available at City Hall, the Del Mar Library, and on the City's web site the Friday before each Council Leslie E. Devaney meeting. Materials related to an item on this Agenda submitted City Attorney to the City Council after distribution of the agenda packet are available for public inspection at City Hall at 2010 Jimmy Durante Ashley Jones Blvd. during normal business hours and are posted online as "Red Dots." Administrative Services Director Consent Calendar: ltems on the Consent Calendar will be Kathleen A. Garcia enacted in accordance with the recommendations in one motion Planning and Community unless removed from the Consent Calendar by Council, staff, or a member of the public. lf you wish to remove an item from the Development Director Consent Calendar, please submit a "Speaker Slip" to the City Clerk prior to the meeting. Removed items will be considered after the motion to approve the Consent Calendar.
How to Speak at a Council Meeting: Anyone may address the City Council for up to three minutes, at the Mayor's discretion, on items on the Agônda. Please submit a "speakers Slip" to the City Clerk prior to the Mayor announcing the agenda item. Tñe forms are located near the door at the rear of the Meeting Room. The Agenda item number being addressed should appear on the speaker slip. The Mayor will call you forward at the appropriate time. To speak on a City-related concern that is NOT on the Agenda, please complete a "Speaker Slip" and submit it to the City Clerk prior to the beginning of the meeting. You will be called forward during the ORAL COMMUNICATIONS portion of the agenda.
When addressing the Council, please step up to the podium and state your name and address for the record' Each speaker wili have up to three minutes to speak at the discretion of the Mayor. Whenever possible, lengthy testimony should be presented to the Council in writing and only pertinent points presented orally. Agenda items MAY be addressed in any order at the discretion of the Mayor.
Special Needs: ln compliance with the Americans with Disabilities Act, if you need special assistance to Department at 20'10 Jimmy Durante 'Blvd.,orbycalling(B5S)755-93'13.participate in this meeting, please contact the Administrative Services Notificationofatleast48hourspriortothemeetingwill enabletheCityto make reasonable arrangements to ensure accessibility to this meeting'
As a courtesy to all meeting attendees, please set cellular phones to silent mode and engage in conversations outside the Council Chambers.
2010 Jimmy Durante Blvd., Del Mar, CA 92014 www.delmar.ca.us Del Mar City Council Regular Meeting August 1,2016 Agenda Page 2
cAr r rô oRtìtrR/Rôt I cAt I
II. PLEDGE OF ALLEGIANCE
III. ORALCOMMUNICATIONS
Each person wishing to speak before the City Council on any matter shall submit a "Speaker Slip" to the City Clerk. When the Mayor recognizes you, please come forward and state your name and address. Each speaker will have up to three (3) minutes to speak at the discretion of the Mayor and you may be asked clarifying questions about your issue. Your information may be received, placed on a future agenda, or referred to the City Manager by the City Council. State law generally precludes the City Council from discussing or acting upon any topic presented during oral communications that is not described on the posted agenda. NOTE: THERE lS A TIME LIMIT OF 30 MINUTES FOR THIS SECTION OF PUBLIC COMMUNICATIONS AND EACH SPEAKER WILL BE HEARD IN THE ORDER OF THE SUBMISSION OF THEIR SPEAKER SLIP. SPEAKERS WHO HAVE TURNED IN A SPEAKER SLIP PRIOR TO THE TIME ORAL COMMUNICATIONS WAS CALLED ON THE AGENDA, BUT WERE NOT HEARD DURING THE INITIAL TIME PERIOD SHALL BE CALLED TO SPEAK AT THE END OF THE AGENDA.
IV AND COMME
V. CITY MANAGER'S REPORT
VI CONSENT
All items listed on the Consent Calendar are considered to be routine and will be acted upon with one motion. There will be no separate discussion of these items unless a member of the City Council or the public so requests, in which event, the item will be considered separately at the end of the agenda. 1. Approval of Minutes: July 5, 2016 Regular Meeting and Special Meeting.
Recommended Action: Approve Minutes
Reference: Clerk's Minutes Book
2 Ratification of List of Demands, dated August 1,2016
Recommended Action: Ratify the Lists of Demands.
Reference: Clerk's File No. 201-3
3 Waiver of Reading of Ordinances ori Agenda
Recommended Action: Waive reading of ordinances.
Reference: Clerk's File No. 401-4
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4. Appointment to the San Dieguito Lagoon Gommittee
Recommended Action: Council Liaisons to the San Dieguito Lagoon Committee (SDLC) recommend the reappointment of Jeffrey Barnouw to a four-year term on the San Dieguito Lagoon Committee expiring August 1, 2020.
Reference: Clerk's File No. 401-5
5. Appointments to the Finance Committee
Recommended Action: Council Liaisons to the Finance Committee recommend the appointment of Scott MacDonald and Bob Gans, and the re- appointment of Bud Emerson and Clive Freeman to three-year terms on the Finance Committee, expiring on July 30,2019.
Reference: Clerk's File No. 401-5
vlt CITY COUNCIL OÏHER B IJSINESS
6. Update from Short Term Residential Rental Ad-Hoc Committee
Recommended Action: Receive update from City Council Ad-Hoc Committee (Sinnott and Worden) regarding their efforts to date in developing a conceptual, progressive, regulatory framework for Short-Term Residential Rentals.
Reference: Clerk's File No.301-19
7. Second Reading of Resolution Calling for an Election and Ordering the Submission of an Ordinance lmposing a Transactions and Use Tax to be Administered by the State Board of Equalization to the Qualified Voters of the Gity, and Requesting that the Board of Supervisors of the County of San Diego Gonsolidate the Election with the General Election to be Held on November 8, 2016 and Election Services Be Provided by the San Diego Gounty Elections Department and Setting the Ballot Language
Recommended Action: Staff recommends that the C ity Council read the title and adopt the following resolution:
A resolution calling for an election and ordering the submission of an ordinance imposing a transactions and use tax to be administered by the State Board of Equalization to the Qualified Voters of the City, and requesting that the Board of Supervisors of the County of San Diego consolidate the election with the general election to be held on November B, 2016, and election
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services be provided by the San Diego County Elections Department and setting the ballot language.
Reference: Clerk's File No. 201-10,401-4 I Discuss Educational Outreach for the Transaction and Use Tax Ballot Measure and Auth onze the Gity Manager to Contract for Professional Services
Recommended Action: Receive report on educational outreach for the transaction and use tax ballot measure and authorize the City Manager to seek proposals for consulting services, and negotiate and execute a contract for professional education and outreach services for a not-to-exceed $25,000, subject to approval by the City Attorney.
Reference: Clerk's File No. 201-10,1201-6
9 Community Forum & Status Report/Direction on the Gity Hall/Town Hall Project TIME CERTAIN - 6:30 P.M.
This is an open forum for comments by community members regarding the City Hall/Town Hall Project. Community members are provided an opportunity to speak for up to 3 minutes to share their comments about the project, with the overall Forum not to exceed 30 minutes. ln addition, the Council Subcommittees for the City Hall/Town Hall Project and staff may provide updates, status reports or other information on the Project for City Council discussion and direction. Any electronic presentations must be received before 9 a.m. on the date of the Council meeting. No PowerPoint presentations can be loaded during the meeting.
City Council Sub-Gommittee Assignments for the Gity Hall/Town Hall Project:
. Design Process Corti/Mosier o Cost and Financing Corti/Sinnott o SustainabilityFeatures MosierAfforden . Community Outreach Parks/Sinnott . Demolition and Construction City Manager
Recommended Act Provide report, discuss and obtain direction.
Reference: Clerk's File No. 307-7
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10. Anderson Canyon Emergency Progress Update
Recommended Action: Staff requests that the City Council receive the Anderson Canyon Emergency progress update presentation.
Reference: Clerk's File No. 1103-1 ,1404-2
11. Discussion of Potential Regulation of Medical Marijuana Uses in the City of Del Mar Recommended Action: Staff recommends that the City Council
1. Receive the report and consider issues relating to commercial cultivation, delivery, distribution, and processing of medical marijuana;
2. Receive the report on state legislation authorizing local regulation of commercial medical marijuana uses;
3. Receive the report on the different regulatory approaches being taken by other jurisdictions around the state toward medical marijuana uses.
4. Receive the report and consider the potential fiscal impacts associated with the cost of regulating medical marijuana uses.
Staff also recommends that the Council direct staff to do one of the following:
1. Proceed with a proposed process, using a community workshop approach, to establish regulations for Medical Marijuana uses in Del Mar which will then be reviewed by City Council for direction on crafting an ordinance;
2. Provide specific direction on the parameters of an ordinance and return at a future Council meeting with a proposed Municipal Code amendment, establishing regulations and a permitting process that would be applicable to the:
a. commercial cultivation/processing of medical marijuana, and/or;
b. the commercial distribution of medical marijuana; and/or,
c. the residential delivery of medical marijuana; and/or, 3. Maintain the status quo - i.e. continue to prohibit all forms of medical marijuana uses within Del Mar, in accordance with Chapter 30.85 (Medical Marijuana Land Use Prohibition) of the Municipal Code.
Reference: Clerk's File No. 1104-3
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VIII. COUNCIL PRIORITIES - REPORTS 12. A Council member assigned as a Liaison to a Subcommittee or Regional Organization may make a written or oral report. State law precludes the Council from commenting on, discussing, or acting on a report, unless the item of business within the report is described in this agenda.
A 22nd District Agricultural Association - Community Relations Committee (Corti/Mosier) Update Status Report Recommended Action Receive oral report on current activities and provide direction as needed. Reference: Clerk's File No. 1502-10 B. Ad-Hoc Development Review Process Citizens' Advisory Committee (MosierAfforden) Gommittee Update Recommended Action: Receive oral report on staffing and resource needs and provide direction as needed. Reference: Clerk's File No. 401-5 C. Ad-Hoc San Dieguito Double Track Project Committee (ParksAlVorden) D. Business Support Advisory Committee (Corti/Mosier) E. Capital lmprovement Projects Subcommittee (Mosier/Corti) F. City Hall Project Subcommittee (Corti/Mosier) G. CSA-17 Ambulance District Advisory Board (Parks/Corti) H. Fairgrounds Master Plan/ElR Advisory Committee (Sinnott/Corti) L FinanceCommittee(Corti/Sinnott) Gommittee Update Recommended Action: Receive oral report on current activities and provide direction as-needed. Reference: Clerk's File No.401-5 J. Fire Services Subcommittee (Sinnott/Parks) K. Housing Element Advisory Committee (MosierAlVorden) L. Human Resources Subcommittee (Corti/Sinnott) M. LAFCO Cities Advisory Committee (Corti/Parks) N. League of California Cities - San Diego Chapter (Corti/Parks) O. Legislative Advocacy Subcommittee (Mosier/Sinnott) P. North San Diego County Transit Development Board (NCTD) (Mosier/Corti) O. Parks and Recreation Committee (Sinnott/Parks) R. Planning Process Subcommittee (Corti/Mosier) S. Regional Solid Waste Association (Sinnott/Mosier) T. San Diego Association of Governments (Sinnott/Worden) U. San Diego Metropolitan Wastewater Commission (Parks/Minicilli) V. San Dieguito Lagoon Committee (MosierAlVorden) W. San Dieguito River Valley Regional Open Space JPA (Mosier/Worden) X. Sea-Level Rise Stakeholder-Technical Advisory Committee (STAC) (MosierÄfforden)
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Y. Shores Advisory Committee (Parks/Sinnott) Z. SONGS (San Onofre Nuclear Power Station) Subcommittee (Mosier/Worden) AA. Sustainability Advisory Board (MosierAlVorden) BB. Traffic and Parking Advisory Committee (ParksAlVorden) CC. Other Committee-Subcommittee Reports
IX. UPCOMING AGENDA ITEMS
The following topics/items are planned for upcoming agendas. Please watch our web site: www.delmar.ca.us for City Council Agendas. Final agendas are posted at City Hall72 hours in advance of the meetings and are also posted on our web site with the accompanying report. Please note that the wording for topics listed below may change once the final agenda is published.
September
o Breeder's Cup . Discussion of Potential Regulation of Medical Marijuana Uses o Award City Hall Construction Contract . Award of Construction Bid for Construction of San Dieguito Roundabout . Appointment to the Sustainability Advisory Board . Appointment to the Business Support Advisory Committee
X. ADJOURNMENT
CERTIFICATION
l, Ashley Jones, Administrative Services Director/City Clerk for the City of Del Mar, hereby certify that a copy of this agenda was posted at City Hall on July 28, 2016 at app ly 4:30 p.m
Ashley Jones, Admin Services Director/City Clerk
2010 Jimmy Durante Blvd., Del Mar, CA 92014 www.delmar.ca.us MINUTES Del Mar City Council Meeting Tuesday, July 05, 2016 Del Mar Communications Center 240 Tenth Street, Del Mar, California
The minutes set forth the actions taken by the City Council on the matters stated. Audio/video recordings of the City Council proceedings are retained for a period of ten years, in accordance with the City’s Records Retention Schedule. Audio/video recordings, as well as written materials presented to the City Council, including Red Dots (materials provided to the City Council after the agenda was published), are available on the City’s website at www.delmar.ca.us/AgendaCenter or by contacting the Administrative Services Department at (858) 755-9313. CALL TO ORDER/ROLL CALL – 6:00 P.M.
All Council Members were present.
PLEDGE OF ALLEGIANCE
Mayor Parks led the Pledge of Allegiance.
ORAL COMMUNICATIONS
Janet Wilson, Hoska Drive, spoke about the declining honey bee population. She cited pesticides as the main reason for the decline. She asked for the City’s help in educating the community on the plight of the honey bee and on the use of pesticides.
City Manager Huth indicated the City does not currently use synthetic fertilizers or pesticides, and are looking into natural and organic alternatives for City parks. He explained that the bee educational information provided by Janet Wilson can be put on the City’s website, and be distributed as an insert in utility bills.
Council Members Worden and Mosier offered to help with this effort.
Mayor Parks would like an item placed on a Parks and Recreation Committee agenda regarding this issue.
1 August 1, 2016 Item 01 DEL MAR CITY COUNCIL MINUTES JULY 05, 2016 PAGE 2
CITY MANAGER’S REPORT
City Manager Huth updated the Council on the KAABOO project, announcing an outreach effort for the public scheduled for July 6, 2016 at 7:00 P.M in the Fairgrounds Board Room.
GOVERNING BODY ACTIONS AND COMMENTS
Council Member Mosier announced that the 4th of July parade was a great success and thanked the Del Mar Foundation and staff for their work in organizing the parade.
Council Member Worden spoke about the modified One Paseo project and announced its approval by the San Diego City Council.
CONSENT CALENDAR
Administrative Services Director Jones read the titles and recommendations of items 1 through 9 on the Consent Calendar. Council Member Mosier requested that Items 14 and 15 be added to the Consent Calendar. Administrative Services Director Jones read the titles and recommendations of items 14 and 15.
Mayor Parks opened items 14 and 15 to public comment; there being no one to speak, she closed the item to public comment.
IT WAS MOVED BY DEPUTY MAYOR SINNOTT, SECONDED BY COUNCIL MEMBER MOSIER, TO APPROVE CONSENT CALENDAR ITEMS 1 THROUGH 9, AND ITEMS 14 AND 15. MOTION PASSED 5-0, WITH COUNCIL MEMBER WORDEN ABSTAINING ON ITEM 1.
ITEM 1 APPROVAL OF MINUTES: JUNE 6, 2016 REGULAR MEETING AND SPECIAL MEETING (Clerk’s Minutes Book)
Council approved the minutes, on Consent.
ITEM 2 RATIFICATION OF LIST OF DEMANDS, DATED JULY 5, 2016 (Clerk’s File No. 201-3)
Council ratified the List of Demands, on Consent.
ITEM 3 WAIVER OF READING OF ORDINANCES ON AGENDA (Clerk’s File No. 401-4)
2 August 1, 2016 Item 01 DEL MAR CITY COUNCIL MINUTES JULY 05, 2016 PAGE 3
Council waived reading of ordinances, on Consent.
ITEM 4 APPROVAL OF A PROFESSIONAL SERVICES CONTRACT FOR CITYWIDE TREE MANAGEMENT AND MAINTENANCE SERVICES (Clerk’s File No. 406-1, 1403- 7)
Council authorized the City Manager to execute a five-year professional services contract with West Coast Arborists, Inc. (WCA) for Citywide Tree Management and Maintenance Services for an annual amount not-to-exceed $75,000, on Consent.
ITEM 5 APPROVAL OF A PROFESSIONAL SERVICES CONTRACT FOR CITYWIDE TRAFFIC SIGNAL MAINTENANCE AND REPAIR SERVICES (Clerk’s File No. 406-1, 903-1)
Council authorized the City Manager to execute a two-year professional services contract, with options to extend for an additional four years, with Southwest Traffic Signal Service (SWS) for Citywide Traffic Signal Maintenance and Repair Services for an annual amount not-to-exceed $35,000, on Consent.
ITEM 6 CONTRACT AMENDMENT WITH NASLAND ENGINEERING FOR ENGINEERING DESIGN SERVICES (Clerk’s File No. 406-1)
Council authorized the City Manager to execute a contract amendment to the Professional Services Agreement with Nasland Engineering (Nasland) to provide engineering design services for the Sidewalk, Street, and Drainage Project through December 31, 2017, on Consent.
ITEM 7 CONTRACT AMENDMENT WITH ATKINS NORTH AMERICA, INC. FOR ENGINEERING DESIGN SERVICES (Clerk’s File No. 406-1)
Council authorized the City Manager to execute a contract amendment to the Professional Services Agreement with Atkins North America, Inc. (Atkins) to provide engineering design services for the SEJPA Wastewater Force Main Project through December 31, 2016, on Consent. ITEM 8
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AUTHORIZATION FOR SOLE-SOURCE PURCHASE OF PARKING PAY STATIONS (Clerk’s File No. 905-4)
Council authorized the City Manager to make a sole-source purchase of up to six parking pay stations, for an amount not to exceed $50,000, to facilitate payments for newly created public parking stalls along Via de la Valle and Camino del Mar, on Consent.
ITEM 9 2016 MANDATORY REVIEW OF THE DEL MAR CONFLICT OF INTEREST CODE (Clerk’s File No. 404-6)
Council directed staff to review the City’s Conflict of Interest Code and submit a written report to the City Council prior to October 1, 2016, on Consent.
ITEM 14 CITY OF DEL MAR DRAFT COMMENT LETTER REGARDING REPORT ON ECONOMIC IMPACT STUDY OF THE DEL MAR FAIRGROUNDS COMPLETED IN PARTNERSHIP WITH THE CITY OF SOLANA BEACH AND THE 22ND DISTRICT AGRICULTURAL ASSOCIATION (Clerk’s File No. 1502-10, 1601-9)
Council approved staff to draft a comment letter to the 22nd District Agricultural Association Fair Board, regarding a report on the Economic Impact study of the Del Mar Fairgrounds completed in partnership with the city of Solana Beach and the 22nd District Agricultural Association, on Consent.
ITEM 15 RECOMMENDATION TO ADJUST WATER USE RESTRICTIONS TO DROUGHT STAGE 1 WHILE ENCOURAGING CONTINUED VOLUNTARY ADHERENCE TO STAGE 2 WATER RESTRICTIONS (Clerk’s File No. 907-6)
Council adopted Resolution 2016-42, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, MODIFYING THE DROUGHT RESPONSE LEVEL TO STAGE 1 - DROUGHT WATCH AND ENCOURAGING CONTINUED VOLUNTARY ADHERENCE WITH STAGE 2 WATER RESTRICTIONS”, on Consent. CITY COUNCIL OTHER BUSINESS
ITEM 16 CONSIDERATION OF MODIFICATIONS TO DMMC 23.28 ENCROACHMENT PERMITS (Clerk’s File No. 401-9, 802-1)
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Planning Manager, Elliot-Yawn, provided staff report.
Mayor Parks opened the item to public comment; there being no one to speak, she closed the item to public comment.
Council Member Worden expressed concern about the current process not requiring a majority vote. He suggested to make the change to ensure that a majority vote is required.
Council Member Corti expressed concern about the generalities in the proposed modifications. He asked that the language be made more specific.
IT WAS MOVED BY COUNCIL MEMBER MOSIER, SECONDED BY COUNCIL MEMBER WORDEN, TO ADOPT THE SUGGESTED LANGUAGE CHANGES ON PAGE 139 OF THE ONLINE CITY COUNCIL PACKET, AND TO HAVE STAFF RETURN WITH PROPOSED FINAL LANGUAGE. MOTION PASSED 5-0.
ITEM 10 COMMUNITY FORUM & STATUS REPORT/DIRECTION ON THE CITY HALL/TOWN HALL PROJECT (Clerk’s File No. 307-7)
City Manager Huth spoke about a temporary sound wall, (bales of hay) on the perimeter and still on target to have demolition completed by the end of the month. He noted the design stage is coming to a close. He announced that the construction bid will be issued in August and awarded at the first Council meeting in September.
Mayor Parks opened the item to public comment and the following people spoke:
Annette Wiesel, Heather Lane
Mayor Parks closed the item to public comment.
ITEM 11 REPORT OF THE BALLOT INITIATIVE ENTITLED "VOTER APPROVAL FOR CERTAIN DEVELOPMENT PROJECTS" (Clerk’s File No. 402-1, 402-3, 402- 8)
Council Member Corti was recused for this item.
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Planning Manager, Elliot-Yawn, and Assistant City Attorney Schultz, provided a powerpoint presentation.
Mayor Parks questioned the time requirement to put something on the ballot and whether a special election would be required. Assistant City Attorney Schultz indicated a project would go through the City’s normal process and then be taken to the public for a vote through a special or general election, depending on the timing.
Mayor Parks asked for clarification of the Coastal Commission implications. Planning Manager Elliot-Yawn stated the Coastal Commission needs to approve changes to the Local Coastal program, which would be required by the initiative.
Council Member Mosier noted essentially no new development until Del Mar had a certified new Local Coastal program.
Assistant City Attorney Schultz stated under the initiative any zoning change would require a vote of the community.
Mayor Parks opened the item to public comment and the following people spoke:
Roger Arnold, Balboa Avenue Arnold Wiesel, Heather Lane Beth Westburg, Oribia Road Annette Wiesel, Heather Lane Janice Batter, 15th Street Wade Walker, Oribia Road
Mayor Parks closed the item to public comment.
IT WAS MOVED BY DEPUTY MAYOR SINNOTT, SECONDED BY COUNCIL MEMBER WORDEN, TO ACCEPT THE REPORT. MOTION PASSED 4-0, WITH COUNCIL MEMBER CORTI RECUSED.
ITEM 12 CITY COUNCIL ACCEPTANCE OF CERTIFICATION OF INITIATIVE PETITION ENTITLED "VOTER APPROVAL REQUIREMENT FOR CERTAIN DEVELOPMENT PROJECTS" (Clerk’s File No. 402-1, 402-8)
Council Member Corti was recused for this item.
Administrative Services Director Jones provided the staff report.
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Mayor Parks opened the item to public comment. There being no one to speak, she closed the item to public comment.
Deputy Mayor Sinnott indicated he respects the requirement to put this on the ballot.
Mayor Parks spoke about it needs to be taken seriously the responsibility to meet affordable housing goals. She noted the financial impacts of this effort will take funds away from future affordable housing efforts.
IT WAS MOVED BY COUNCIL MEMBER WORDEN, SECONDED BY COUNCIL MEMBER MOSIER, TO APPROVE RESOLUTIONS 2016-43, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, AS CALLED ON JUNE 6, 2016 BY RESOLUTION NO. 2016-31, A PROPOSED ORDINANCE RELATING TO VOTER APPROVAL REQUIREMENT FOR CERTAIN DEVELOPMENT PROJECTS”; RESOLUTION 2016-44, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A PROPOSED ORDINANCE RELATING TO VOTER APPROVAL REQUIREMENT FOR CERTAIN DEVELOPMENT PROJECTS AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS” AND RESOLUTION 2016-45, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES”. MOTION PASSED 4-0 WITH COUNCIL MEMBER CORTI RECUSED.
Council designated Council Member Mosier and Deputy Mayor Sinnott to prepare rebuttal arguments for the ballot regarding this initiative.
ITEM 13 CONSIDERATION OF COMPETING ALTERNATIVE MEASURE FOR THE NOVEMBER 8, 2016 GENERAL ELECTION (Clerk’s File No. 402-1)
Council Member Corti was recused for this item.
Mayor Parks asked about the Council’s rights and responsibilities to advocate for a certain initiative on the ballot, and about potential tools with which to educate the public as to the ramifications of either initiative. City Attorney Devaney stated
7 August 1, 2016 Item 01 DEL MAR CITY COUNCIL MINUTES JULY 05, 2016 PAGE 8 you can advocate as a private citizen. She also noted resources can be put into public education.
Mayor Parks opened the item to public comment. There being no one to speak, she closed the item to public comment.
Council Member Mosier spoke concerning his opposition to a competing measure due to the short time frame, and ballot measure would have to have same subject matter and could be confusing to the public.
Deputy Mayor Sinnott thanked Council member Worden for coming forward with an offer to prepare a competing measure, but he would rather have initiative stand on its own merits.
It was voted 3-1 with Mayor Parks, Deputy Mayor Sinnott and Council Member Mosier opposed to preparing a competing measure, Council Member Worden in favor and Council Member Corti recused.
COUNCIL PRIORITIES – REPORTS
A. 22nd District Agricultural Association - Community Relations Committee (Corti/Mosier) B. Ad-Hoc Development Review Process Citizens’ Advisory Committee (Mosier/Worden) C. Ad-Hoc San Dieguito Double Track Project Committee (Parks/Worden) D. Business Support Advisory Committee (Corti/Mosier) E. Capital Improvement Projects Subcommittee (Mosier/Corti) F. City Hall Project Subcommittee (Corti/Mosier) G. CSA-17 Ambulance District Advisory Board (Parks/Corti) H. Fairgrounds Master Plan/EIR Advisory Committee (Sinnott/Corti) I. Finance Committee (Corti/Sinnott) J. Fire Services Subcommittee (Sinnott/Parks) K. Housing Element Advisory Committee (Mosier/Worden) L. Human Resources Subcommittee (Corti/Sinnott) M. LAFCO Cities Advisory Committee (Corti/Parks) N. League of California Cities – San Diego Chapter (Corti/Parks) O. Legislative Advocacy Subcommittee (Mosier/Sinnott) P. North San Diego County Transit Development Board (NCTD) (Mosier/Corti) Q. Parks and Recreation Committee (Sinnott/Parks) R. Planning Process Subcommittee (Corti/Mosier) S. Regional Solid Waste Association (Sinnott/Mosier) T. San Diego Association of Governments (Sinnott/Worden)
8 August 1, 2016 Item 01 DEL MAR CITY COUNCIL MINUTES JULY 05, 2016 PAGE 9
U. San Diego Metropolitan Wastewater Commission (Parks/Minicilli) V. San Dieguito Lagoon Committee (Mosier/Worden) W. San Dieguito River Valley Regional Open Space JPA (Mosier/Worden) X. Sea-Level Rise Stakeholder-Technical Advisory Committee (STAC) (Mosier/Worden) Y. Shores Advisory Committee (Parks/Sinnott) Z. SONGS (San Onofre Nuclear Power Station) Subcommittee (Mosier/Worden) AA. Sustainability Advisory Board (Mosier/Worden) City of Del Mar Comment Letter to California Public Utilities Commission regarding Proposed Independent Marketing Division by San Diego Gas & Electric Recommended Action: Received report and Council Member Mosier stated big issue is the Independent Marketing Division. Reference: Clerk’s File No. 401-5
Council Member Worden spoke about wanting the Housing Element Advisory Committee to be reinstated and he will report back to Council in September.
ADJOURNMENT – 8:05 P.M.
Mayor Parks adjourned the meeting at 8:05 P.M.
______ASHLEY JONES, ADMINISTRATIVE SERVICES DIRECTOR
ATTEST:
______Sherryl Parks, Mayor
9 August 1, 2016 Item 01 MINUTES Del Mar City Council Special Meeting Monday, July 5, 2016 Del Mar Communications Center 240 Tenth Street, Del Mar, California
CALL TO ORDER/ROLL CALL – 4:02 P.M.
Mayor Parks, Deputy Mayor Sinnott, Council Members Corti, Mosier and Worden. City Manager Huth, City Attorney Devaney, Assistant City Attorney Schultz, Attorney Richard Romero, Attorney Randy Risner, Director of Administrative Services Ashley Jones, Planning Manager Tracy Elliot-Yawn.
PUBLIC COMMENT – CLOSED SESSION – 4:02 P.M.
City Attorney Devaney opened the items to public comment; there being no one to speak, City Attorney Devaney closed the item to public comment.
City Attorney Devaney announced the authority for the Closed Session.
CLOSED SESSION – 4:03 P.M.
a. Conference with Legal Counsel Time Warner Cable – Initiation of Litigation Authority: Gov. Code Section 54956.9(d)(4) Number of Potential Cases: One Reportable Action: It was moved by Council Member Worden, Seconded by Deputy Mayor Sinnott to Initiate litigation with Time Warner Cable if-needed. Motion passed unanimously.
b. Conference with Legal Counsel Housing Element – Threat of Litigation Authority: Gov. Code Section 54956.9(e)(3) Number of Potential Cases: One Reportable Action: None
c. Conference with Legal Counsel Citizen’s Initiative – Significant Exposure to Litigation Authority: Gov. Code Section 54956.9(d)(2) Number of Potential Cases: One Reportable Action: None
10 August 1, 2016 Item 01 DEL MAR CITY COUNCIL MINUTES July 5, 2016 PAGE 2
d. Conference with Legal Counsel – Initiation of Litigation Authority: Gov. Code Section 54956.9(d)(4) Number of Potential Cases: One Reportable Action: None
e. Conference with Legal Counsel Short Term Rentals – Significant Exposure to Litigation Authority: Gov. Code Section 54956.9(d)(2) Number of Potential Cases: One Reportable Action: None
f. Public Employee Performance Evaluation Authority: Gov. Code Section 54957 (b)(1) Position: City Manager Reportable Action: None
ADJOURNMENT – 5:48 P.M.
______ASHLEY JONES, Administrative Services Director
ATTEST:
______SHERRYL PARKS, Mayor
11 August 1, 2016 Item 01 LIST OF DEMANDS
CITY OF DEL MAR for Gity Gouncil Meeting August 1,2016
Regular Vendor Payments (Attached) 7 tgl16, 7 115116, 7 l22l 16 $ 1,066,845.37 Voids Wires and EFTs 6/30/1 6, 7 I 1Bl 116, 7 l22l 16 206,131.43 Federal & State Taxes 7tgt16,7122116 85,440.02 PERS Retirement (EFT) 718116,7122116 41,426.67 PARS Retirement (EFT) 7tgt16,7122116 8,194.03 ICMA - Deferred Comp (Wire) 7l\l16,7122116 21,236.64 Cafeteria Plan 7 tBt16,7122116 1,251.66 Total $ 1,430,525.82
Approved by: Approved by 3 frtchurtw S. McBroome Sherryl Parks Director of Finance/ïreasurer Mayor
Date: Date: 712512016
Attachments: Check Registers
1 August 1, 2016 Item 02 apchkLst FinalCheck List Page: 1 0711212016 3:18:27PM City of Del Mar
Bank qunion GENERALACCOUNT UNION B¡
Check # Date Vendor lnvoice lnv Date Descriotion Amount Paid Check Total 2314 7t8t2016 irs01 IRS 8en134587 71812016 FEDERAL TAX: PAYMENT 33,528.81 33,528.81 Voucher: 2314 2315 71812016 par21 U.S. BANK PARS-#67460224008en1 34589 71812016 PUBLIC AGENCY RETIREMEN 3,773.99 3,773.99 Voucher: 2315 2316 7t8t2016 eddO1 EMPLOYMENT DEVELOPMEN Benl 34591 71812016 STATE TAX: PAYMENT 7,886.13 7,886.13 Voucher: 2316 2317 7t8t2016 van03 VANTAG EPOINT TRANSFER ABen 1 34593 71812016 ICMA DEFERRED COMP 4578 8,481.31 8,481.31 Voucher: 2317 2318 7t8t2016 per01 PERS 8en134595 71812016 PERS SVC CREDIT PURCHAS 41,426.67 41,426.67 Voucher: 2318 2319 7t8t2016 van02 VANTAGEPOINT TRANSFER ABen 1 34597 71812016 4O1A PLAN: PAYMENT 765.25 765.25 Voucher: 2319 2320 7t8t2016 natl 5 NATIONAL BEN EFIT SERVICEIBen't 34599 71812016 SEC. 125 FLEXIBLE SAVINGS 611.24 611.24 Voucher: 2320 2321 7t8t2016 van07 VANTAGEPOINT TRANSFER - 8en134601 71812016 tcMA 457(8) LOAN PAYMENT: 1,259.05 1,259.05 Voucher: 2321 5213 613012016 van02 VANTAGEPOINT TRANSFER ABen 134360-2 612412016 4OIA PLAN PAYMENT DUE - 2 162.92 162.92 Voucher: 5213 116682 718t2016 uni21 MUFG UNION BANK NA 8en134585 71812016 DMCEA DUES: PAYMENT 220.50 220.50 Voucher: 116682
Sub totalfor GENERALACCOUNT UNION BANK: 98,115.87
Page: 1
2 August 1, 2016 Item 02 apChklst FinalGheck List Page: 2 0711212016 3:18:27PM City of Del Mar
10 checks in this report. Grand TotalAll Checks: 98,115.87
+lrzlzntt
Page:2
3 August 1, 2016 Item 02 apGhklst FinalGheck List Page: 1 071'1412016 l:08:31PM Gity of Del Mar
Bank: qunion GENERALACCOUNT UNION B¡ Check# Date Vendor lnvoice lnv Date Descriotion Amount Paid Check Total 116683 711512016 12mO1 I2M|LESOUT.COM 155420 71112016 VIDEO STREAMING JUN 1,100.00 1,100.00 Voucher: 116683 1'16684 711512016 bra13 ALLISON NOEL BRADFIELD 108 711112016 MINUTES SRVCS JUN 360.00 360.00 Voucher: 116684 116685 7t15t2016 all01 ALLSTAR FIRE EQU¡PMENT 122805 6NPU6 TURNOUT UNIFORMS FIRE 10,513.91 10,513.91 Voucher: 1 1 6685 116686 711512016 app07 APPLIED INDUSTRIAL 1602768 612012016 WATER SAMPLING JUN 191.58 191.58 Voucher: 116686 116687 711512016 sbc03 AT&T 9391054486 512012016 TELEPHONE MAY 242.48 Voucher: 116687 9391054486 612012016 TELEPHONE JUN 134.80 377.28 116688 7t15t2016 sbc03 AT&T 9391026228 612012016 TELEPHONE JUN 132.41 Voucher: 116688 9391026228 512012016 TELEPHONE MAY 238.18 370.59 116689 711512016 atk0'l ATKINS NORTH AMERICA INC 1840320 612312016 WASTEWATER PIPELINE PR( 1,002.00 1,002.00 Voucher: 1 1 6689 116690 7t1512016 bou02 BOUND TREE MEDICAL LLC 82191346 612412016 EMERGENCY SUPPLIES CS 132.95 132.95 Voucher: 116690 116691 7t15t2016 cal81 CALLTOWER INC 793OOOOOO1606;612512016 TELEPHONE JUN 3,192.01 3,192.O1 Voucher: 116691 116692 7t15t2016 chu09 CHUNG, YOUJIN 442226 71512016 DUP CITE PYMT 43.00 43.00 Voucher: 116692 116693 711512016 cit1l CIry OF ENCINIÏAS 846 611612016 CSA 17 EMERG SUPPLIES 546.23 Voucher: 116693 84B 611612016 FIREWATCH TECH SUPPORT 397.96 847 611612016 IPADS/TECH SUPPORT FIRE 227.55 1,171.74 116694 711512016 cla15 CLAIMS MANAGEMENT ASSO 521 538 71412016 CLAIMSADMIN NOV/APR 887.50 Voucher: 116694 521 539 71412016 CLAIMS ADMIN JAN/APR 560.90 521537 71412016 CLAIMSADMIN FEB/MAY 617.70 2,066.10 116695 711512016 co101 COFFEE AMBASSADOR, INC. 688067 3t2312016 COFFEE CS 575.15 Voucher: 116695 688157 3t2412016 COFFEE CS 78.75 653.90 116696 711512016 com10 COMLINK LASERCARE 62157 612212016 TONER SUPPLIES UTIL 105.12 Voucher: 116696 62174 612412016 TONER SUPPLIES FIRE 75.73 180.85 116697 711512016 com17 COMPUTER PROTECTION TE21 520-PMA 7t112016 COMPUTER MAINT IT 750.00 750.00 Voucher: 116697 116698 711512O16 cor11 CORODATAMEDIASTORAGEDSl2T3TS6 613012016 STORAGESRVCSJUN 149.74 149.74 Voucher: 116698
Page:1
4 August 1, 2016 Item 02 apchklst FinalGheck List Page: 2 0711412016 l:08:3lPM City of Del Mar
Bank: sunion GENERALACCOUNT UNION B¡ (Continued)
Gheck # Date Vendor lnvoice lnv Date Descrintion Amount Paid Gheck Total 116699 7t15t2016 cor07 CORODATA RECORDS MGT I¡RS4248480 6130t2016 STORAGE SRVCS JUN 124.75 124.75 Voucher: 116699 116700 7t15t2016 cos04 co's TRAFFTC CONTROL, tN(00064741 6129t2016 TRAFFIC CONTROL SIGNS PI 2,226.70 2,226.70 Voucher: 116700 116701 7t15t2016 dav18 DAVID WELLHOUSE & ASSOCI659 612812016 MANDATED COSTS FY16 1,500.00 1,500.00 Voucher: 116701 116702 7t15t2016 dayOg DAYWIRELESSSYSTEMS 562203-00 612812016 BATTERY SUPPLIES PW 772.64 772.64 Voucher: 116702 116703 7t15t2016 del76 DE LAGE LANDEN FINANCIAL50624533 612512016 CANON COPIER CH JUL 231.72 231.72 Voucher: 116703 116704 7t15t2016 del06 DEL MAR AUTOMOTIVE SERV28246 6t15t2016 VEH BRAKE MAINT CS 500.99 Voucher: 116704 27782 3131t2016 VEH HVAC RECHRG CS 452.79 28071 511612016 VEH BATTERY MAINT CS 203.49 27205 1212912015 VEHICLE MAINT CS 143.47 1,300.74 116705 7t15t2016 del02 DEL MAR BLUE PRINT CO, IN(390449 7111t2016 CH PROJ MANUALS 993.68 Voucher: 116705 387290 612012016 PLANNING COPIES 31.15 1,024.83 116706 7t15t2016 dixO1 DIXIELINE LUMBER CO. 06-012568I 71112016 SPRINKLER PARTS FIRE 26.28 26.28 Voucher: 116706 116707 7115t2016 duk01 DUDEK & ASSOCIATES 20163435 718t2016 RIVERPATH PROJ JUN 400.00 400.00 Voucher: 116707 116708 7t15t2016 dun02 DUNN-EDWARDSPAINTS 082206514 7t1t2016 CROSSWALK PAINT PW 233.90 Voucher: 116708 082206494 711t2016 STREET PAINT PW 45.32 279.22 116709 7115t2016 esg02 ESGTL CORPORATTON 6t27-7t1t16 71512016 BLDG |NSP 6127-7t1t16 2,462.84 2,462.84 Voucher: 116709 116710 7t15t2016 fcsO1 FCS GROUP 2477-21606017 6117t2016 FEE COSTANALYSIS JUN 1,243.64 Voucher: 116710 2477-21605094 512012016 FEE COSTANALYSIS MAY 547.50 1,791.14 116711 7t15t2016 ful0l FULLCOURT PRESS 30489 71612016 ENVELOPES CH 694.O4 694.04 Voucher: 116711 116712 7t15t2016 geo00 GEORGE & KROGH WELDING4336O 51312016 TRAILER REPAIR CS 237.80 237.80 Voucher: 116712 116713 7t15t2016 dhm01 GEORGE WALLIS 18787 71512016 JANITORIAL SRVCS JUN 7,223.00 Voucher: 116713 1 8750 612812016 RESTROOM SUPPLIES PW 288.56 18752 612812016 JANITORIAL SRVCS OT JUN 48.00 7,559.56 116714 711512016 int09 GREGORY G CONLEY 132 71512016 SCADASYS MAINT 192.42 192.42 Voucher: 116714
Page:2
5 August 1, 2016 Item 02 apChkLst FinalGheck List Page: 3 0711412016 1:08:31PM Gity of Del Mar
Bank qunion GENERALACCOUNT UNION B¡ (Continued) Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 116715 7115t2016 han03 HANSON AGGREGATES PACIf 1693160 6128t2016 ROCK LOAD PW 621.57 621.57 Voucher: 116715 116716 7t15t2016 har32 HARRIS & ASSOCIATES 31859 REV 71612016 CITYWIDE WTR INFRASTRU( 21,208.75 21,208.75 Voucher: 116716 116717 7t1512016 hom01 HOME DEPOT CREDIT SRVCS9934571 4t29t2016 HAMMER KIT PW 879.96 879.96 Voucher: 116717 116718 711512016 ips02 IPS GROUP INC 18819 613012016 PRKG MTR BATTERY CS 339.00 339.00 Voucher: 116718 116719 7t15t2016 tifol LIFE-ASSIST 754439 61612016 AMBULANCE SUPPLIES 215.00 215.00 Voucher: 116719 116720 7t15t2016 fri04 MARY FRIEDSTADT 07132016 711312016 REIMB LNDSCP SRVCS 180.00 180.00 Voucher: 116720 116721 7t15t2016 nap01 NAPAAUTO PARTS 915014 716t2016 VEH MAINT SUPPLIES PW 114.85 114.85 Voucher: 116721 116722 711512016 nin02 NINYO & MOORE CORPORATI199606 612412016 CHABATEMENT MAY 1,612.00 1,612.00 Voucher: 116722 116723 711512016 nob02 NOBELSYSTEMS 13839 4129t2016 WEB GIS HOSTING JUL/DEC 5,000.00 5,000.00 Voucher: 116723 116724 711512016 off03 oFFrcE DEPOT 847104920001 6t23t2016 OFFICE SUPPLIES CS 105.39 Voucher: 116724 848164850001 612912016 OFFICE SUPPLIES CH 60.42 848164454001 612912016 KITCHEN SUPPLIES CH 50.89 8471 05068001 612312016 OFFICE SUPPLIES CS 43.38 847105067001 612312016 OFFICE SUPPLIES CS 32.45 847105066001 6t23t2016 OFFICE SUPPLIES CS 17.05 309.58 116725 7t15t2016 offO5 oFFtcEïEAM 46155234 7t6t2016 TEMP SRVCS WK711116 955.60 Voucher: 116725 46108149 612912016 TEMP SRVCS WK6124116 955.60 1,911.20 116726 711512016 pal14 PALOMAR MOUNTAIN PREMIT3894O1 4 613012016 WATER CS 331.00 331.00 Voucher: 116726 116727 7115t2016 petO1 PETTY CASH PETTY CASH F'711312016 OPERATING SUPPLIES JUN 267.97 Voucher: 116727 PETTY CASH F'711112016 OPERATING SUPPLIES FY1 7 88.25 356.22 116728 7t15t2016 por05 PORTILLO CONCRETE INC 1606-2227 61612016 ANNUAL ST RESURFACING 29,809.10 29,809.10 Voucher: 116728 116729 7t15t2016 pos02 POST HASTE DIRECT 75690 612712016 SALES TAX SURVEY JUN 693.16 693.1 6 Voucher: 116729
Page:3
6 August 1, 2016 Item 02 apGhklst FinalGheck List Page: 4 0711412016 1:08:3lPM City of Del Mar
Bank: sunion GENERALACCOUNT UNION B¡ (Continued)
Gheck # Date Vendor lnvoice lnv Date Description Amount Paid Check Total
116730 7t15t2016 actO3 PRO P H ET EQU Iry I I-B/ACTOI\ PRI1 27 BO92 71512016 MOBILE OFFICE PW JUL 151.80 151.80 Voucher: 116730 116731 7t15t2016 ral02 RALPH ANDERSEN & ASSOC 21097 6127t2016 PRK RGNR PROG STUDY 3,179.69 3,179.69 Voucher: 116731 116732 7115t2016 red04 REDFLEX TRAFFIC SYSTEMS RTSOOI 1 026 613012016 REDLIGHT CAMERAJUN 4,732.53 4,732.53 Voucher: 116732 116733 7t15t2016 sai0l SAINT PETER'S EPISCOPAL CO63O2O16 613012016 PRKG METER REV JUN 485.72 Voucher: 116733 05312016 513112016 PRKG METER REV MAY 344.30 830.02 116734 7t15t2016 uni03 SAN DIEGO - UNION TRIBUNE43'12258 7t8t2016 DRBAGENDA 201.00 201.00 Voucher: 116734 116735 7t15t2016 sds0z SAN DIEGO GAS & ELECTRIC 8173772988 5 7t5t2016 UTILITIES JUN 6,946.74 Voucher: 116735 66539227667 715t2016 UTILITIES JUN 448.76 6909 081 676 1 71512016 UTILITIES JUN 258.73 9952226 8620 71512016 UTILITIES JUN 15.66 9633 817 034 7 715120't6 UTILITIES JUN 7.00 7,676.89 r16736 7t15t2016 dar02 SANDRAS RAMEY 06166051 71512016 DEAD ANIMAL REMOVAL JUN 55.00 55.00 Voucher: 116736 116737 7t15t2016 she01 SHELL FLEET PLUS 065 379 786 6119t2016 GAS & OIL CS MAY/JUN 1,663.88 1,663.88 Voucher: 116737 116738 7115t2016 shr01 SHRED-IT US JV LLC 9411380557 71512016 ON-SIÏE SHREDDING JUL 65.85 65.85 Voucher: 116738 116739 7t15t2016 sig12 SIGNA DIGITAL SOLUTIONS II\4R.1 57399 612712016 CANON BASE RATE JUL 182.83 182.83 Voucher: 116739 116740 7t15t2016 sim07 SIMPLEXGRINNELL 82663448 6t28t2016 PHHC FIREALARM RPR 2,433.30 2,433.30 Voucher: 116740 116741 7t15t2016 sitO1 SITEONE LNDSCP SUPPLY H(76589457 71512016 IRRIGATION TAPE PW 23.01 23.01 Voucher: 116741 116742 7t15t2016 son02 SONSRAY MACHINERY LLC WO2O79-01 612412016 BACKHOE MAINT PW 758.91 758.91 Voucher: 116742 116743 7t15t2016 sou14 SOUTHERN CALIFORNIA SOI1374739 513112016 SIDEWALK ST DRAINAGE PR 3,815.50 3,815.50 Voucher: 116743 116744 7115t2016 sou17 SOUTHLAND PAVING INC 6231P-5 6t30t2016 ANDERSON CANYON MAY 44,788.59 44,788.59 Voucher: 116744 116745 7t15t2016 sou08 SOUTHWEST SIGNAL SERVIC52264 613012016 TRAFFIC SIGNAL MAINT JUN 518.84 s18.84 Voucher: 116745
Page:4
7 August 1, 2016 Item 02 apChkLst FinalCheck List Page: 5 0711412016 l:08:31PM Gity of Del Mar
Bank sunion GENERALACCOUNT UNION B¡ (Continued)
Check # Date Vendor lnvoice lnv Date Descriotion Amount Paid Check Total 116746 7t15t2016 spa01 SPARKLETTS 24537454255121 6126t2016 WATERANNEX 6.00 6.00 Voucher: 116746 116747 7115t2016 sta3l STATE WATER RESOURCES 09858-16-4 6t28t2016 21ST ST PUMP LOAN PYMT # 344,017.O1 344,017.01 Voucher: 116747 116748 7t15t2016 ste08 STEPHEN DALTON ARCH ITEC3786 71112016 PHCC RESTROOM PROJ 585.00 Voucher: 116748 3774 71112016 LIBRARYAC PROJ 270.00 855.00 116749 7t15t2016 t&101 T&T CONSULTING INC 2016-5461 7n12016 HAZMAT INSPECTION FIRE 420.00 420.00 Voucher: 116749 1'16750 7t15t2016 towO4 TOWTLL tNC 06-125 613012016 JD BLVD TRAFFIC JUN 2,665.00 Voucher: 116750 06-126 6t30t2016 RIVERPATH PROJ JUN 2,383.00 5,048.00 116751 7t15t2016 uncO1 1 UNCOMMON USA INC 0909216.IN 613012016 FLAG POLE PW 2,278.50 2,278.50 Voucher: 116751 116752 7t15t2016 und01 UNDERGROUND SERVICE ALI62O1 6021 4 71112016 CONT SRVCS JUN 43.50 43.50 Voucher: 116752 1'16753 7t15t2016 wes29 WEST COAST ARBORISTS, IN I 1 6779 611512016 TREE MAINT SRVCS 611-6115 2,070.30 2,070.30 Voucher: 116753 116754 7t15t2016 xerOl XEROX CORPORATION 085249679 71112016 XEROX LEASE CS JUN 146.30 146.30 Voucher: 116754 '116755 7115t2016 xocO1 xo coMMUNtcATtoNS 0010000000996' 612112016 TELEPHONE JUNE 57.11 57.11 Voucher: 116755
Sub total for GENERALACCOUNT UNION BANK: 532,681.08
Page: 5
8 August 1, 2016 Item 02 apChklst FinalGheck List Page: 6 07l'1412016 1:08:31PM Gity of Del Mar
: 73 checks in this report. Grand Total All Checks: 532,681.08 vL't Iult
Page:6
9 August 1, 2016 Item 02 apGhkLst FinalCheck List Page: I 0712212016 2:45:49PM City of Del Mar
Bank: qunion GENERALACCOUNT UNION B¡ Check # Date Vendor lnvoice lnv Date Descriotion Amount Paid Check Total 5215 711812016 san03 SAN DIEGO COUNTYWATER,0516-2 6NI2O16 RAW WATER MAY 101,196.51 101,196.51 Voucher: 5215 Sub total for GENERALACCOUNT UNION BANK: 101,196.51
Page:1
10 August 1, 2016 Item 02 apGhklst FinalCheck List Page:2 0712212016 2:45:49PM Gity of Del Mar
I checks in this report. Grand Total All Checks: 101,196.51
1.tg"l'otv
Page:2
11 August 1, 2016 Item 02 apChklst FinalGheck List Page:1 0712112016 12:54:24PM Gity of Del Mar
Bank qunion GENERALACCOUNT UNION B¡
Check # Date Vendor lnvoice lnv Date Descriotion Amount Paid Check Total 116756 7t22t2016 att02 AT&T 051 890 4571 00 6t30t2016 TELEPHONE JUN 32.06 32.06 Voucher: 116756 116757 7122t2016 sbcO1 AT&T 338 841-0441 7t7t2016 TELEPHONE JUL 33.29 33.29 Voucher: 116757 1 1 6758 712212016 ban06 BANNERBANK #7 6116t2016 SWAP PROJ #7 45,711.O0 Voucher: 116758 #8 7t14t2016 SWAP PROJ #8 5,514.00 51,225.00 I 1 6759 7122t2016 nor19 BRUCE C PURDIE 099552 612712016 TREE REMOVAL PHCC 3,008.00 3,008.00 Voucher: 116759 1 1 6760 712212016 cal67 CALIFORNIA BUILDING STANTAPR-JUN 201 6 7t14t2016 BLDG STANDARDS FEE 4Q 89.00 89.00 Voucher: 116760 116761 7122t2016 catO8 CATERPILLAR FINANCIAL SR\ 1 721 6862 612912016 LOADER LEASE JUL 2,623.93 2,623.83 Voucher: 116761 116762 712212016 chi03 CHICAGO TITLE COMPANY 12206060 7120120't6 CH PROJ PHCC INS 11,474.00 11,474.00 Voucher: 116762 1 I 6763 7t22t2016 cit1l CITY OF ENCINITAS 849 611612016 CSA 17 TECH SUPPORT 13.51 13.51 Voucher: 116763 116764 712212016 cit07 crTY oF sAN DTEGO 1000171067 7t1t2016 WATERTREATMENT MAY 20,927.60 20,927.60 Voucher: 116764 1 I 6765 7122t2016 hofO5 CMS/HOFFMANiG&K SRVCS 12726 71812016 CHANGE MACHINES SRVC C 135.00 135.00 Voucher: 116765 116766 7t22t2016 coaO1 COAST WASTE MANAGEMEN'251 -50579 613012016 TRASH/RECYCLE JUN 35,685.73 35,685.73 Voucher: 116766 116767 7t22t2016 cofO1 COFFEE AMBASSADOR, INC. 695623 711112016 COFFEE CS 565.05 Voucher: 116767 695580 7t11t2016 COFFEE PW 201.22 695591 7111t2016 COFFEE CH 182.25 948.52 116768 7t22t2016 cos04 co's TRAFFTC CONTROL, tN(00064885 71812016 JUL4TH TRAFFIC CONTROL 4,940.00 Voucher: 116768 00064879 71812016 JR LIFEGRD TRAFFIC SIGNS 226.80 5,166.80 116769 7t22t2016 cou01 COUNTY OF SAN DIEGO 07192016 711912016 PARKING BAIL JUN 12,780.20 12,780.20 Voucher: 116769 116770 7t22t2016 coul 6 COUNTY OF SAN DIEGO - RE(16CTOFDMC12 71112016 RCS PAGING SRVCS JUN 67.50 67.50 Voucher: 116770 116771 7t22t2016 csa01 CSAC EXCESS INSURANCEA17400866 711112016 CYBER LIAB EXCESS FY17 349.00 349.00 Voucher: 116771
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12 August 1, 2016 Item 02 apChklst FinalGheck List Page: 2 07 12'112016 12:54:24PM Gity of Del Mar
Bank qunion GENERALACCOUNT UNION B¡ (Continued) Check # Date Vendor lnvoice lnv Date Descrintion Amount Paid Gheck Total 116772 7t22t2016 lee01 DCL ENTERPRISES INC DBA CTOOO87O12 711412016 FILING CABINET KEYS 13.55 13.55 Voucher: 116772 116773 7t22t2016 del76 DE LAGE LANDEN FINANCIAL50818155 71912016 CANON COPIER CH JUL 724.12 724.12 Voucher: 116773 116774 712212016 del06 DEL MAR AUTOMOTIVE SERV28365 71612016 VEH MAINT BRAKES PW 1,524.59 Voucher: 116774 28352 71112016 PRKNG VEH MAINT CS 203.42 1,728.01 116775 7t22t2016 del02 DEL MAR BLUE PRINT CO, IN(388287 6t1312016 SHORT TERM RNTLS COPIES 352.35 Voucher: 116775 390381 71812016 ANNUAL ST RESURFACING 227.34 579.69 116776 712212016 dep07 DEPT OF CONSERVATION APR-JUN 2016 711412016 SMIP FEES 4Q 364.44 364.44 Voucher: 116776 116777 7t22t2016 dev02 DEVANEY PATE MORRIS & CA25O 711412016 CIryATTORNEY JUN 30,060.11 Voucher: 116777 239 7t14t2016 CITYATTORNEY JUN 19,192.27 231 711312016 CITYATTORNEY JUN 18,000.00 237 711412016 CITYATTORNEY JUN 431.50 67,683.88 116778 712212016 dix01 DIXIELINE LUMBER CO. 06-0126123 71612016 TARP SUPPLIES CS 134.99 Voucher: 116778 06-0125844 71512016 CABLEÆIES PW 36.89 06-0125997 71512016 TIEDOWN SUPPLIES CS 27.19 06-0110320 313112016 COAST BLVD CURBS PW 25.90 224.97 116779 7t22t2016 mos06 DON MOSIER 071516FY17 7t1512016 REIMB MEETING EXP 225.77 Voucher: 116779 071516FY16 711512016 REIMB MEETING EXP 482.92 708.69 116780 712212016 duk01 DUDEK & ASSOCIATES 20'163481 71812016 ENGINEERING PROJS JUN 37,322.80 Voucher: 116780 20163482 71812016 ANDERSON CANYON JUN 937.50 38,260.30 116781 712212016 esg02 ESGIL CORPORATTON 714-718116 7t11t2016 BLDG INSP 7/4-7lB/I6 2,598.55 2,598.55 Voucher: '116781 116782 7t22t2016 gol04 GOLDEN NEEDLE TAILOR 57002 711112016 PATCHES CS 19.00 Voucher: 116782 54961 711412016 PATCHES CS 8.00 27.00 116783 7t2212016 hds01 HD SUPPLY WATERWORKS, LF61 0554 711t2016 RECLAIMED WATER SUPPLIE 162.01 162.O1 Voucher: 116783 116784 712212016 ips02 IPS GROUP INC 18909 613012016 PRKG MTRTRANS FEE JUN 1,503.88 1,503.88 Voucher: 'l'16794 116785 712212016 itr01 |TRON, INC. 415838 611112016 MVRS SFTWR JUL/SEP 683.34 683.34 Voucher: 116785 116786 712212016 lou0l LOUKELTON DISÏRIBUTING I168714 71512016 RESTROOM SUPPLIES PW 442.31 Voucher: 116786 68716 7t512016 RESTROOM SUPPLIES PW 84.89 527.20
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13 August 1, 2016 Item 02 apChkLst FinalGheck List Page: 3 07 12112016 12:54:24Pttt Gity of Del Mar
Bank sunion GENERALACGOUNT UNION B¡ (Continued) Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 116787 7t22t2016 mae03 MA ENGINEERS INC 8264 613012016 CH PROJ ENG JUN 1,750.00 1,750.00 Voucher: 116787 116788 7t22t2016 mxl01 MCAFEE INC 950607423 71312016 SPAM FILTER JUL 138.45 138.45 Voucher: 1 1 6788 116789 7t22t2016 mcc08 MCCALL'S METER SALES & SI28316 612912016 WATER MTR REPLACEMENT 486.71 486.71 Voucher: 116789 116790 7t22t2016 uni14 MUFG UNION BANK NA 988675 71512016 BOND SRVC SEAWALL 635.00 635.00 Voucher: 116790 116791 7t22t2016 nor13 NORTH COUNTY DISPATCH JI2OI 61 7-006 71112016 ÐISPATCH FIRE Q1 16,290.05 Voucher: 116791 201 61 7-008 71112016 MDCANNUAL PROG FIRE 4,483.80 201617-007 7t1t2016 MDC IT MAINT FIRE 1,431.69 201 61 7-009 71112016 DISPATCH PW Q1 725.90 22,931.44 116792 7t22t2016 off03 oFFtcE DEPOT 849728213001 71812016 OFFICE SUPPLIES CS 509.72 Voucher: 116792 84843581 3001 6t30t2016 OFFICE SUPPLIES PW 130.70 640.42 116793 7t22t2016 ostO5 osTARt tNc 170728 716t2016 NETWRK MONITORIN G 7 I 1-91 441.00 441.00 Voucher: 1 1 6793 116794 7t22t2016 p7m01 P7 MANAGEMENT CONSULTI]OTOB2OI6 7IB12016 REF DAMAGE DEP 715116 800.00 800.00 Voucher: 116794 116795 7t22t2016 pac17 PACIFIC PARKING SYSTEMS, 13309 511112016 MAINT PRK MTRS FY17 5,700.00 5,700.00 Voucher: 116795 116796 7t22t2016 par22 PARS 34830 7t11t2016 PARS TRUSTADMIN MAY 400.00 400.00 Voucher: 116796 116797 7t22t2016 pho01 PHOENTX GROUP |NFO SySTt062016036 7t12t2016 CITE SRVCS JUN 3,696.70 3,696.70 Voucher: 116797 116798 7t22t2016 pur04 PITNEY BOWES PURCHASE F8000 9000 1054 7t12t2016 POSTAGE JUL 2,114.84 2,114.84 Voucher: 1 1 6798 1r6799 7t22t2016 pruO1 PRUDENTIAL OVERALL SUPP 130676116 711512016 UNIFORMS PW 51.54 Voucher: 116799 130674466 71812016 UNIFORMS PW 50.80 130674464 718t2016 MATS PW 13.40 130674465 71812016 SHOP TOWELS PW 3.72 119.46 116800 712212O16 red04 REDFLEX TRAFFIC SYSTEMS RTSOOI 0874 513112016 REDLIGHT CAMERAMAY 4,732.53 4,732.53 Voucher: 116800 116801 712212016 res01 RESCUE SOURCE, THE 13290 71712016 CLIFF RESCUE SUPPLIES CS 362.81 362.81 Voucher: 116801
Page: 3
14 August 1, 2016 Item 02 apGhklst FinalCheck List Page: 4 0712112016 12:54:24PM Gity of Del Mar
Bank: sunion GENERALACCOUNT UNION B¡ (Continued) Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 116802 712212016 ric26 RICHARD GALLYN D-7116-1 71212016 FOOD SRVC PLANS JUL 2,000.00 2,000.00 Voucher: 116802 116803 712212016 rus01 RUSTY DEL MAR 07 1 6 7t1612016 LFGRD RASHGUARDS 1,080.00 Voucher: 116803 482 711712016 LFGRD WET SUIT TOP 151.20 477 611112016 RESCUE BOARD STRAPS CS 112.32 479 7t4t2016 LFGRD HATS 51.82 465 112912016 LFGRD CAP 30.23 1,425.57 116804 7t22t2016 san12 SAN DIEGO COUNTY SHERIFIO7122016 7112t2016 LAW ENF JUN 167,135.98 167,135.98 Voucher: 116804 116805 7122t2016 sds02 SAN DIEGO GAS & ELECTRIC9245 765 583 8 711212016 UTILITIES JUN 99.95 99.95 Voucher: 1 1 6805 116806 7t22t2016 san20 SAN DIEGUITO RIVER VALLE\07182016 711812016 OFF TRACK JUN 2,843.45 2,843.45 Voucher: r16806 116807 7t22t2016 sheO1 SHELL FLEET PLUS 80 OO2 3450 3 71612016 GAS & OIL FIRE JUN/JUL 600.41 600.41 Voucher: 116807 116808 7t22t2016 siq12 SIGNADIGITALSOLUTIONS INAR-S158543 711412016 STAPLESCANON CH 133.70 133.70 Voucher: 116808 116809 7t22t2016 sem01 SMITH ENVIRONMENTAL MAN63OI 613012016 PEST CONTROL JUN 135.00 135.00 Voucher: 116809 116810 7t22t2016 sol01 SOLANA BEACH, CITY OF 07182016 711812016 OFF TRACK JUN 5,686.90 5,686.90 Voucher: 116810 116811 7t22t2016 sou08 SOUTHWEST SIGNAL SERVIC52273 613012016 TRAFFIC SIGNAL MAINT JUN 10,875.00 Voucher: 116811 52274 6/30/2016 TRAFFIC SIGNAL MAINT JUN 841.51 11,716.51 116812 712212016 sla24 STATEWIDE TRAFFIC SFTY & 01 OO1 814 71812016 CUSTOM SIGNS PW 717.12 Voucher: 116812 01 001 830 711412016 DRAUGHT/SHOWER SIGNS 24.85 741.97 116813 712212016 sun07 SUNGARD PUBLIC SECTOR I¡121936 612712016 CRM HOSTING JUL.SEP 6,375.00 6,375.00 Voucher: 116813 116814 7t22t2016 tur0l TURNER & ASSOC NORTH GF07182016 711812016 LEASE PYMTAUG 21,531.25 21,531.25 Voucher: 116814 116815 7t22t2016 adtO1 TYCO INTEGRATED SEC LLC 26859613 71912016 ALARM LIBRARYAUG/OCT 330.00 330.00 Voucher: 116815 116816 7t22t2016 ver03 vERtzoN W|RELESS 972337150-OO0C 7t9t2016 TELEPHONE JUN 60.03 60.03 Voucher: 116816 116817 7t22t2016 wes55 WESTERNA/ 10746 7t1t2016 AV DESIGN CH JUL 2,875.O0 2,875.00 Voucher: 116817
Page:4
15 August 1, 2016 Item 02 apChkLst FinalCheck List Page: 5 0712112016 12:54:24PM City of Del Mar
Bank qunion GENERALACCOUNT UNION B¡ (Continued)
Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 116818 712212016 die01 WHITE NELSON DIEHL EVANS163118 6130t2016 AUDIT FY 16 #1 4,500.00 4,500.00 Voucher: 116818 116819 712212016 xer01 XEROX CORPORATION 085249678 71112016 XEROX LEASE PW JUL 234.54 234.54 Voucher: 116819
Sub totalfor GENERALACCOUNT UNION BANK: 533,723.29
Page: 5
16 August 1, 2016 Item 02 apChkLst FinalCheck List Page: 6 0712'112016 12:54:24PM Gity of Del Mar
64 checks in this report. Grand TotalAll Checks: 533,723.29
7
Page:6
17 August 1, 2016 Item 02 apChklst FinalCheck List Page: 1 0712112016 4:49:08PM City of Del Mar
Bank sunion GENERALACCOUNT UNION B¡
Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 2322 7t22t2016 irsO1 IRS 8en134825 712212016 FEDERALTAX: PAYMENT 35,485.54 35,485.54 Voucher: 2324 7t22t2016 edd01 EMPLOYMENT DEVELOPMEN Benl 34829 712212016 STATE TAX: PAYMENT 8,539.54 8,539.54 Voucher: 2325 7t22t2016 par21 U.S. BANK PARS-#67460224008en1 34831 712212016 PUBLIC AGENCY RETIREMEN 4,420.04 4,420.O4 Voucher: 2326 7t22t2016 van03 VANTAGEPOI NT TRANSFER ABenl 34833 712212016 ICMA DEFERRED COMP 4578 8,706.73 8,706.73 Voucher: 2327 7t22t2016 van02 VANTAGEPOINT TRANSFER ABenl 34835 712212016 4OIAPLAN: PAYMENT 765.25 765.25 Voucher: 2328 7122t2016 nat15 NATIONAL BENEFIT SERVICEIBen 1 34837 7122t2016 SEC. 125 FLEXIBLE SAVINGS 640.42 640.42 Voucher: 2329 7t22t2016 van07 VANTAGEPOINT TRANSFER - 8en134839 712212016 rcMA 4s7(B) LOAN PAYMENT: 1,259.05 1,259.05 Voucher: 116820 7t22t2016 uni21 MUFG UNION BANK NA Ben134823 712212016 DMCEA DUES: PAYMENT 220.50 220.50 Voucher:
Sub totalfor GENERALACCOUNT UNION BANK: 60,037.07
Page:1
18 August 1, 2016 Item 02 apchklst FinalCheck List Page:2 0712112016 4:49:08PM City of Del Mar
I checks in this report. Grand TotalAll Checks: 60,037.07 F lÁ-t/tl-
Page:2
19 August 1, 2016 Item 02 apChkLst FinalCheck List Page:1 0712212016 3:14:08PM City of Del Mar
Bank: qunion GENERALACCOUNT UNION B¡
Check # Date Vendor lnvoice lnv Date Description Amount Paid Check Total 5217 712212016 pall0 PAL GENERAL ENGINEERING #B 711412016 SWAP PROJ #8 104,772.00 104,772.00 Voucher: 5217
Sub totaf for GENERALACCOUNT UNION BANK: 104,772.00
Page:1
20 August 1, 2016 Item 02 apGhkLst FinalGheck List Page= 2 0712212016 3:14:08PM Gity of Del Mar
1 checks in this report. Grand TotalAll Ghecks: 104,772.00
1+TxÃlv
Page:2
21 August 1, 2016 Item 02 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Council Members Don Mosier and Dwight Worden Liaisons to the San Dieguito Lagoon Committee Prepared by Ashley Jones, Administrative Services Director
DATE: August 1, 2016
SUBJECT: Appointment to the San Dieguito Lagoon Committee
RECOMMENDATION:
Council Liaisons to the San Dieguito Lagoon Committee (SDLC) recommend the reappointment of Jeffrey Barnouw to a four-year term on the San Dieguito Lagoon Committee expiring August 1, 2020.
BACKGROUND:
The San Dieguito Lagoon Committee is composed of nine members who serve four- year staggered terms, with up to two At-Large non-voting members. The Lagoon Committee is charged with overseeing the preservation and enhancement of the San Dieguito Lagoon. The committee participates on both local and regional levels. Locally, the committee is provided with monthly sampling reports to monitor the health of the Lagoon, investigates additional public access opportunities, and develops an educational program to uncover a few of the Lagoon's little-known points of interest.
Regionally, the committee participates in the on-going programs of the San Dieguito River Valley JPA, including the lagoon restoration plan, and monitors development that may have an adverse effect on the Lagoon.
There is currently one vacancy on the Lagoon Committee due to the term expiration of committee member Jeffrey Barnouw. City staff advertised this opening and Citizen Interest Forms were received from Jeffery Barnouw and Reid Westburg (Attachment A).
As liaisons to the Lagoon Committee, we recommend that the City Council re-appoint Jeffrey Barnouw to serve a four-year term expiring August 1, 2020.
______City Council Action:
1 August 1, 2016 Item 04 City Council Staff Report Appointment to the San Dieguito Lagoon Committee August 1, 2016 Page 2 of 2
With this appointment, the terms of Lagoon Committee will be as follows:
Name Term Appointed Term End Position Jeffrey Barnouw 2 8/1/2016 8/1/2020 Jim Tucker 1 6/3/2013 6/1/2017 Jim Jelley 2 6/3/2013 6/1/2017 Terry Kopanski 1 6/2/2014 6/1/2018 Chair Ellen Breen 1 6/16/2014 6/1/2018 Alice Brown 2 9/15/2014 6/30/2018 Vice Chair Lucy Zizka 2 2/2/2015 1/31/2019 Lee Haydu 1 4/20/2015 4/1/2019 At-Large Member (Non-Voting) Justin Kulongoski 1 7/6/2015 7/1/2019 At-Large Member (Non-Voting) Dawn Rawls 1 10/19/2015 9/30/2019 Randee Warren 1 10/19/2015 9/30/2019
FISCAL IMPACT:
There is no fiscal impact associated with this action.
ENVIRONMENTAL IMPACT:
There is no environmental impact associated with this action.
Attachments:
Attachment A - Citizen Interest Forms
2 August 1, 2016 Item 04 City of Del Mar Submit Date: Jul 08, 2016 Status: on agenda Profile
Jeffrey Barnouw First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
retired Employer Job Title
Which Boards would you like to apply for?
San Dieguito Lagoon Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
I have already served one term on the Lagoon Committee and would like to continue. I have more experience 'on the job' since my original application, which I am sure you still have on file.
Tell us about your educational background.
Same as before
Jeffrey Barnouw Page 1 of 4 3 August 1, 2016 Item 04 Tell us about your job experience.
I taught literature and philosophy at the college and graduate school level from 1969 to 2011. Before that I was the Dean in Calhoun College at Yale, 1966-69. I have taught numerous times abroad in France and Germany.
VitaUT2.doc Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Lagoon Committee
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
Planning Commission 2012? If yes, what board or committee, and when?
Larry Brooks Reference #1: Name
9th Street Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
James (Bud) Emerson Reference #2: Name
Klish Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
Tom McGreal Reference #3: Name
Jeffrey Barnouw Page 2 of 4 4 August 1, 2016 Item 04 Stratford Court Reference #3: Street Name Only (NO house number)
Reference #3: Phone Number
Demographics
1969 I have been a resident of California since:
1969 I have been a resident of San Diego County since:
1970 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Jeffrey Barnouw Page 3 of 4 5 August 1, 2016 Item 04 1
Jeffrey Barnouw Curriculum Vitae PERSONAL Born November 1, 1940 in New York City, New York Married March 18, 1964 to Dagmar Heyse Son, Benjamin, born July 7, 1967
EDUCATION Yale University 1965-69; Ph.D., 1969, Comparative Literature Dissertation: “‘Action’ for Johnson, Burke and Schiller” Freie Universität, West Berlin 1965 Universität Tübingen 1963-65 Yale University 1958-1961, 1963; B.A., 1963, English, with honors, magna cum laude, Phi Beta Kappa University of Paris (Sorbonne) 1960-61 Junior Year Abroad
UNIVERSITY OF TEXAS APPOINTMENTS Professor, English and Comparative Literature, 1995- Associate Professor, English and Comparative Literature 1985-95
OTHER WORK EXPERIENCE Visiting Professor, Ecole Normale Superieure, Lyon, 2010 Visiting Professor, Ludwig-Maximilians Universität, Munich, 2008 Visiting Professor, Université de Toulouse II-Le Mirail, 2006 Visiting Professor, Université de Paris III, Sorbonne nouvelle, 2005 Visiting Professor, Ludwig-Maximilians Universität, Munich, 2004 Visiting Professor, Université de Toulouse II, le Mirail, 2002 Visiting Professor, Université de Paris III, Sorbonne nouvelle, 2001 Visiting Professor, Université de Paris X, Nanterre, 1987-88 Visiting Associate Professor, English and Comparative Literature, University of Michigan, Ann Arbor, 1984-85 Assistant Professor, Modern Foreign Languages (German, French) Boston University, 1980-83 Assistant Professor, English and Comparative Literature University of California, San Diego, 1969-78 Dean, Calhoun College, 1966-69, Yale University
HONORS/GRANTS Senior Research Fellowship, The Getty Grant Program, 1996-97 National Endowment for the Humanities Fellowship, at the UCLA Center for 17th- and 18th-Century Studies, 1989-90 Humanities Support Fund Grant, lectures in Europe for the quadricentenary of the birth of Thomas Hobbes, 1988 Senior Research Fellowship, John Dewey Foundation, 1983-84 American Council of Learned Societies Fellowship 1979-80 Alexander von Humboldt Foundation Fellowship, 1972-74, Tübingen German Academic Exchange Service Scholarship, 1963-65, Tübingen
6 August 1, 2016 Item 04 2
PUBLICATIONS
Books Odysseus, Hero of Practical Intelligence. Deliberation and Signs in Homer’s Odyssey (Lanham: Maryland: University Press of America, 2004), ix + 377 pp.
Propositional Perception. Phantasia, Predication and Sign in Plato, Aristotle and the Stoics (Lanham, Maryland: University Press of America, 2002), v + 383 pp.
Translation Wilhelm Dilthey, Introduction to the Human Sciences, Book IV: Foundations of Knowledge, “The Facts of Consciousness,” (“The Breslau Manuscript”) in Dilthey, Selected Works, vol. 1, (Princeton: Princeton University Press, 1989), 243-353.
Articles (all journal articles in refereed journals) “Reason as Reckoning: Hobbes’s Natural Law as Right Reason,” Hobbes Studies, 21 (2008), 38-62.
“The Two Motives Behind Berkeley’s Expressly Unmotivated Signs: Sure Perception and Personal Providence,” in New Interpretations of Berkeley’s Thought, ed. Stephen H. Daniel, (Amherst, NY: Humanity Books, 2008) (published in cooperation with the Journal of the History of Philosophy), 145-177.
“Britain and European Literature and Thought,” in The Cambridge History of English Literature, 1660-1780 (Cambridge: Cambridge University Press, 2005), 423-444.
“Learning from Experience, or Not: From Chrysippus to Rasselas,” Studies in Eighteenth- Century Culture, vol. 33, (Baltimore: Johns Hopkins University Press, 2004), 313-336.
“Bible, science et souveraineté chez Bacon et Hobbes,” Revue de Théologie et de Philosophie, 133 (2001), 247-265.
“The Contribution of English Language and Culture to Voltaire’s Enlightenment,” Voltaire et ses combats, 2 vols., (Oxford: Voltaire Foundation, 1997), I, 77-88.
“The Cognitive Value of Confusion and Obscurity in the German Enlightenment: Leibniz, Baumgarten and Herder.” in Studies in Eighteenth-Century Culture, vol. 24, (Baltimore: The Johns Hopkins University Press, 1995), 29-50.
“The Place of Peirce’s ‘Esthetics’ in his Thought and in the Tradition of Aesthetics.” in Herman Parret (ed.) Peirce and Value Theory. On Peircian Ethics and Aesthetics. (Semiotic Crossroads, 6.) (Amsterdam/Philadelphia: John Benjamins, 1994), 155-178.
“Faust and The Ethos of Technology.” in Jane K. Brown, Meredith Lee and Thomas P. Saine in collaboration with Paul Hernadi and Cyrus Hamlin (eds.) Interpreting Goethe’s Faust
7 August 1, 2016 Item 04 3
Today (Columbia, South Carolina: Camden House, 1994), 29-42.
“The Beginnings of ‘Aesthetics’ and the Leibnizian Conception of Sensation.” in Paul Mattick, Jr. (ed.) Eighteenth-Century Aesthetics and the Reconstruction of Art (Cambridge: Cambridge University Press, 1993), 52-95.
“Passion as ‘Confused’ Perception or Thought in Descartes, Malebranche and Hutcheson.” Journal of the History of Ideas, 53 (1992), 397-424.
“Le Vocabulaire du conatus.” in Yves Charles Zarka (ed.) Hobbes et son Vocabulaire. (Paris: Vrin, 1992), 103-124.
“The Psychological Sense and Moral and Political Significance of ‘Endeavor’ in Hobbes.” in Emilia Giancotti (ed.) Hobbes e Spinoza. Atti del Convegno di Urbino (Naples: Bibliopolis, 1992), 399-416.
“Hobbes’s Psychology of Thought: Endeavors, Purpose and Curiosity.” History of European Ideas, vol. 10, no. 5, (1989), 519-545.
“Prudence et Science chez Hobbes.” in J. Bernhardt and Y-Ch. Zarka (eds.) Thomas Hobbes: Philosophie premiere, Théorie de la Science et Politique. (Paris: Presses Universitaires de France, 1989), 107-117.
“Respice Finem! The Importance of Purpose in Hobbes’s Psychology.” in M. Bertman and M. Malherbe (eds.) Thomas Hobbes. De la Métaphysique à la Politique. (Colloque franco -américain de Nantes.) (Paris: Vrin, 1989), 47-61.
“‘Aesthetic’ for Schiller and Peirce: A Neglected Origin of Pragmatism.” Journal of the History of Ideas, vol. 49, no. 4, (October 1988), 607-632. Reprinted in Peter Kivy (ed.) Essays on the History of Aesthetics (Library of the History of Ideas, 5.) Rochester: University of Rochester Press, 1992), 377-402.
“Persuasion in Hobbes’s Leviathan.” Hobbes Studies, l (l988), 3-25.
“Feeling in Enlightenment Aesthetics.” in Studies in Eighteenth- Century Culture, vol. 18, (East Lansing, Mich.: Colleagues Press, 1988), 323-342.
“La Curiosité chez Hobbes.” Bulletin de la Société Française de Philosophie, vol. 82, no. 2 (April-June 1988). This issue consists of my address to the meeting of January 23, 1988, opening “the Hobbes year,” along with discussion following.
“Goethe and Helmholtz: Science and Sensation.” in F. Amrine, F. J. Zucker, and H. Wheeler (eds.) Goethe and the Sciences: A Re-Appraisal (Boston Studies in the Philosophy of Science, 97.) (Dordrecht: D. Reidel, 1987), 45-82.
“Peirce and Derrida: ‘Natural Signs’ Empiricism vs. ‘Originary Trace’ Deconstruction.”
8 August 1, 2016 Item 04 4
Poetics Today, 7 (1986), 73-94.
“American Independence: Revolution of the Republican Ideal. A Response to Pocock’s Construction of ‘The Atlantic Republican Tradition.’“ in Paul Korshin (ed.) The American Revolution and Eighteenth-Century Culture. (New York: AMS Press, 1986), 31-73.
“Erziehung des Menschengeschlechts: Die Formierung bürgerlichen Bewusstseins (Voltaire, Johnson, Lessing).” [introductory essay] in Propyläen Geschichte der Literatur, vol. IV: Aufklärung und Romantik (1700-1830), (Berlin: Propyläen, 1983), 11-39.
“The ‘Pursuit of Happiness’ in Jefferson, and its Background in Bacon and Hobbes.” Interpretation. A Journal of Political Philosophy, 11 (1983), 225-248.
“Psychologie empirique et épistémologie dans les Philosophische Versuche de Tetens.” Archives de Philosophie, 46 (1983), 271-289.
“Man Making History: The Role of the Plebians in Vico, the Proletariat in Marx.” in Giorgio Tagliacozzo (ed.) Vico and Marx: Affinities and Contrasts. (Atlantic Highlands, N.J.: Humanities Press, 1983), 94-113.
“The Morality of the Sublime: To John Dennis.” Comparative Literature, 35 (1983), 21-42.
“‘Freiheit zu geben durch Freiheit.’ Aesthetischer Zustand--Aesthetischer Staat.” in Wittkowski (ed.) Friedrich Schiller: Kunst, Humanität und Politik in der späten Aufklärung. (Tübingen: Niemeyer, 1982), 138-161.
“The Separation of Reason and Faith in Bacon and Hobbes, and the Theodicy of Leibniz.” Journal of the History of Ideas, 42 (1981), 607-628. Reprinted in John W. Yolton (ed.) Philosophy, Religion and Science in the Seventeenth and Eighteenth Centuries (Library of the History of Ideas, 2.) (Rochester: University of Rochester Press, 1990), 206-227.
“Signification and Meaning. A Critique of the Saussurean Conception of the Sign.” Comparative Literature Studies, 18 (1981), 260-271.
“The Experience of Bacon’s Essays. Reading the Text vs. ‘Affective Stylistics’.” in Proceedings of the Ninth Congress of the International Comparative Literature Association vol. 2: Literary Communication and Reception. (Innsbruck, 1980), 351-357.
“The Morality of the Sublime: Kant and Schiller.” Studies in Romanticism, 19 (1980), 497-514.
“Johnson and Hume considered as the core of a new ‘period concept’ of the Enlightenment.” Transactions of the Fifth International Congress on the Enlightenment, I. (Studies in Voltaire and the Eighteenth Century, vol. 190.) (Oxford: Voltaire Foundation, 1980), 189-196.
“Vico and the Continuity of Science. The Relation of his Epistemology to Bacon and Hobbes.”
9 August 1, 2016 Item 04 5
Isis, 71 (1980), 609-620.
“The Critique of Classical Republicanism and the Understanding of Modern Forms of Polity in Vico’s New Science.” Clio, vol. 9, no. 3, (Spring 1980), 393-418.
“Hobbes’s Causal Account of Sensation.” Journal of the History of Philosophy, 18 (1980), 115-130.
“Bacon and Hobbes: The Conception of Experience in the Scientific Revolution.” Science/Technology and the Humanities, 2 (1979), 92-110. “The Philosophical Achievement and Historical Significance of Johan Nicolas Tetens.” Studies in Eighteenth-Century Culture, vol. 9, (Madison: University of Wisconsin Press, 1979), 301-335.
“The Cognitive Import of Period Concepts.” in Proceedings of the Seventh Congress of the International Comparative Literature Association. (Stuttgart: Erich Bieber, 1979), II, 21-32.
“The Relation between the Certain and the True in Vico’s Pragmatist Construction of Human History.” Comparative Literature Studies, 15 (1978), 242-264.
“Materialism and Freedom.” Studies in Eighteenth-Century Culture, vol 7, (Madison: University of Wisconsin Press, 1978), 193-212.
“Über den Realismus Wallensteins und Schillers. Mit einer Kritik der Hegelschen Deutung.” in Heuer and Keller (eds.) Wallenstein. Wege der Forschung. (Darmstadt: Wissenschaftliche Buchgesellschaft, 1977), 396-421.
“Active Experience vs. Wish-Fulfilment in Francis Bacon’s Moral Psychology of Science.” The Philosophical Forum, vol. 9, no. 1, (Fall 1977), 78-99.
“Readings of Rasselas. ‘Its Most Obvious Moral’ and the Moral Role of Literature.” Enlightenment Essays, 7 (1976), 17-39.
“Das ‘Problem der Aktion’ und Wallenstein.” Jahrbuch der deutschen Schillergesellschaft, 16 (1972), 330-408.
“‘Der Trieb, bestimmt zu werden.’ Hölderlin, Schiller und Schelling als Antwort auf Fichte.” Deutsche Vierteljahrsschrift für Literaturwissenschaft und Geistesgeschichte, 46 (1972), 248-293. Reprinted in part in Bolten (ed.) Schillers ‘Briefe über die ästhetische Erziehung. (Frankfurt: Suhrkamp, 1984), 261-275.
Encyclopedia Articles
“Aesthetics.” A Dictionary of Eighteenth-Century World History, ed. Jeremy Black & Roy Porter (Oxford: Basil Blackwell, 1994), 10-11.
10 August 1, 2016 Item 04 6
“Boileau.” A Dictionary of Eighteenth-Century World History, ed. Jeremy Black & Roy Porter (Oxford: Basil Blackwell, 1994), 83.
“Shaftesbury, Anthony Ashley Cooper.” A Dictionary of Eighteenth-Century World History, ed. Jeremy Black & Roy Porter (Oxford: Basil Blackwell, 1994), 679.
“Tetens, Johann Nicolas.” Encyclopédie Philosophique Universelle, vol. 3: Les Oeuvres philosophiques, Dictionnaire, (Paris: Presses Universitaires de France, 1994), I, 1496-1497.
“Empathy and Sympathy.” The New Princeton Encyclopedia of Poetry and Poetics (Princeton: Princeton University Press, 1993), 331-332.
“Naive and Sentimental.” The New Princeton Encyclopedia of Poetry and Poetics (Princeton: Princeton University Press, 1993), 814.
“Unity.” The New Princeton Encyclopedia of Poetry and Poetics (Princeton: Princeton University Press, 1993), 1338-1339.
“Aesthetics.” The Blackwell Companion to the Enlightenment (Oxford: Basil Blackwell, 1991), 14-18.
“Materialism, German.” The Blackwell Companion to the Enlightenment (Oxford: Basil Blackwell, 1991), 317-319.
Review Essays
“Bodies Abounding,” review of Erec R. Koch, The Aesthetic Body: Passion, Sensibility and Corporeality in Seventeenth-Century France, and Ann Thomson, Bodies of Thought: Science, Religion, and the Soul in the Early Enlightenment, in Eighteenth-Century Life 36 (2012), 103-106.
“Misreading Run Riot,” review of Nancy Yousef, Isolated Cases. The Anxieties of Autonomy in Enlightenment Philosophy and Romantic Literature, in Eighteenth-Century Life, 33 (2009), 28-33.
Disrupted Patterns. On Chaos and Order in the Enlightenment, eds. Theodore E. D. Braun and John A. McCarthy, in Arcadia 36 (2001), 190-193.
Frederick Burwick, The Damnation of Newton: Goethe’s Color Theory and Romantic Perception; and The Haunted Eye: Perception and the Grotesque in English and German Romanticism, in Goethe Yearbook, vol. 5, (1990), 330-333.
Lorraine Daston, Classical Probability in the Enlightenment, Eighteenth-Century Studies, vol. 23, no. 2, (Winter 1989-90), 200-204.
11 August 1, 2016 Item 04 7
Yves-Charles Zarka, La Decision métaphysique de Hobbes: Conditions de la Politique, [with Zarka’s response], Archives de Philosophie, vol. 51, no. 2, (April 1988), 327-332.
“Hobbes aux États-Unis, I: Rhétorique et Religion,” [retrospect of scholarship of the past decade], Archives de Philosophie, vol. 51, no. 2, (April 1988), 290-298.
Max H. Fisch, Peirce, Semeiotic, and Pragmatism, in New Vico Studies, 5 (1987), 187-191.
Michael Mooney, Vico in the Tradition of Rhetoric [with Mooney’s response], in Journal of the History of the Behavioral Sciences, 23 (1987), 186-190.
Douglas Lane Patey, Probability and Literary Form. Philosophic Theory and Literary Practice in the Augustan Age, in The Eighteenth Century: Theory and Interpretation, vol. 28, no. 2, (Spring 1987), 180-186.
“Aesthetics in the Encyclopédie, Lessing and Schiller.” (collective review of Amy Cohen Simowitz, Theory of Art in the Encyclopédie; David E. Wellbery, Lessing’s Laocoön: Semiotics and Aesthetics in the Age of Reason; and Leonard P. Wessell, Jr., The Philosophical Background to Friedrich Schiller’s Aesthetics of Living Form) in Eighteenth- Century Life, vol. 10, no. 1, (January 1986), 71-79.
REVIEWS (Over 100 shorter reviews not listed) Giorgio Tagliacozzo (ed.) Vico: Past and Present, in Journal of the History of the Behavioral Sciences, 20 (1984), 87-92.
Thomas Hobbes, Logic/Computatio sive Logica. Part I of De Corpore, tr. & commentary by Aloysius Martinich, ed. & introductory essay by Isabel C. Hungerland and George R. Vick, in The Review of Metaphysics, vol. 35, no. 4, (June 1982), 874-877.
Paul de Man, Allegories of Reading. Figural Language in Rousseau, Nietzsche, Rilke and Proust, in Comparative Literature Studies, 19 (1982), 459-463.
Murray Cohen, Sensible Words: Linguistic Practice in England, 1640-1785, in The Eighteenth Century: A Current Bibliography, n.s. 4, for 1978, (New York: AMS Press, 1981), 119-122.
Robert McRae, Leibniz: Perception, Apperception, and Thought, in The Eighteenth Century: A Current Bibliography, n.s. 4, for 1978, (New York: AMS Press, 1981), 102-106.
Gerard M. Vasco, Diderot and Goethe. A Study in Science and Humanism, in Gradiva, vol. 2, nos. 2-3, (1980-81), 94-97.
Michael J. Morgan, Molyneux’s Question. Vision, Touch and the Philosophy of Perception, in Eighteenth-Century Studies, vol.13, no. 4, (Summer 1980), 466-471.
Paul Ricoeur, The Rule of Metaphor. Multi-disciplinary Studies of the Creation of Meaning in
12 August 1, 2016 Item 04 8
Language, in The Review of Metaphysics, vol. 33, no. 1, (September 1979), 200-204.
Jacques Derrida, Writing and Difference, in The Review of Metaphysics vol. 33, no. 1, (September 1979), 172-174.
Jacques Derrida, Edmund Husserl’s Origin of Geometry: An Introduction, in The Review of Metaphysics, vol. 33, no. 1, (September 1979), 168-172.
Douwe W. Fokkema and Elrud Kunne-IIbsch, Theories of Literature in the Twentieth Century: Structuralism, Marxism, Aesthetics of Reception, Semiotics, in Comparative Literature Studies, 16 (1979), 183-186.
Ian Hacking, The Emergence of Probability: A Philosophical Study of Early Ideas about Probability, Induction and Statistical Inference, in Eighteenth-Century Studies, vol. 12, no. 3, (Spring 1979), 438-443.
Akten des Internationalen Leibniz-Kongresses. Vol. IV: Logik, Erkenntnistheorie, Methodologie, Sprachphilosophie, in Eighteenth-Century Studies, vol. 12, no. 3, (Spring 1979), 433-438.
Michael Ermarth, Wihelm Dilthey: The Critique of Historical Reason, in The Review of Metaphysics, vol. 32, no. 4, (June 1979), 746-750.
Isaiah Berlin, Vico and Herder: Two Studies in the History of Ideas, in The Eighteenth Century: A Current Bibliography, n.s. 2, for 1976, (New York: AMS Press, 1979), 390-393.
Wilhelm Dilthey, Die Wissenschaften vom Menschen, der Gesellschaft und der Geschichte. Vorarbeiten zur Einleitung in die Geisteswissenschaften, 1865-1880. (Gesammelte Schriften, vol. 18.), in The Review of Metaphysics, vol. 31, no. 4, (June 1978), 669-672.
Giorgio Tagliacozzo and Donald Philip Verene (eds.) Giambatista Vico’s Science of Humanity, in Eighteenth-Century Studies, vol. 10, no. 3, (Spring 1977), 384-388.
From 1988 to 2003 I did a critical bibliography of secondary literature on Hobbes from the United States and Canada for the Bilan Hobbes in the April issue of Archives de Philosophie, with reviews of significant books, including, Peter Schröder, Naturrecht und absolutistisches Staatsrecht. Eine vergleichende Studie zu Thomas Hobbes und Christian Thomasius, Berlin, Duncker & Humblot, 2000, Archives de Philosophie 66 (2003) A. P. Martinich, Hobbes, A Biography, Cambridge University Press, 1999; Archives de Philosophie 64 (2001) A. J. Cascardi, The Subject of Modernity, Cambridge: Cambridge University Press, 1992; Archives de Philosophie 57 (1994), 42-3. S. A. Lloyd, Ideas as Interests in Hobbes’s Leviathan. The Power of Mind over Matter, Cambridge: Cambridge University Press, 1992; Archives de Philosophie 57 (1994), 37-8.
13 August 1, 2016 Item 04 9
A. P. Martinich, The Two Gods of Leviathan. Thomas Hobbes on Religion and Politics, Cambridge: Cambridge University Press, 1992; Archives de Philosophie 57 (1994), 38-40. J. R. Stoner, Jr., Common Law and Liberal Theory: Coke, Hobbes, and the Origins of American Constitutionalism, Lawrence: University Press of Kansas, 1992; Archives de Philosophie 57 (1994), 46-7.
Reprints “‘Aesthetic’ for Schiller and Peirce: A Neglected Origin of Pragmatism.” in Peter Kivy (ed.) Essays on the History of Aesthetics (Library of the History of Ideas, 5.) Rochester: University of Rochester Press, 1992), 377-402. Reprinted from Journal of the History of Ideas, vol. 49, no. 4, (October 1988), 607-632.
“The Separation of Reason and Faith in Bacon and Hobbes, and the Theodicy of Leibniz.” in John W. Yolton (ed.) Philosophy, Religion and Science in the Seventeenth and Eighteenth Centuries (Library of the History of Ideas, 2.) (Rochester: University of Rochester Press, 1990), 206-227. Reprinted from Journal of the History of Ideas, 42 (1981), 607-628.
“‘Der Trieb, bestimmt zu werden.’ Hölderlin, Schiller und Schelling als Antwort auf Fichte.” Reprinted in part in Bolten (ed.) Schillers ‘Briefe über die ästhetische Erziehung. (Frankfurt: Suhrkamp, 1984), 261-275. Reprinted from Deutsche Vierteljahrsschrift für Literaturwissenschaft und Geistesgeschichte, 46 (1972), 248-293.
PUBLIC SERVICE Member, International Editorial Board, Critical Edition of the Works of Thomas Hobbes in French Translation, published by Vrin Publishers, Paris. Gottshalk Prize Committee, for books published in 1990, American Society for Eighteenth- Century Studies, 1991 Associate Editor, Hobbes Studies, 1988-2002 Book Review Editor, philosophy and intellectual history, The Eighteenth Century: A Current Bibliography, 1978-92 Selection Committee of The American Council of Learned Societies, 1988-91 Member, Organization and Host Committee, Annual Meeting of the American Society for Eighteenth-Century Studies, Austin, April 1996 Organizer and Director of a 2-day panel, “Assessing Pragmatist Theories of Value,” International Association for Philosophy and Literature, 11th Annual Meeting: Value, University of Washington, Seattle, May 2-3, 1986 Member of the Executive Board, American Society for Eighteenth-Century Studies, 1982-85
Professional Organizations American [and International] Society for Eighteenth-Century Studies, and regional affiliates, including the Western and South-Central Societies American Comparative Literature Association International Association for Philosophy and Literature International Hobbes Association
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INVITED LECTURES AND PRESENTATIONS
“‘Limit’ in Plato’s Parmenides and Philebus,” International Conference on Plato’s Parmenides, Chania, Crete, Greece, September 26-29, 2011
“La Perception Propositionelle: le rôle de la Phantasia dans la logique stoïcienne ou, Est-ce bien le cas?” Colloque sur le Stoïcisme, Centre Léon Robin, Université de Paris IV, November 26, 2010
“Loup ou Leviathan: Animal-Symbole chez Hobbes,” Colloque: l’Animal au croisement de la philosophie, de la littérature, des arts et des sciences à l’âge classique, Ecole Normal Superieur de Lyon, October 11-14, 2010
“Intelligent Design from Bacon to Hume: Vicissitudes of an Argument,” Abteilung Anglistik (Department of English), Ludwig-Maximilians-Universität (University of Munich, Germany), July 1, 2010
“Poetry into Music: [retitled for publication: “Lost Chances:”] Obstacles and Breakthroughs in setting English texts for Purcell and Handel,” Purcell, Handel & Literature. Conference for the Anniversaries of Purcell (born 1659) and Handel (died 1759) at the University of London, November 20, 2009
“The Kantian Schiller? Schiller as Deconstructor of Kantian Dualisms and Progenitor of Peirce’s Pragmatism,” Who is this Schiller [now]?: Friedrich Schiller 1758-2009, International Conference, California State University, Long Beach, September 10, 2009
“Intelligent Design in Shaftesbury,” international colloquium supported by the Fritz- Thyssen-Stiftung on Stoic Elements in Modern Thought: France, England, Germany, 18th-19th Century, at Europa-Universität Viadrina, Frankfurt an der Oder, July 3, 2009
“Intelligent Design in Gassendi, with Glosses drawn from Bacon and Hobbes,” invited paper at the University of Tennessee, Knoxville, sponsored by the Humanities Initiative, the Departments of Modern Foreign Languages, of English, and of Philosophy, the Marco Institute, and the Renaissance Humanisms Research Seminar, April 24, 2009
“Bacon and Hobbes: More Continuity than Contrast,” International Hobbes Association session, Annual Meeting of the Pacific Division of the American Philosophical Society, Vancouver, British Columbia, Canada, April 11, 2009
“Hume’s Designs on Design,” Annual Meeting of the South-Central Society for Eighteenth- Century Studies, Corpus Christi, Texas, February 6, 2009
“Reason as Reckoning: Hobbes’s Natural Law as Right Reason,” Annual Meeting of the
15 August 1, 2016 Item 04 11
Pacific Division of the American Philosophical Association, San Francisco, April 7, 2007
“Odysseus, the Savvy Traveler,” course lecture in the Odyssey adult education series, The University of Texas at Austin, March 5, 2007
“Les Trois Critiques de la Religion chez Thomas Hobbes,” public lecture at the University of Toulouse II – Le Mirail, December 8, 2006
“Les Lumières radicales, Hobbes et la Religion,” public lecture at the University of Bordeaux 3 – Michel de Montaigne, November 20, 2006
“The Instrumentalization of Reason from Hobbes to Kant,” the Mellon Conference: The Guises of Reason II, California Institute of Technology, May 6, 2006
“Particular and General Providence in Enlightenment-Style Intelligent Design” Annual Meeting of the American Society for Eighteenth-Century Studies, Montreal, April 1, 2006
“Perception Propositionelle, Qu’est-ce que la théorie stoïcienne de la phantasia veut dire pour la possibilité de la prédication linquistique?” Institut du Monde Anglophone, Université de Paris III, December 14, 2005
“Hormē et hormainō, pulsion et déliberation chez Homer et Chrysippe,” Centre national de recherche scientifique, UPR 76, Villejuif, Paris, December 13, 2005
“Les Enjeux du débat sur l’Intelligent Design aux Etats-Unis et son arrière-plan historique,” Collège International de Philosophie, Paris, December 9, 2005
“The Influence of the Enlightenment on the Constitution of the United States,” Institut du Monde Anglophone, Université de Paris III, Paris, December 5, 2005
“Shaftesbury and Mandeville,” Annual Meeting of the Western Society for Eighteenth- Century Studies, California State University, Long Beach, February 18, 2005
“Johnson and the Enlightenment,” Literarisches Kolloquium, Ludwig-Maximilians- Universität, Munich, July 20, 2004
“‘Philosophy of History’ and ‘World History’ in Voltaire,” Triennial Meeting of the International Society for Eighteenth-Century Studies, Los Angeles, August 4, 2003
“Saint-Évremond: Elusive Exile,” Triennial Meeting of the International Society for Eighteenth-Century Studies, Los Angeles, August 7, 2003
“The Two Motives behind Berkeley’s Expressly Unmotivated Signs: Sure Perception and Personal Providence,” International Conference commemorating the 250th anniversary of the death of George Berkeley, International Berkeley Society, Texas A& M University, April 4, 2003
16 August 1, 2016 Item 04 12
“Voltaire and Erasmus,” Annual Meeting of the Western Society for Eighteenth-Century Studies, Huntington Library, San Marino, CA, February 16, 2003
“Dryden and Handel: English Words for Music, Music for English Words,” Doctoral Seminar in British Civilization, University of Toulouse II-le Mirail, December 12, 2002 (an invited talk for colleagues and advanced graduate students)
“Continuitiés culturelles, 1660-1780,” CIRBEL: Centre interdisciplinaire de Recherche sur les Iles Brittaniques et l’Europe des Lumières, University of Montpellier Paul Valéry, December 9, 2002
“Esthétique comme discipline de la perception,” CIBEL: Centre interdisciplinaire Bordelais d’Études des Lumières, University of Bordeaux Michel de Montaigne, December 2, 2002
“Continua of Sense” annual meeting of Canadian Philsophical Association, conjoint with Canadian Society for Aesthetics, University of Toronto, Toronto, Canada, May 26, 2002
“Learning from Experience: Johnson and Burke,” annual meeting of the Western Society for Eighteenth-Century Studies, Chapman University, Orange, California, February 17, 2002
“Peirce et Saussure: Sont-ils compatibles?” faculty lecture, University of Paris III, New Sorbonne, June 1, 2001.
“The Concept of Liberalism,” lecture for faculty and students, University of Paris III, May 15, 2001
“Final Cause and Purpose in Hobbes,” talk to Study Group in Anglophone philosophy of the University of Paris I, Sorbonne, March 8, 2001
“Romanticism and Politics: Edmund Burke,” lecture for faculty and students, University of Paris III, March 6, 2001
“The Sublime from Longinus to Burke,” lecture for faculty and students, University of Paris III, February 22, 2001
“The Concept of Enlightenment,” lecture for faculty and students, University of Paris III, New Sorbonne, February 20, 2001
“Science and the Bible in Bacon and Hobbes,” Conference on the Bible in the Crossroads of the Sciences, Institute for the History of the Reformation, Geneva, October 15, 2000
“The Sign Theory of Perception in Johann Nicolas Tetens,” Tenth International Congress on the Enlightenment, International Society for Eighteenth-Century Studies, Dublin, Ireland, July 27, 1999
17 August 1, 2016 Item 04 13
“The Experience of the Longinian Sublime in the Eighteenth Century,” Conference on Neo- Platonism and Western Aesthetics, the International Society for Neoplatonic Studies, the University of Crete, Rethymnon, Crete, August 1, 1998
“Mimesis in Aristotle, Shaftesbury and Johnson,” Annual Meeting of the Western Society for Eighteenth-Century Studies, Berkeley, California, February 15, 1997
“Aesthetics and Sensation,” (my overview and public discussion of my publications on the topic), Seminar on Enlightenment and Revolution, Stanford University, Stanford, California, October 11, 1996
“The Continuum of Sense: From Perception to Feeling to Inner Sense to Tact to Taste to Sentiment,” inaugurating a series on ‘The Senses’, Seminar on Enlightenment and Revolution, and the Department of Comparative Literature, Stanford University, Stanford, California, October 10, 1996
“Aesthetics as the Art of Knowledge: Leibniz and Baumgarten to Peirce and Dewey,” Amsterdam School for Cultural Analysis, Theory and Interpretation, University of Amsterdam, The Netherlands, May 23, 1996
“Aesthetics as the Art of Knowledge: Leibniz and Baumgarten to Peirce and Dewey,” The Johann Wolfgang Goethe University of Frankfurt am Main, Germany, May 17, 1996
“Aesthetics as a Discipline of Sense Perception and Feeling,” Center for the Study of Modernism, Department of Art and Art History, University of Texas, April 5, 1996
“Hobbes et les Stoiciens,” Centre d’Histoire des Sciences et des Doctrines, Centre National de la Recherche Scientifique, Paris, France, November 18, 1995
“Aesthetik als Vorbedingung der Logik bei Alexander Gottlieb Baumgarten und Charles Sanders Peirce,” Abteilung für Kultur- und Geistesgeschichte, Hochschule für angewandte Kunst, Vienna, Austria, May 8, 1995
“Die Ethische Implikationen des Erhabenen: Shaftesbury, Addison and Dennis,” Arbeitsgruppe Analytischen Philosophie und Ethik, Department of Philosophy, University of Vienna, Austria, May 3, 1995
“Schiller and Kant: The Conflict of Two Aesthetics,” American Society for Eighteenth- Century Studies, (panel co-sponsored by the Kant Society of North America), Tucson, Arizona, April 9, 1995
“The Contribution of the English--and English--to Voltaire’s Enlightenment,” Voltaire et ses combats. Congrès International, September 30, 1994, Oxford, England. [The congress, celebrating the 300th anniversary of Voltaire’s birth included sessions in Oxford, September 28-30, and in Paris, October 1-5, 1994.]
18 August 1, 2016 Item 04 14
“The Realist Schiller, Catalyst and Critic for Goethe,” American Society for Eighteenth- Century Studies, Charleston, South Carolina, March 12, 1994
“The Virtues of Confusion and Obscurity in the German Enlightenment,” American Society for Eighteenth-Century Studies, Providence, Rhode Island, April 23, 1993
“The Age of Enlightenment in Europe,” University Honors Center of the University of Texas, Austin, November 4, 1992
“Faust and the Ethos of Technology,” International Faust Conference, Santa Barbara, California, August 18-22, 1992
“Le conatus dans la physique et dans la psychologie de Hobbes,” University of Geneva, Switzerland, June 2, 1992
“The Morality of Sublime in Shaftesbury,” University of California at Berkeley, May 1, 1992
“The Exchange and the Abbey: England’s Contribution toVoltaire’s Enlightenment,” Western Society for Eighteenth-Century Studies, San Marcos, California, February 15, 1992
“La notion de conatus,” Centre d’Histoire des Sciences et des Doctrines, (Groupe de Recherche 988), Centre National de la Recherche Scientifique, Paris, France, June 16, 1990
“Harrington and Classical Republicanism,” Association of Ancient Historians, J. Paul Getty Museum, Malibu, California, May 4, 1990
“Empiricist Aesthetics: Hobbes and Hogarth,” American Society for Aesthetics, Asilomar, California, April 4, 1990
“Theories of Passion from Hobbes to Hume,” South Central Society for Eighteenth-Century Studies, University of New Mexico, Albuquerque, March 2, 1990
“Pursuit and Possession: Changing Values in Property and Properties,” UCLA Center for 17th- & 18th-Century Studies, Clark Library, Los Angeles, California, November 4, 1989. (The opening session of a year-long series: Conceptions of Property, sponsored by the National Endowment for the Humanities, all of which I participated in as discussant.)
“Peirce’s Conception of Aesthetics,” Peirce Sesquicentennial Congress, Cambridge, Massachusetts, September 7, 1989
“Anticipations of ‘Aesthetics’ in Gracian, Bouhours, Leibniz and Baumgarten,” American Society for Eighteenth-Century Studies, Louisiana, New Orleans, March 31, 1989
“Burke’s Response to the French Revolution,” Western Society for Eighteenth-Century
19 August 1, 2016 Item 04 15
Studies, University of California, Berkeley, February 18, 1989
“Leibniz’s Conception of Sensation and the Beginnings of Aesthetics,” Departments of English and Philosophy, University of New Mexico, Albuquerque, February 6, 1989
“The Psychological Sense and Moral and Political Significance of ‘Endeavor’ in Hobbes.” Conference on Hobbes and Spinoza, Urbino, Italy, October 13, 1988
“Hobbes’s Conception of Persuasion,” Conference on Hobbes and Religion, Hofgeismar, Federal Republic of Germany, October 10, 1988
“The Importance of Purpose in Hobbes’s Political Theory,”Kolloquium Hobbes, International Hobbes Association, Heydeveldthof bei Düsseldorf, Federal Republic of Germany, October 6, 1988
“Prudence et Science chez Hobbes,” Congress for the 400th Anniversary of Hobbes’s death, University of Paris I (Sorbonne), Paris, June 1, 1988
“Psychologie des Denkens bei Hobbes: Endzweck und Neugier,” University of Bern, Switzerland, May 24, 1988
“The Imagery of Hobbes’s Leviathan,” International Association for Philosophy and Literature, Notre Dame, Indiana, April 21, 1988
“La Curiosité chez Hobbes,” Société Francaise de Philosophie, Amphithéâtre Michelet, La Sorbonne, Paris, January 23, 1988 (Address to the Society opening ‘l’Année Hobbes’)
“Hobbes et la Souveraineté,” University of Paris X--Nanterre, January 19, 1988
“Respice Finem! The Importance of Purpose in Hobbes’s Psychology,” Colloque Franco- Américain sur Hobbes, Nantes, June 23, 1987
“Is there a Tradition of Rhetoric?” American Society for Eighteenth-Century Studies, Cincinnati, April 25, 1987
Graduate Teaching CL381 The Enlightenment CL385 Literary Theory from Plato to Derrida E390M The Enlightenment (English, French, German) = E390L E391L Conference Course on Special Topics E392M Taste and the Sublime E392L Late 18th-Century Prose (Johnson, Hume, Burke, Gibbon) E398R Conference
Undergraduate Teaching E316K Masterworks of Literature: World
20 August 1, 2016 Item 04 16
E320L Major Writers of the Eighteenth Century E320M Literature and Music E321K Introduction to Criticism E363K From Classic to Romantic E379N Homer in Translation E379N The English Enlightenment E379S Senior Seminar: Purcell, Handel and English Literature HMN320 The Enlightenment = E379N HMN350 The French Revolution (for 1989)
Ph.D Committees Justine Price, History of Art 2007 Matt Dolloff, English 2006 Lane Relyea, Art and the History of Art 2004 William Gregory Hussey, Music and the History of Music, 1997 Charles A. Cramer, Art and the History of Art 1997 David Gunto, English, 1992 Chih-Ping Chang, American Studies, 1991 Richard Baker, Philosophy, 1986 Li Xingbo, Comparative Literature
SERVICE
Advising/Counseling/Other Student Service
Registration, 1989-94 Graduate Advising, 1995-2000
Administrative
English Department
Chair, Restoration and 18th-Century Interest Group, Spring 1988 Member, Graduate Conference and Mills Lecture Committee, 1986-87 Chair, Critical Theory Interest Group, 1985-87 Graduate Conference and Mills Lecture Committee, 1986-87 Invited Speakers/Visiting Lecturers Committee, 1998-2006 Travel Committee, 2000-2006 Faculty Exchanges Committee, 2001-2006 Graduate Admissions, 2001-2005 Head, Qualifying Examination Committee, 1995-96 Qualifying Examination Committee 1985-86, 1993-94, 1999- Quality Committee 1985-86
Comparative Literature Program
21 August 1, 2016 Item 04 17
Course and Curriculum Committee, 1986-87, 1988-89, 1998- Qualifying Examination Committee, 1986-87, 1992-94, 1998-
Professional Organizations
American Society for Eighteenth-Century Studies, and regional affiliates, including the Western and South-Central Societies American Comparative Literature Association International Association for Philosophy and Literature International Hobbes Association
22 August 1, 2016 Item 04 City of Del Mar Submit Date: Jul 09, 2016 Status: on agenda Profile
Reid M Westburg First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Qualcomm, Inc. Senior Staff Engineer/Manager Employer Job Title
Which Boards would you like to apply for?
San Dieguito Lagoon Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
I have never served on a board before but I believe my experience working in the technical industry for the past 30 years is relevant. More importantly I have a vested interest preserving and protecting our lagoon - I not only drive by it every day to/from my home but my backyard overlooks the lagoon. Lastly, I am a nature lover, spending most mornings in our beautiful ocean as part of a daily exercise regiment.
Tell us about your educational background.
I have a technical BS degree from UCLA and technical/business Masters degree from UCSD.
Reid M Westburg Page 1 of 3 23 August 1, 2016 Item 04 Tell us about your job experience.
Please see my resume.
ReidWestburg_resume_2016.docx Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
None
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Anne Marie Sheppard Reference #1: Name
Oribia Rd Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Ken Ruggiero Reference #2: Name
Balboa Ave Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
Paul Steitz Reference #3: Name
8th St Reference #3: Street Name Only (NO house number)
Reid M Westburg Page 2 of 3 24 August 1, 2016 Item 04 Reference #3: Phone Number
Demographics
1979 I have been a resident of California since:
1997 I have been a resident of San Diego County since:
1998 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Reid M Westburg Page 3 of 3 25 August 1, 2016 Item 04 Reid Westburg 1439 Oribia Rd Del Mar, CA 92014
Experience Senior Staff Engineer/Manager Qualcomm, Inc. 2010-Present • Since 2012 I have been involved in the development and demonstration of new audio technologies to current and potential customers, as well as trade shows. My efforts include software development and integration as well as team coordination, planning and scheduling. • From 2010 to 2012 I was the lead for a large group comprised of multiple globally distributed teams developing error recovery capability across the phone’s multi-processor architecture.
Staff Software Engineer/Manager Qualcomm, Inc. 2006-2010 • Member of the software architecture team responsible for a new architectural initiative to redesign smartphone multimedia frameworks. • Led a team developing new audio technologies on the smartphone. Led and coordinated numerous meetings with leads and stakeholders of the audio sub-system. Designed, coordinated, prepared and presented new architecture to stakeholders. Completed design documents, software implementations, hosted training sessions and engaged in process improvement initiatives.
Software Engineer/Lead Silicon Wave, Inc.(Startup) /RF Micro Devices 1998-2006 • Technical lead and manager for Embedded Products, including Bluetooth Headsets, Cable Replacement, and HID devices. • Directed small local and remote off-site teams for full life cycle development projects.
Software Engineer BAE Systems 1994-1998 • Developed safety critical embedded software using structured and object-oriented methodologies for DSP and microprocessor flight control computer designs.
Systems Engineer Lear Astronics Corporation 1986-1994 • Flight control systems integrator for commercial and military fly-by-wire flight control computer systems. • Produced proposals, system specifications, technical documentation and design seminars.
Education University of California, Los Angeles June 1986 Bachelor of Science; Mathematics/Systems Science
University of California, San Diego August 2011 Masters of Applied Science; Architecture and Enterprise Systems Engineering
26 August 1, 2016 Item 04 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Council Member Al Corti and Deputy Mayor Terry Sinnott Liaisons to the Finance Committee Prepared by Ashley Jones, Administrative Services Director
DATE: August 1, 2016
SUBJECT: Appointments to the Finance Committee
RECOMMENDATION:
Council Liaisons to the Finance Committee recommend the appointment of Scott MacDonald and Bob Gans, and the re-appointment of Bud Emerson and Clive Freeman to three-year terms on the Finance Committee, expiring on July 30, 2019.
BACKGROUND:
The Finance Committee is composed of nine members who serve three-year staggered terms. The purpose of the Committee is to review the annual budget, quarterly financial reports, and the annual audited financial statements and the City’s investment policy. The Committee also researches and reports on financial issues of interest to the City Council.
There are currently four vacancies on the Finance Committee due to two resignations and term expirations of two existing members. The City advertised the openings on the Finance Committee and received six Citizen Interest Forms from the following: Robert (Bob) Gans, Clive Freeman, Bud Emerson, Steven McDowell, Scott MacDonald, and Theresa Gaasterland (Attachment A).
As liaisons to the Finance Committee, we recommend that the City Council appoint Scott MacDonald and Bob Gans, and re-appoint Bud Emerson and Clive Freeman to serve three-year terms on the Finance Committee, expiring on July 30, 2019.
______City Council Action:
1 August 1, 2016 Item 05 City Council Staff Report Appointments to the Finance Committee August 1, 2016 Page 2 of 2
With these appointments, the terms of Finance Committee will be as follows:
MEMBER NAME DATE APPOINTED TERM EXPIRATION Clive Freeman Nominated (2nd Term) July 30, 2019 Bud Emerson Nominated (2nd Term) July 30, 2019 Scott MacDonald Nominated July 30, 2019 Bob Gans Nominated July 30, 2019 Jim Benedict October 6, 2014 (2nd Term) July 30, 2017 Jim Eckmann October 6, 2014 (2nd Term) July 30, 2017 Barry Entous October 6, 2014 (2nd Term) July 30, 2017 Tom McGreal, Chair July 20, 2015 (2nd Term) July 30, 2018 Glenn Sherman July 20, 2015 (2nd Term) July 30, 2018
Attachments:
Attachment A - Citizen Interest Forms
2 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 30, 2016 Status: on agenda Profile
Steven McDowell First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
Desire to continue volunteering for the City of Del Mar. Having served several years on the City Traffic and Parking Advisory Committee it would be great to be on a committee that could take advantage of my professional experience and what I have learned helping on boards.
Tell us about your educational background.
Bachelor of Science in Finance from San Diego State University Masters in Business Administration from the University of San Diego
Steven McDowell Page 1 of 4 3 August 1, 2016 Item 05 Tell us about your job experience.
Over 30 years working as a professional or volunteer. Former Auditor or Treasurer for multiple non profits including: Parent Teacher Association, Little League and Boy Scouts. Professional experience including work in cost accounting, financial planning, acquisitions, compliance. Job titles included; Controller, Director of Financial Planning, International Controller, Finance Director for Government Programs.
Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Traffic and Parking Advisory Committee
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Joe Sullivan Reference #1: Name
Ocean Front Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Ed Yuskiewicz Reference #2: Name
Coast Blvd. Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
Brett D'Arcy Reference #3: Name
Steven McDowell Page 2 of 4 4 August 1, 2016 Item 05 Van Dyke Reference #3: Street Name Only (NO house number)
Reference #3: Phone Number
Demographics
June, 1964 I have been a resident of California since:
June, 1964 I have been a resident of San Diego County since:
November, 2001 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Steven McDowell Page 3 of 4 5 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 09, 2016 Status: submitted Profile
Clive Freeman First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Materials Design, Inc. VP Software Development Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
I am applying for a second term for the finance committee (and I hope that I am using the correct form - please let me know if not) my first term is expiring soon. I have an analytical background and have worked in management for a number of years and have experience in budgeting.
Tell us about your educational background.
I have a PhD in physical chemistry.
Clive Freeman Page 1 of 3 6 August 1, 2016 Item 05 Tell us about your job experience.
I work in software development for industrial research and development.
Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Finance committee
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Dan Quirk Reference #1: Name
23rd Street Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
James Eckmann Reference #2: Name
Ocean View Avenue Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
William Holliday Reference #3: Name
Crest Road Reference #3: Street Name Only (NO house number)
Clive Freeman Page 2 of 3 7 August 1, 2016 Item 05 Reference #3: Phone Number
Demographics
1991 I have been a resident of California since:
1991 I have been a resident of San Diego County since:
2012 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Clive Freeman Page 3 of 3 8 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 23, 2016 Status: submitted Profile
Bud Emerson First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
- National Director of Training and TA, $18 Million budget - Founder and CEO of Regional Training Center, 15 years profitability - Vice President of West Coast and Northeast Regions, The Executive Committee, $100 Million company - One term on the Finance Committee - 15 years executive coach and strategic planning leader
Tell us about your educational background.
Gettysburg College, BA USC, Masters in Management
Bud Emerson Page 1 of 3 9 August 1, 2016 Item 05 Tell us about your job experience.
Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Finance Committee, Fairgrounds Master Plan Ad Hoc Advisory Committee, Housing Element Advisory Committee
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Tom McGreal Reference #1: Name
Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Jim Benedict Reference #2: Name
Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
Harold Feder Reference #3: Name
Reference #3: Street Name Only (NO house number)
Bud Emerson Page 2 of 3 10 August 1, 2016 Item 05 Reference #3: Phone Number
Demographics
1955 I have been a resident of California since:
1972 I have been a resident of San Diego County since:
1972 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Bud Emerson Page 3 of 3 11 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 30, 2016 Status: on agenda Profile
Scott MacDonald First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
I have been CEO or President of several companies and am very familiar with budgets, accessing capital, and financial analyses. At my last job, for example, my company secured a $3 billion loan, we issued investment grade bonds, and maintained an investment grade credit rating in various subsidiaries, which were the primary borrowers. I have negotiated several public private partnership deals involving city and private resources and debt. I retired from full time work earlier this year and have a desire to help my community using my experience.
Scott MacDonald Page 1 of 4 12 August 1, 2016 Item 05 Tell us about your educational background.
B.A. Indiana University, Bloomington IN M.R.P. (Masters of Regional Planning) University of North Carolina, Chapel Hill, NC
Tell us about your job experience.
Chairman and CEO, Investa Property Group, Sydney Australia Principal, Shopping Center Solutions LLC, Del Mar, CA President, New Plan Excel Realty Trust, New York, NY CEO Center America Property Trust, Houston, TX COO, Acting CEO Trizec Hahn Centers, San Diego, CA CEO Plaza Properties of America, San Diego, CA
Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Design Review Board
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Rick Gold Reference #1: Name
Balboa Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Brian Laidlaw Reference #2: Name
Luzon Reference #2: Street Name Only (NO house number)
Scott MacDonald Page 2 of 4 13 August 1, 2016 Item 05 Reference #2: Phone Number
Pat Steusloff Reference #3: Name
Balboa Reference #3: Street Name Only (NO house number)
Reference #3: Phone Number
Demographics
11-2013 I have been a resident of California since:
11-2013 I have been a resident of San Diego County since:
11-2013 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Acknowledgement
Scott MacDonald Page 3 of 4 14 August 1, 2016 Item 05 Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Scott MacDonald Page 4 of 4 15 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 06, 2016 Status: submitted Profile
Robert S. Gans First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
Self-Employed Attorney Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Robert S. Gans Page 1 of 4 16 August 1, 2016 Item 05 Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
I am a semi-retired attorney and 16-year resident of Del Mar, and have spent virtually my entire career specializing in fiduciary litigation and financial fraud -- particularly in the areas of securities fraud, corporate governance, and accountants' liability litigation. Since retiring from my former law firm, I have been fortunate to serve in a financial capacity on the boards of multiple non-profits. Most recently, I held the position of Board Treasurer and Chair of the Finance Committee of La Jolla Country Day School, where I was responsible for overseeing a $30 million annual budget and $20 million endowment fund. (I also served as a Trustee of the school's employee retirement plan). In addition, I have been a member of the Board of the Del Mar Foundation for the past 3 1/2 years, where I currently serve as Vice President, Chair of the Development Committee, and a member of the Executive and Grants committees. In these positions, I play a significant role in budgeting, financial planning, and fundraising for the organization, which includes issues relating to the Foundation's endowment funds. I am also a past president of the Del Mar Schools Education Foundation. My wife and I settled in Del Mar with our 4-year old son and 2-year old daughter 16 years ago, soon realizing that we had found the perfect place to raise a family. Now that we are on the verge of becoming empty nesters, I have the time and desire to find additional ways to contribute to our community. I believe that my professional background, which combines financial literacy with an understanding of the fiduciary duties and obligations surrounding financial decisions and management, has added value to the various boards on which I have served. I would be honored to have the opportunity to put my skill set to work on behalf of the City's Finance Committee.
Tell us about your educational background.
Dartmouth College, A.B. (Government) 1987 New York University School of Law, J.D. 1990
Tell us about your job experience.
Schulte Roth & Zabel, New York, New York Associate, 1990-93 Bernstein Litowitz Berger & Grossmann LLP, New York, New York and San Diego, CA Associate, 1993-98 Partner, 1998-2006 Robert S. Gans, Attorney at Law Sole Proprietor, 2008-Present
Gans_CV4.doc Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
None
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
If yes, what board or committee, and when?
Robert S. Gans Page 2 of 4 17 August 1, 2016 Item 05 Judd Halenza Reference #1: Name
Crest Road Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Lynn Gaylord Reference #2: Name
Ocean Front Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
T. Pat Stubbs Reference #3: Name
Forest Way Reference #3: Street Name Only (NO house number)
Reference #3: Phone Number
Demographics
May 2000 I have been a resident of California since:
May 2000 I have been a resident of San Diego County since:
May 2000 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Robert S. Gans Page 3 of 4 18 August 1, 2016 Item 05 Ethnicity
Gender
Date of Birth
Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Robert S. Gans Page 4 of 4 19 August 1, 2016 Item 05 Robert S. Gans
Bob Gans has 25 years’ experience as a litigator and trial attorney, and is only the third attorney in the nation to have obtained a jury verdict on behalf of plaintiffs in a securities fraud class action in the past 20 years. A graduate of Dartmouth College (A.B., cum laude, 1987) and New York University School of Law (J.D. 1990), Bob began his career as an associate at Schulte Roth & Zabel in New York, where he was a member of the team that successfully defended a former “Big 8” accounting firm against a claim of fraud after a 6-week trial.
Bob moved to in New York in 1993, where he practiced primarily in the areas of securities fraud, accountants’ liability, and corporate governance litigation for the next 13 years, becoming a partner in January 1999, and an equity partner in January 2003. His cases were regularly featured in the National Law Journal’s annual “Plaintiff’s Firm Hot List” until the time he left BLBG as an equity partner in 2006, and he often lectured to groups and published articles on securities fraud, corporate governance, and accountants’ liability issues.
While at BLB&G, Bob served as lead trial counsel in In re Clarent Corp. Securities Litigation in the United States District Court for the Northern District of California, in which he obtained, after four weeks of trial, only the third securities fraud class action verdict obtained on behalf of plaintiffs since the enactment of the Private Securities Litigation Reform Act of 1995. At the conclusion of the proceedings in Clarent, an accounting fraud case, the Court described the trial as “the best tried case I’ve witnessed in my years on the bench”, and the attorneys as “some of the best trial lawyers I’ve ever seen.” The victory was profiled in the National Law Journal (included in its annual “Plaintiffs’ Hot List”), and Chambers USA, which cited the “virtually unprecedented” result in awarding its top ranking to Bob’s former firm. Some of the other significant accounting fraud cases that Bob was responsible for prosecuting include BFA Liquidation Trust v. Arthur Andersen LLP, which settled for $217 million for plaintiffs after one week of trial; and In re Electronic Data Systems Corp. Securities Litigation, which settled for $137.5 million for plaintiffs on the eve of trial.
A native New Yorker, Bob relocated with his wife and 2 children to San Diego in 2000 as a founding partner of BLBG’s California Office. Starting with 3 attorneys and a staff of 2, the office had grown to number approximately 10 attorneys and 20 staff members by the time Bob left BLB&G in 2006. Bob devotes a significant amount of time to community service: He was a member of the La Jolla Country Day School Board of Trustees from July 2011 to June 2015, serving as Treasurer, Chair of the Finance Committee and its Investment Subcommittee, and received the school’s Trustee Award for Distinguished Service. Bob previously served as President of the Del Mar Schools Education Foundation, a private foundation providing financial support to the eight public schools within the Del Mar Union School District. He currently serves as Vice- President and Chair of the Development Committee for the Del Mar Foundation, which sponsors a variety of community activities in Del Mar, CA.
20 August 1, 2016 Item 05 City of Del Mar Submit Date: Jun 30, 2016 Status: submitted Profile
Theresa Gaasterland First Name Middle Last Name Initial
Email Address
Street Address Suite or Apt
Del Mar CA 92014 City State Postal Code
Yes Do you live in the City of Del Mar?
Primary Phone Alternate Phone
University of California San Diego Professor Employer Job Title
Which Boards would you like to apply for?
Finance Committee
Interests & Experiences
Tell us your qualifications for appointment and/or reasons for applying to serve on a board or commission..
As a 15 year resident of Del Mar, I care about our City and want to contribute to its well-being. The City faces some upcoming questions including regulation of short term rentals, a one-cent sales tax that would return to the City for improvement projects. My application to the Finance Committee reflects my interest in numbers and finances , and making sure policy decisions have positive financial impact to the
Theresa Gaasterland Page 1 of 4 21 August 1, 2016 Item 05 Tell us about your educational background.
I am a computer scientist who does research in data mining methods and applications. I apply computational technologies to problems in biology, medicine, and large scale data analysis, with an emphasis on reasoning with incomplete information, automated reasoning, and cooperative answering (human/computer interaction). B.S. Computer Science; B.A. Russian; Duke University, Durham, NC 1984 M.S. Computer Science; University of Maryland, College Park, MD 1988 Ph.D. Computer Science; University of Maryland, College Park, MD 1992 Enrico Fermi Scholar (postdoctoral), Computational Biology, Department of Energy, 1993- 1994
Tell us about your job experience.
I have been a tenured Full Professor at the University of California, San Diego, since 2003. I teach at Scripps Institution of Oceanography, and in the Computer Science and Bioengineering Departments. Prior to UCSD, I was an Associate Professor and Head of Lab at the Rockefeller University in New York, and Assistant Professor at the University of Chicago. I spent 5 years at the Department of Energy as a Staff Scientist and Enrico Fermi Scholar after finishing my Ph.D. at the University of Maryland. Prior to my Ph.D., I was a Design Engineer at Texas Instruments in the Process Control Division in Johnson City, Tennesee, during which I earned my MS in distributed database systems.
NIH-Biosketch-Master- TGaasterland-2016-06-08.pdf Upload a Resume
Please list all the Del Mar boards, commissions, or committees that you now serve on.
Sea Level Rise Stakeholder-Technical Advisory Committee (STAC) - Chair
Have you ever applied for a Del Mar Committee and not been appointed?
Yes No
Planning Commission, June 2015 If yes, what board or committee, and when?
Karl Willert Reference #1: Name
Stratford Court Reference #1: Street Name Only (NO house number)
Reference #1: Phone Number
Theresa Gaasterland Page 2 of 4 22 August 1, 2016 Item 05 Charles Cantor Reference #2: Name
Stratford Court Reference #2: Street Name Only (NO house number)
Reference #2: Phone Number
Paul Cascone Reference #3: Name
Stratford Court Reference #3: Street Name Only (NO house number)
Reference #3: Phone Number
Demographics
2003 I have been a resident of California since:
2003 I have been a resident of San Diego County since:
2003 I have been a resident of Del Mar since:
I am a registered voter in Del Mar
Yes No
Ethnicity
Gender
Date of Birth
Theresa Gaasterland Page 3 of 4 23 August 1, 2016 Item 05 Acknowledgement
Please Agree with the Following Statement
The Del Mar Municipal Code requires that all members of its committees file Conflict of Interest Statements with the Administrative Services Director in conformance with the Fair Political Practices Commission. By agreeing, I am acknowledging that I have reviewed the Del Mar Resolution(s) and/or Ordinance describing the committee for which I am applying.
I Agree *
Theresa Gaasterland Page 4 of 4 24 August 1, 2016 Item 05
OMB No. 0925-0001 and 0925-0002 (Rev. 10/15 Approved Through 10/31/2018)
BIOGRAPHICAL SKETCH Provide the following information for the Senior/key personnel and other significant contributors. Follow this format for each person. DO NOT EXCEED FIVE PAGES. NAME: Theresa Gaasterland eRA COMMONS USER NAME (credential, e.g., agency login): TGAASTERLAND POSITION TITLE: Professor
EDUCATION/TRAINING DEGREE Completion (if Date FIELD OF STUDY INSTITUTION AND LOCATION applicable) MM/YYYY
Duke University, Durham, NC B.S./B.A. 05/1984 Computer Science / Russian University of Maryland, College Park, MD M.S. 12/1988 Computer Science University of Maryland, College Park, MD Ph.D. 12/1992 Computer Science Argonne National Laboratory, Argonne, IL Postdoc. 08/1994 Computational Biology
A. Personal Statement
Dr. Gaasterland leads a research program aimed to develop and apply methods to identify genes and the impact of their genetic and evolutionary variation on regulation of transcription and on protein domain structure and function. Dr. Gaasterland has extensive experience with microbial genome sequencing and annotation, use of RNA-seq data to identify genes in assembled genomes from novel organisms, software tools to detect horizontally transferred genes in microbes, the management and analysis of large next-generation high- throughput sequencing datasets, and the sequencing and analysis of marine microbial, eukarotic, and human genomes. Accomplishments in these areas as well as her early career work in deductive databases is reflected in over 100 refereed publications, of which most are indexed in PubMed. Dr. Gaasterland trained as a computer scientist with emphasis in databases, automated reasoning and reasoning with uncertain information. With a Department of Energy postdoctoral fellowship, she transitioned from pure computer science into the application of methods in databases and artificial intelligence to the interpretation and analysis of genomic sequence and gene expression data. Since receiving the Presidential Early Career Award in Science and Engineering (PECASE) in 2000, she has been continuously funded by the National Science Foundation to develop and use methods in computational genomics, and has participated as PI or co-PI on a series of biomedical grants from the NIH. She is PI of NIH/NEI awards to sequence and analyze variation in protein coding exons genome-wide for 400 primary open angle glaucoma cases, as a member of the NEIGHBOR Consortium at the Massachusetts Eye and Ear Institute and the NHGRI Medical Sequencing program.
B. Positions and Honors
Positions and Employment 1984-1988 Software Design Engineer, Industrial Process Control, Texas Instruments 1986-1992 Research Assistant, Department of Computer Science, University of Maryland 1992-1994 Enrico Fermi Postdoctoral Scholar, Mathematics and Computer Science Division, Argonne National Laboratory, U.S. Department of Energy 1994-1998 Assistant Scientist, Mathematics and Computer Science, Argonne National Laboratory, DOE 1994-1998 Assistant Professor, Department of Computer Science, University of Chicago 1998-2002 Assistant Professor and Head of Laboratory, The Rockefeller University 2002-2003 Associate Professor and Head of Laboratory, The Rockefeller University 2003-present Professor, Scripps Institution of Oceanography, University of California San Diego, La Jolla, CA
25 August 1, 2016 Item 05
Member, Bioinformatics and Systems Biology Graduate Program, UCSD Member, Institute for Genomic Medicine, School of Medicine, UCSD
Other Experience and Professional Memberships 1997-2000 Founding Officer, International Society for Computational Biology 1992-present Member, Sigma Xi; 1995-2009 CIAR Research Associate, Evolutionary Biology Program 2006-present Elected Vice President, International Society for Computational Biology Awards and Honors 1980-1984 Angier B. Duke Scholar, Duke University 1999-2001 Mallinkrodt Foundation Fellowship 1999-2002 Sinsheimer Foundation Fellowship 1999 NSF CAREER Award 2000-2002 Burroughs Wellcome New Investigator Award 2000-2005 Presidential Early Career Award in Science and Engineering 2003 New York City Mayor’s Award for Excellence in Science and Technology 2005-2006 NIH Pioneer Award Panel Member 2007-2009 Member, NSF Director’s Advisory Committee on Cyberinfrastructure 2008-present Member, UCSD Research Cyberinfrastructure Oversight Committee 2010 Elected Senior Member, Association of Computing Machinery 2010-present Member, CALIT2 Research Advisory Council 2012-2013 Chair, UCSD Chancellor’s Committee on the Status of Women, Faculty Subcommittee 2012 Keynote Speaker, 20th Intelligent Systems for Molecular Biology, “20 Years: Past and Future” 2014 University of Maryland, College Park, Distinguished Alumni Award 2016 Invited Speaker, Gavin Herbert Eye Institute, University of California, Irvine 2016 Keynote Speaker, Sociedad Iberoamericana de Bioinformatica, International Conference 2016 University of Delaware, Wilmington, Distinguished Speaker 2008-present Vice President (Founding Officer) International Soc. of Computational Biology (2000+ members)
C. Contributions to Science
1. Development of new bioinformatics and biotechnological tools supports my work in computational genomics and systems biology. I have developed computational systems to support analysis of high throughput sequencing of nascent RNA transcripts, a method to detect long-range genome re- arrangements through high-throughput sequencing, and methods to identify and predict alternative splicing events, reflected in the following publications:
a. Allison KA, Kaikkonen MU, Gaasterland T, Glass CK. Vespucci: a system for building annotated databases of nascent transcripts. Nucleic Acids Res. 2014 Feb;42(4):2433-47. PMID: 24304890 b. Van Nieuwerburgh F, Thompson RC, Ledesma J, Deforce D, Gaasterland T, Ordoukhanian P, Head SR. Illumina mate-paired DNA sequencing-library preparation using Cre-Lox recombination. Nucleic Acids Res. (2012) 40(3):e24. PMID: 22127871 c. Taneri B, Snyder B, Novoradovsky A, Gaasterland T. Alternative splicing of mouse transcription factors affects their DNA-binding domain architecture and is tissue specific. Genome Biol. (2004) 5:R75. PMID: 15461794 d. Ule J, Stefani G, Mele A, Ruggiu M, Wang X, Taneri B, Gaasterland T, Blencowe BJ, Darnell RB. An RNA map predicting Nova-dependent splicing regulation. Nature (2006) 444:580-6. PMID: 17065982
2. My work in the systems biology of Wnt signaling in stem cells (collaboration with K. Willert, PhD) has revealed regulatory networks governed by transcription factors and microRNAs upregulated in response to Wnt treatment. Wnt signaling is of importance in trabecular meshwork remodeling in glaucoma. Relevant publications include the following: a. Kumar N, Richter J, Cutts J, Bush KT, Trujillo C, Nigam SK, Gaasterland T, Brafman D, Willert K. Generation of an expandable intermediate mesoderm restricted progenitor cell line from human pluripotent stem cells. Elife. (2015) PMID: 26554899; PMCID: PMC4631902. b. Brafman DA, Moya N, Allen-Soltero S, Fellner T, Robinson M, McMillen ZL, Gaasterland T, Willert K. Analysis of SOX2-Expressing Cell Populations Derived from Human Pluripotent Stem Cells. Stem Cell Reports. (2013) 1(5):464-78. PMID: 24286033
26 August 1, 2016 Item 05
c. Fernandez A, Huggins IJ, Perna L, Brafman D, Lu D, Yao S, Gaasterland T, Carson DA, Willert K. The WNT receptor FZD7 is required for maintenance of the pluripotent state in human embryonic stem cells. Proc Natl Acad Sci USA. (2014) 111(4):1409-14. PMID: 24474766 d. Moya N, Cutts J, Gaasterland T, Willert K, Brafman DA. Endogenous WNT signaling regulates hPSC-derived neural progenitor cell heterogeneity and specifies their regional identity. Stem Cell Reports. (2014) 3(6):1015-28. PMID: 25458891; PMC4264562. e. Bauer M, Bénard J, Gaasterland T, Willert K, Cappellen D. WNT5A encodes two isoforms with distinct functions in cancers. PLoS One. (2013) 8(11):e80526. PMID: 24260410; PMCID: PMC3832467.
3. My work in prokaryotic genomics has yielded insights into molecular systems of marine and archaeal organisms encoded in their genomes. We were among the first to organize proteins identified genome-wide into cellular and biochemical pathways to identify metabolic capacity based on genome content. Relevant publications include the following: a. Podell S, Gaasterland T, Allen EE. A database of phylogenetically atypical genes in archaeal and bacterial genomes, identified using the DarkHorse algorithm. BMC Bioinformatics. (2008) 9:419. PMID: 18840280; PMC2573894. b. Dick GJ, Podell S, Johnson HA, Rivera-Espinoza Y, Bernier-Latmani R, McCarthy JK, Torpey JW, Clement BG, Gaasterland T, Tebo BM. Genomic insights into Mn(II) oxidation by the marine alphaproteobacterium Aurantimonas sp. strain SI85-9A1. Appl Environ Microbiol. (2008) 74(9):2646-58. PMID: 18344346; PMC2394881. c. Robidart JC, Bench SR, Feldman RA, Novoradovsky A, Podell SB, Gaasterland T, Allen EE, Felbeck H. Metabolic versatility of the Riftia pachyptila endosymbiont revealed through metagenomics. Environ Microbiol. (2008) 10(3):727-37. PMID: 18237306. d. Sobral RG, Jones AE, Des Etages SG, Dougherty TJ, Peitzsch RM, Gaasterland T, Ludovice AM, de Lencastre H, Tomasz A. Extensive and genome-wide changes in the transcription profile of Staphylococcus aureus induced by modulating the transcription of the cell wall synthesis gene murF. J Bacteriol. (2007) 189(6):2376-91. PMID: 17194794; PMC1899396. e. Serres MH, Gopal S, Nahum LA, Liang P, Gaasterland T, Riley M. A functional update of the Escherichia coli K-12 genome. Genome Biol. (2001) 2(9):RESEARCH0035. PMID: 11574054; PMC56896. f. Sensen CW, Charlebois RL, Chow C, Clausen IG, Curtis B, Doolittle WF, Duguet M, Erauso G, Gaasterland T, Garrett RA, Gordon P, de Jong IH, Jeffries AC, Kozera C, Medina N, De Moors A, van der Oost J, Phan H, Ragan MA, Schenk ME, She Q, Singh RK, Tolstrup N. Completing the sequence of the Sulfolobus solfataricus P2 genome. Extremophiles. (1998) 2(3):305-12. PMID: 9783178.
4. My work in microbial eukaryotic genomics has been motivated by their unique biological capabilities including trans-splicing and production of anti-microbial compounds. For study of Trypanosomes and Dinoflagellates, we developed tools to identify trans-splicing sites and predict transcriptional organization from genomic DNA and transcribed RNA. For Ostreococcus, we developed tools to identify poly-ketide synthase proteins and study their horizontal transfer into and subsequent evolution within the genome. Relevant publications include the following: a. Zhang H, Hou Y, Miranda L, Campbell DA, Sturm NR, Gaasterland T, Lin S. Spliced leader RNA trans-splicing in dinoflagellates. PNAS USA. (2007) 104(11):4618-23. PMID: 17360573; PMC1838650. b. Palenik B, Grimwood J, [and 35 authors], Grigoriev IV. The tiny eukaryote Ostreococcus provides genomic insights into the paradox of plankton speciation. PNAS USA. (2007) 1;104(18):7705-10. PMID: 17460045; PMC1863510. c. Gopal S, Awadalla S, Gaasterland T, Cross GA. A computational investigation of kinetoplastid trans-splicing. Genome Biol. (2005) 6(11):R95. PMID: 16277750; PMC1297651. d. Gopal S, Cross GA, Gaasterland T. An organism-specific method to rank predicted coding regions in Trypanosoma brucei. Nucleic Acids Res. (2003) 31(20):5877-85. PMID: 14530436; PMC219476. e. Gopal S, Schroeder M, Pieper U, Sczyrba A, Aytekin-Kurban G, Bekiranov S, Fajardo JE, Eswar N, Sanchez R, Sali A, Gaasterland T. Homology-based annotation yields 1,042 new candidate genes in the Drosophila melanogaster genome. Nat Gen. (2001) 27(3):337-40. PMID: 11242120.
27 August 1, 2016 Item 05
5. Genomic and transcriptomic analysis of the medicinal leech has yielded insights into its innate immunity and neuro-regenerative capabilities. Transcriptome sequencing and annotation identified 21 innexin proteins that form heteromeric gap junctions to guide neuron-to-neuron signaling and connection during development. These data also identified novel peptides with innate immune capacity. These findings are reported in the following publications: a. Kandarian B, Sethi J, Wu A, Baker M, Yazdani N, Kym E, Sanchez A, Edsall L, Gaasterland T, Macagno E. The medicinal leech genome encodes 21 innexin genes: different combinations are expressed by identified central neurons. Dev Genes Evol. (2012) 222(1):29-44. PMID: 22358128. b. Meriaux C, Arafah K, Tasiemski A, Wisztorski M, Bruand J, Boidin-Wichlacz C, Desmons A, Debois D, Laprévote O, Brunelle A, Gaasterland T, Macagno E, Fournier I, Salzet M. Multiple changes in peptide and lipid expression associated with regeneration in the nervous system of the medicinal leech. PLoS One. (2011) 6(4):e18359. PMID: 21526169; PMC3081291. c. Bruand J, Sistla S, Mériaux C, Dorrestein PC, Gaasterland T, Ghassemian M, Wisztorski M, Fournier I, Salzet M, Macagno E, Bafna V. Automated querying and identification of novel peptides using MALDI mass spectrometric imaging. J Proteome Res. (2011) 10(4):1915-28. PMID: 21332220; PMC4845900. d. Macagno ER, Gaasterland T, Edsall L, Bafna V, Soares MB, Scheetz T, Casavant T, Da Silva C, Wincker P, Tasiemski A, Salzet M. Construction of a medicinal leech transcriptome database and its application to the identification of leech homologs of neural and innate immune genes. BMC Genomics. (2010) 11:407. PMID: 20579359; PMC2996935.
6. My work in genomics of glaucoma has been conducted as part of an international consortium, NEIGHBOR, under NEI funding for integrated analysis of exome data from patients with disease in the context of general populations. Genetic studies have revealed genes associated with disease and pointed to new molecular targets for therapy and prediction of risk and progression, reflected in the following publications:
a. Bailey JN, Loomis SJ, [and 76 authors], Wiggs JL. Genome-wide association analysis identifies TXNRD2, ATXN2 and FOXC1 as susceptibility loci for primary open-angle glaucoma. Nat Genet. (2016) 48(2):189-94. PMID: 26752265; PMC4731307. b. Springelkamp H, Mishra A, [and 55 authors], Hammond CJ. Meta-analysis of Genome-Wide Association Studies Identifies Novel Loci Associated With Optic Disc Morphology. Genet Epidemiol. (2015) 39(3):207-16. PMID: 25631615; PMC4480365. c. Liu Y, Garrett ME, [and 30 authors], Hauser MA. DNA copy number variants of known glaucoma genes in relation to primary open-angle glaucoma. Invest Ophthalmol Vis Sci. (2014) 55(12):8251-8. PMID: 25414181; PMC4271633. d. Loomis SJ, Kang JH, [and 31 authors], Wiggs JL. Association of CAV1/CAV2 genomic variants with primary open-angle glaucoma overall and by gender and pattern of visual field loss. Ophthalmology. (2014) 121(2):508-16. PMID: 24572674 e. Kang JH, Loomis SJ, [and 33 authors], Pasquale LR. Vascular tone pathway polymorphisms in relation to primary open-angle glaucoma. Eye (Lond). (2014) 28(6):662-71. PMID: 24603425 f. Pasquale LR, Loomis SJ, [and 32 authors], Wiggs JL. Estrogen pathway polymorphisms in relation to POAG: an analysis accounting for gender from the United States. Mol Vis. 2013 PMID: 23869166 g. Wiggs JL, Hauser MA, [and 34 authors], Haines JL. The NEIGHBOR Consortium Primary Open-Angle Glaucoma Genome-wide Association Study: Rationale, Study Design, and Clinical Variables. J Glaucoma. (2012) Jul 23. PMID: 22828004 h. Wiggs JL, Yaspan BL, [and 47 authors], Haines JL. Common variants at 9p21 and 8q22 are associated with increased susceptibility to optic nerve degeneration in glaucoma. PLoS Genet. (2012) 8(4):e1002654. PMID: 22570617
7. Application of my genome analysis methods beyond glaucoma has yielded insight into genetic risk for iron overload disease, retinal degeneration, and ataxia reflected in the following publications:
a. Dickey AS, Pineda VV, [and 20 authors], La Spada AR. PPAR-δ is repressed in Huntington's disease, is required for normal neuronal function and can be targeted therapeutically. Nat Med. (2016) 22(1):37-45. PMID: 26642438; PMCID: PMC4752002. b. Dubinsky AN, Dastidar SG, Hsu CL, Zahra R, Djakovic SN, Duarte S, Esau CC, Spencer B, Ashe TD, Fischer KM, MacKenna DA, Sopher BL, Masliah E, Gaasterland T, Chau BN, Pereira de Almeida L, Morrison BE, La Spada AR. Let-7 coordinately suppresses components of the amino
28 August 1, 2016 Item 05
acid sensing pathway to repress mTORC1 and induce autophagy. Cell Metab. (2014) 20(4):626-38. PMID: 25295787. c. Lee PL, Gaasterland T, Barton JC. Mild iron overload in an African American man with SLC40A1 D270V. Acta Haematol. (2012) 128(1):28-32. PMID: 22584997 d. Duncan J, Roorda A, Navani M, Vishwevaraiah S, Syed R, Sourdy S, Ratnam K, Gudiseva H, Lee P, Gaasterland T, Ayyagari R. Identification of a Novel Mutation in the CDHR1 Gene in a Family With Recessive Retinal Degeneration. Arch. Ophthalmology. (2012) 130(10). PMID:23044944. e. Sopher BL, Ladd PD, Pineda VV, Libby RT, Sunkin SM, Hurley JB, Thienes CP, Gaasterland T, Filippova GN, La Spada AR. CTCF regulates ataxin-7 expression through promotion of an antisense noncoding RNA. Neuron. (2011) 70(6):1071-84. PMID: 21689595
D. Research Support Ongoing Research Support
NIH 1R01-EY022306 Gaasterland (PI) 04/1/2012 – 03/31/2017 Project Title: Genomes in Eye Disease: Methods to Query Variants Across Multiple Genome-wide datasets Design and build an integrated reference dataset (IR) of patient DNA sequence data to use as controls in disease study. The IR will be used to refine studies of DNA variation in glaucoma patients. Role: PI
NIH 1R21-ES024105 Gaasterland (PI) 01/20/2014 – 01/19/2017 Project Title: Time Sensitive Collection and Analysis of a Marine-derived Toxic Event Collect, sequence and characterize environmental and laboratory samples of the dinoflagellate Lingulodinium polyedrum to evaluate gene expression and toxin production under bloom concentrations. Role: PI
NIH 5R01-EY021237 Ayyagari (PI) 09/01/2011 – 08/31/2016 Project Title: Molecular Basis of Hereditary Retinal Degenerations Sequence exons genome-wide in 20 patients afflicted with retinal degenerations. Variants will be analyzed to determine genes associated with retinal degeneration. Role: Co-PI
Completed Research Support NSF DBI-0852081 Macagno (PI) 04/15/09 - 03/31/13 Project Title: Bioinformatics Tools for the Analysis of the Spatiotemporal Organization of Protein Expression in Neural Functional Units Develop computational tools to support the study of the development and repair of nervous system development at the molecular level. Design, test, and implement new tools to analyze data obtained by mass spectrometry imaging applied to the mapping of peptides and proteins in biological tissues. Role: Co-PI
NIH 1RC2EY020678 Gaasterland (PI) 02/01/2010 - 01/31/2011 Project Title: Genome-Wide Targeted Gene Resequencing in Glaucoma Sequence exons genome-wide in 300-700 glaucoma cases and controls. Develop computational methods to apply GWAS to genome-wide exon sequence data. Identify and validate disease-associated genome variants. Role: PI
NSF: 0626678 Lin (PI) 10/01/2006 - 09/30/2010 Project Title: Dinoflagellate Full-Length cDNA Sequencing Sequence and annotate full length cDNAs from three species of Dinoflagellates, environmental and laboratory.
NSF 9984882 Gaasterland (PI) 01/15/2000 - 01/14/2005 Project Title: CAREER: Automated Annotation of Functional Pathways using Eukaryotic cDNA Sequence Data Develop methods to determine co-expressed genes in microarray and cDNA sequence data and compare upstream regions for common regulatory motifs, indicating participation in a common control pathway.
NSF 9810537 Gaasterland (PI) 09/01/1998 - 09/30/2000 Project Title: An Integrated Environment for Reasoning about regulatory Control elements in Microbial genomes Align and compare conserved elements in promoter sequences upstream of orthologous genes in closely related prokaryotic genomes.
29 August 1, 2016 Item 05 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Terry Sinnott, Deputy Mayor Dwight Worden, Councilmember Via Scott W. Huth, City Manager
DATE: August 1, 2016
SUBJECT: Update from Short Term Residential Rental Ad-Hoc Committee
REQUESTED ACTION/RECOMMENDATION:
Receive update from City Council Ad-Hoc Committee (Sinnott and Worden) regarding their efforts to date in developing a conceptual, progressive, regulatory framework for Short-Term Residential Rentals.
DISCUSSION/ANALYSIS:
On June 20, 2016, the City Council charged an ad-hoc subcommittee, composed of Deputy Mayor Sinnott and Councilmember Worden, with studying and making recommendations on conceptual regulation framework for Short Term Residential (STR) rentals, should the City Council ultimately pursue an "allow but regulate" approach. The ad-hoc subcommittee has identified a tiered, progressive approach as the best regulatory approach, and has prepared a conceptual and preliminary PowerPoint presentation (Attachment A) of how such a program might work. It is presented at this early conceptual level for City Council and public input on the approach. It is anticipated that the ad-hoc subcommittee will take any City Council direction and then move to the next step -- beginning to flesh out the tiered regulatory approach. A second update to City Council and the public is expected for September. FISCAL IMPACT: A fiscal impact cannot be determined at this time.
ENVIRONMENTAL IMPACT:
The subject of this report is not, in and of itself, a project, as defined under the California Environmental Quality Act (CEQA). ______City Council Action:
1 August 1, 2016 Item 06 City Council Staff Report Update from STR Ad-Hoc Subcommittee August 1, 2016 Page 2 of 2
ATTACHMENTS:
Attachment A – PowerPoint Presentation Attachment B – Worden Email and Position Paper
2 August 1, 2016 Item 06 DEL MAR
Short Term Rentals:
Conceptual Design For Progressive Regulation
August 1, 2016
Terry Sinnott Dwight Worden
1 3 August 1, 2016 Item 06 Background DEL MAR
• Council charged a subcommittee of Sinnott and Worden on June 20th.
• To study and make recommendations on what regulations might look like if the City determines to address STRs with an "allow but regulate" approach.
• This subcommittee has identified a tiered approach as the best regulatory approach.
• What follows is a conceptual and preliminary presentation of how such a program might work. It is presented at this early conceptual level for Council and public input on the approach.
• It is anticipated that the subcommittee will take any Council direction and then move to the next step--beginning to flesh out the tiered regulatory approach. A second update to council and the public is expected for September.
2 4 August 1, 2016 Item 06 DEL MAR
“We can’t find the same Del Mar in-home Tenants Landlords “I have a right to experience rent my property!” in hotels!”
“Short term renters “STRs are good for the Rental Neighbors are ruining the Del Mar economy!” Agents neighborhood!”
3 5 August 1, 2016 Item 06 DEL MAR Problem:
1. STRs are disrupting neighborhoods by their bad behavior; resulting in nuisance, noise, parking and trash impacts on neighbors.
Cause: a. There is no economic benefit to behave as a good neighbor. b. Even if they behave badly, there is no enforcement.
Solutions: a. Make people aware of good neighbor behavior and what is expected. b. Tie permits for STRs to good behavior of tenants (lack of complaints). c. Require financial penalties for landlords and tenants for bad behavior. 4 6 August 1, 2016 Item 06 DEL MAR Problem:
2. The number of STRs and frequency of STRs in neighborhoods are changing the fabric of residential neighborhoods from solely residential to visitor-serving.
Cause: a. Although Zoning Code does not permit STRs, historically they have existed in Del Mar. b. Technology has encouraged a substantial increase in demand for short term rentals, changing what has traditionally been long term residential housing.
Solutions: a. Limit or spread out the number of STRs permitted in each zone. b. Limit the frequency of STRs permitted in each zone. c. Enforce the regulations by stiff penalties.
5 7 August 1, 2016 Item 06 DEL MAR Problem:
3. The City does not know the extent of STR disruption to neighborhoods. Anecdotal feedback is the City’s primary basis upon which to make regulatory decisions.
Cause: a. The City does not collect data or currently require permits for Short Term Rentals. b. The City’s code enforcement is complaint driven. If there are no complaints, the City is not aware of the Short Term Rental activity.
Solutions: a. Permit the Short Term Rentals in the City and collect data on number and frequency of activity. b. Provide easy process for complaints to be recorded.
6 8 August 1, 2016 Item 06 Goals for STR “Allow But Regulate” Plan DEL MAR
A successful plan would: 1. Ensure Community Plan consistency
2. Control adverse spillover impacts
3. Protect our housing stock, especially affordable housing
4. Have a viable enforcement and administration process
5. Be cost-neutral to the City
6. Accommodate both professional and DIY occasional renters
7. Be uniform throughout town
8. Have Coastal Act compliance 7 9 August 1, 2016 Item 06 Goals for STR “Allow But Regulate” Plan DEL MAR
A successful plan would:
9. Have fair and equitable means to abate non-compliance STRs
10. Ensure all STRs are good neighbor
11. Ensure responsibility on part of owners
12. Be implemented through workable permitting program
13. Provide economic equity with hotels
14. Accommodate legal non-conforming rights
15. Encourage active participation by owners, renters and industry.
8 10 August 1, 2016 Item 06 Incremental Regulation Concept DEL MAR
High
Amount of Regulation / Restrictions
The amount of regulation increases until goals are met.
Low
Phase 1 Phase 2 Phase 3 Phase 4
9 11 August 1, 2016 Item 06 Incremental Regulation Concept DEL MAR
High Regulations:
Restrictions
Duration of Stay
Public Outreach
Permitting / Fees
Enforcement
Zoning / Ordinances
Low
Minimum Regulation / Regulation / Full Regulation / Full Regulation / Some Monitoring Close Monitoring Close Monitoring Complete Ban
10 12 August 1, 2016 Item 06 DEL MAR
Critical Success Indicator …. used to determine if you need more regulation.
1. Good Neighbor # of complaints per quarter
2. Fabric of Community # of STRs per zone / area This reflects the desired state… Community Plan. 3. City Lack of Data % of STRs with permits
13 August 1, 2016 Item 06 DEL MAR Caution:
We have presented example numbers throughout this presentation
to help start discussion. We recognize that in each case the numbers
require thought, discussion and consideration of a variety of factors,
especially the performance criteria being used to define success.
Overall, the goal is to set these numbers at a level, to be
determined, that will foster meeting the program's goals.
14 August 1, 2016 Item 06 Pilot Program Example DEL MAR Phase 1 Stay Permits / Fees
• STR operators must apply for annual Ordinance / Restrictions permit. Zoning • Duration: 2* night • Low cost of permit minimum $X*. • Frequency: 52* stays • Provide rental data: • No limitations on per year maximum current or future # bedrooms • Stays per month: 4* • Pilot program STRs. # parking spaces • Interim regulation • 2* occupants per Insurance • No zoning change bedroom + 2*. • Ordinance change to • 24 hour owner / agent require permitting on call to respond to Public and fines. neighbor concerns. Enforcement Outreach • X* # parking spaces per bedroom • City investigates • Voluntary Good complaints only. Neighbor Policy by • STRs receiving > 5* Landlord Association. complaints per year are • Tenants asked to sign denied permit renewals. Critical Success Indicator rules for good • STRs without permits neighbors: are fined. • If total complaints from neighbors • Complaints verified by Noise exceeds 20* per quarter….. City staff.
Occupancy • Due process. Trash • Hot-line for complaints. Parking • Internet and yard sign go to Phase 2 Nuisance monitoring.
* For illustration15 purposes only. Numbers to be set later. August 1, 2016 Item 06 Pilot Program Example DEL MAR Phase 2 Stay Permits / Fees
• STR operators must apply for annual permit. Ordinance / Restrictions • Cost of permit = admin. • Duration: 6* night Zoning cost recovery minimum • Provide rental data: • Frequency: 26* stays # bedrooms • No STR shorter than 7* per year maximum days. # parking spaces • Stays per month: 2* • 2* occupants per Insurance • Pilot program bedroom + 2*. # days renting / • Interim regulation • 24 hour owner / agent year • No zoning change on call to respond to • Ordinance change to neighbor concerns. require permitting and Enforcement • 1* parking stall per Public fines. bedroom Outreach • Rental officer added to No off-street parking • staff. • City is pro-active. • Mandatory Good • STRs receiving > 5* Neighbor Policy by complaints per year are Critical Success Indicator denied permit renewals. Landlord Association. • Tenants must sign rules • STRs without permits are fined $1,000*. • If total complaints from neighbors for good neighbors: exceeds 15* per quarter….. Noise • Complaints verified by City staff. • Number of STRs per zone > ??* Occupancy • Due process. Comrcl <40%* Trash • Hot-line for complaints. RC < 20%* Parking • STR compliance checklist. Residential <10%* Nuisance • Internet and yard sign monitoring. go to Phase 3 * For illustration16 purposes only. Numbers to be set later. August 1, 2016 Item 06 Pilot Program Example DEL MAR Phase 3 Stay Permits / Fees • STR operators must apply for annual permit. • Cost of permit = admin. Ordinance / Restrictions • Duration: 13* night cost recovery Zoning minimum • Provide rental data: • No STR shorter than • Frequency: 26* stays # bedrooms 30*days – OFF SEASON per year maximum # parking spaces • No STR shorter than 7* • Stays per month: 2* Insurance days – ON SEASON. # days renting / • Pilot program • 2* occupants per year • Interim regulation bedroom + 2*. • Security deposit • No zoning change • 24 hour owner / agent $1,000*. • Ordinance change to on call to respond to require permitting and Enforcement neighbor concerns. Public fines. • 1* parking stall per Outreach • Rental officer added to bedroom staff. • No off-street parking • City is pro-active. • Mandatory Good • STRs receiving > 5* Neighbor Policy by complaints per year are Critical Success Indicator Landlord Association. denied permit renewals.
• Tenants must sign rules • STRs without permits are • If total complaints from neighbors for good neighbors: fined $1,500*. exceeds 10* per quarter….. Noise • Complaints verified by City staff. • Number of STRs per zone > ??* Occupancy • Due process. Comrcl <40%* Trash • Hot-line for complaints. RC < 20%* Parking • STR compliance checklist. Residential <10%* Nuisance • Internet and yard sign monitoring. go to Phase 4 * For illustration17 purposes only. Numbers to be set later. August 1, 2016 Item 06 Pilot Program Example DEL MAR Phase 4 Stay Permits / Fees
Ordinance / Restrictions • Duration: 29* night Zoning minimum • Frequency: 12* stays • No STRs shorter than per year maximum 30* days. • Stays per month: 1* Long Term Rentals: • Ordinance change to • 2* occupants per ban STRs. bedroom + 2*. • Zoning changes to • 24 hour owner / agent update restrictions. Public on call to respond to Enforcement neighbor concerns. Outreach • 1* parking stall per bedroom • Rental officer added to staff. • City is pro-active. Critical Success Indicator • Complaints verified by • Ban on STR < 30 days City staff. • Total hot line complaints from neighbors • Due process. less than 5* per quarter….. • STRs are fined $2,000*. • Number of STRs per zone > ??* • Hot-line for complaints. Comrcl <40%* • Internet and yard sign RC < 20%* monitoring. Residential <10%*
* For illustration18 purposes only. Numbers to be set later. August 1, 2016 Item 06 DEL MAR Next Steps:
1. City Council to provide any input / concerns, and approve the concept of progressive regulation.
2. Council ad-hoc subcommittee to reach out to key stakeholders: • STR owners • STR agents • Neighbors of STRs
3. Ad-hoc subcommittee to come back to City Council in Fall with proposed regulations for pilot program
4. Staff to draft ordinance to continue temporary moratorium.
17 19 August 1, 2016 Item 06 ATTACHMENT B
M Ëmail Dwight Worden
More on STRs from Dwight 1 message
DwightWo Sat, Jul 23,2016 at 3:26 PM To: ïerry Sin
Terry:
ln my prior comments I forgot to comment on your suggestion of including my Community Plan/Zoning Report in the packet as backup for our report. I do think that is a good idea, so let's include it. A copy is attached in PDF for convenience.
I would also like to include a short note from me along the following lines to make clear what my role is should someone pick up our work and wonder what my involvement is:
Note from Dwight Worden:
I am personatty af the opinion fhaf SIRs are not altowed under Del Mals Community Plan and zoning in the City's residential zones, but that they are atlowed in the Visitor Commercial, Professional Commercial, Notth Commercial, and Residentiat Commercial zones. Attached is my detailed report on why this conclusion is compelled by the Community Ptan and zoning code. tt is my view that the City is besf seryed by adhering to and enforcing this position.
Without compromising my position, and at council request, t have agreed to work with Councilman Sinnott to draft a set of regulations that could be used as an altemate approach allowing SIRs ln some or all residential zones. Ultimately, my hope is to be abte to present council and the community with two well fleshed out options: (1) stand our ground that SIRs are not allowed in the residential zones; and (2) altow well-regulated SIRs rn some or all residential zones, along with the other zones noted above where SIRs are already permissible. Presented with these two options, and understanding their imptications, including how the options would be administered and enforced, will allow the community and councilfo besf decide what is best for Del Mar. -Dwight Worden
Best,
Dwight
Dwights position paper on STRS and community plan and zoning.pdf æ 486K
20 August 1, 2016 Item 06 ATTACHMENT B
Analysis of Community Plan and Zoning Provisions That Apply to Short Term Rentals Dwight Worden July 2, 2016
Introduction and Summary The topic of Short Term Rentals (“STRs”)1 is currently before the Council and community for potential regulation. In this paper I will examine the key foundational issue: are STRs allowed in Del Mar’s residential areas by the Del Mar Community Plan and Zoning Code? My conclusion is they are not. If Del Mar determines that allowing STRs in residential areas is desirable, then Community Plan and Zoning Code Amendments are required to change the current rules.
The Community Plan: Background The Del Mar Community Plan was developed through the painstaking effort of countless citizens, committees, and city staff starting in September 1973 and culminating in voter adoption of a final Community Plan in 1976. The City Council initially adopted the Plan in May 1975 after nearly two years of work. That Plan was then rescinded by the City Council on July 21, 1975, when it faced a qualified referendum. The controversial elements of that Community Plan were identified and segregated and subjected to an advisory plebiscite vote conducted by mailed ballot in November 1975. Nearly 2/3rds of the qualified Del Mar voters participated in the plebiscite. The Planning Commission and City Council then revised the Community Plan to reflect the results of the plebiscite. Finally, the Community Plan, as revised, was adopted by the voters at the polls on March 2, 1976.
Over the nearly 3 years that the Community Plan was in process, detailed studies were made of every aspect of the community. These studies formed the factual basis to guide the development of the Plan’s policies. Following are historical parts of the Plan that relate to STRs.
Original Beach Area Restrictions. The modern STR phenomenon fueled by on-line services such as Airbnb and VRBO is taking place mainly (but not exclusively) in the beach area of Del Mar, and both pre- Community Plan land use restrictions and the Community Plan itself provide useful context regarding STRs and other transient uses in the beach area.
In discussing Del Mar’s history, the Community Plan notes that the original land use restrictions in the beach area imposed by the South Coast Land Company in the early 1900s when this area was first developed allowed only single family home uses, and expressly prohibited “…apartments, flats, duplexes, hotels, lodging houses [or] stores.” 2 Thus, from the beginning, transient and business type
1 While there is no code definition of “Short Term Rental,” the Del Mar code distinguishes between rentals for fewer than 30 days and those for more than 30 days [DMMC Section 3.12.030 definition of “Transient”], and 30 days seems to be a generally accepted break point for distinguishing short term from long term rentals. 2 Community Plan page 7.
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21 August 1, 2016 Item 06 ATTACHMENT B
uses were prohibited.3 This early reference in the Del Mar Community Plan dispels any inference that short term rentals were always allowed or contemplated in the beach colony.
The Community Plan Documents Transient Uses In the Beach Area but Not Short Term Rental Use. Those working on the Community Plan in the 1970s studied in detail all aspects of the community as it then existed, and described them in detail in the Plan. Evidently, STRs, if they existed at all4, were not significant enough to warrant describing or addressing in the Plan. My own work on the Plan during the 1970s confirms this conclusion—STRs were not, to my knowledge, a topic discussed. The Plan does describe in considerable detail the existence of transient uses in the beach area related to those visiting for the racing season and owners occupying their second homes in the summer. It also documents substantial off-season use by students and moderate income families:
A comparatively large percentage of transient housing is available within this [North Beach] planning area. During the year much of this transient housing changes from occupancy by students and moderate income families in off-season months to wealthy tourists (often affiliated with the race track) or the property owners themselves during the summer.5
This seems to confirm anecdotal reports that, to the extent rentals were occurring in the beach area in the 1970s, they were longer term than today’s typical STRs: they were mainly students renting for the off-season months coinciding with the school year, or summer visitors coming for the multi-week race season. Or, they were seasonal resident owners who stayed at their own properties in the beach area during the summer. There is no indication in the Community Plan that STRs as we know them today were occurring in the beach area.
The Community Plan also sets out goals to preserve the beach area’s character:
The Land west of Camino Del Mar between 29th Street and the mouth of the San Dieguito River is proposed as low density Residential in order to preserve the existing character and discourage major intensification of development.
South of 29th Street, medium density single family and duplex usage is recommended… thereby preserving the present character and discouraging redevelopment to higher density more expensive housing and encouraging the maintenance of existing residential development.6
Because STRs are not documented as an existing part of the beach area’s character as it existed in the 1970s, and because of their high potential to change that character, it is hard to reconcile STRs as consistent with the Community Plan and its goal to preserve the beach area’s character. Rather, STRs as we see them today are best described as a new and different ultra-transient use that, as discussed
3 These restrictions were eventually repealed in the mid-1930s and County zoning then governed until the City of Del Mar incorporated in 1959. 4 There is much anecdotal support for the proposition that rentals have occurred in the beach area in the summer and racing months for many years. There is little, if any, documentation or anecdotal evidence that these rentals were short term like present day STRs, with turnover as often as every 2-3 days; rather, they were often longer term or for the race season. 5 Community Plan, Community Development Element p.7. 6 Community Plan, Community Development Element p. 14
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22 August 1, 2016 Item 06 ATTACHMENT B
below, are inconsistent with the Community Plan’s goals for the beach area and other residential districts of Del Mar.
The Community Plan And Zoning Code Are Permissive. Uses Not Expressly Allowed Are Disallowed. The Community Plan and the city Zoning Code (like most such plans and codes in California) are “permissive”, meaning they describe what is allowed, and uses not expressly permitted are disallowed. If STRs are not expressly allowed by the Community Plan and Zoning Code in residential areas, they are not allowed. There does not need to be language expressly disallowing them.
The Community Plan, STRs, and Residential Districts. The task of this paper is to read the Community Plan and its implementing zoning as a whole to determine if there is language that can be reasonably construed as allowing STRs in residential areas, including, but not limited to, the beach area. The areas designated as residential in the Plan are set out by districts. The Plan describes the existing character of each district and then sets the type and density of housing for each district. Depending on the district, either single, duplex, or multi-unit dwellings are allowed. In all cases the then-existing special residential character of Del Mar is identified as important, as worthy of preservation, and as a guidepost to direct future development.
I have reviewed the entire Community Plan, cover to cover, including all amendments. My conclusion is that the best interpretation is that STRS are not consistent with the Plan’s provisions and goals governing Del Mar’s residential areas, but that they are consistent with the Visitor Commercial and most other commercial areas. What follows is my review of key Plan and zoning provisions.
The Community Plan’s Overall Goal. The overall goal of the Community Plan is set out at page 20 as follows:
OVERALL GOAL: PRESERVE AND ENHANCE THE SPECIAL RESIDENTIAL CHARACTER OF DEL MAR, THE ELEMENTS OF WHICH ARE A VILLAGE-LIKE COMMUNITY OF SUBSTANTIALLY SINGLE FAMILY RESIDEINTIAL CHARACTER, A PICTURESQUE AND RUGGED SITE, AND A BEAUTIFUL BEACH.
Central to the identified “special residential character” to be protected is Del Mar’s “single family residential character.” Single family residential use is not the same as short term rental use. This seems to have been apparent to the Community Plan drafters who restricted transient visitor uses to the Visitor Commercial and most other commercial zones. This intended segregation of uses by the Community Plan becomes even clearer on review of the Community Plan’s implementing zoning.
City Zoning. The city Zoning Code states it is adopted to implement the Community Plan7. As such it is our best tool to interpret the Community Plan. The Zoning Code has detailed definitions of terms that,
7 Del Mar Municipal Code Section 30.01.010.
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read together, pretty clearly do not allow transient short term rental uses in areas reserved for residential uses.
The Code defines “single family dwelling” as:
Section 30.04.010 L. Dwelling, One Family. A detached building used exclusively for occupancy by one family (including their guests, servants, and employees) and containing one dwelling unit.
This definition expressly limits occupancy to “one family” and their “guests, servants and employees.” STRs cater to ultra-transient uses with turnover as frequent as every few days. A typical STR, over the course of a single month, might be occupied by 4-10 different groups of people, with multiple families and unrelated groups (e.g., a bachelorette party) occupying the rental unit over the course of that single month.
The kind of occupancy that is consistent with the goals of the Community Plan is long term family occupancy by residents who can integrate into the community in a way consistent with preserving the identified “special residential character”, not STRs used by transient visitors.
This distinction between residents and transient visitors is underscored by the Code’s definition of “dwelling”8:
30.04.010 J. Dwelling. A building or portion thereof used exclusively for residential purposes, including one family, two-family, and multiple dwellings, but not including hotels, boardinghouses, lodginghouses, and all forms of vehicles including immobilized vehicles.
This definition distinguishes, as does the Community Plan, between buildings used for residential purposes and those used for transient or visitor purposes, including hotels and lodginghouses. Short term rentals are indistinguishable in many respects from hotels or lodginghouses, since they all provide lodging for compensation. Just as no one would consider a person staying in a hotel for three days to be a “resident” of Del Mar, persons staying in an STR for three days are not “residents,” and these uses are not for “residential purposes” within the meaning of the Code definitions.
The Code sets forth the following definitions which appear to apply much better to what modern STRs actually are than the residential definitions above:
Section 30.04.010 E. Boardinghouse or Lodginghouse. A building where lodging and meals are provided for compensation, but not including rest homes.
Q. Apartment Hotel. A building or portion thereof designed for or containing both individual guest rooms, and suites of rooms, and dwelling units.
D. Hotel. A building or group of buildings in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite….
8 “Dwelling Unit” is similarly defined in 30.04.010 N.
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E. Motel or Tourist Court. A group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients, including auto courts and motor lodges.
STRs pretty closely meet one or more of these categories: “Boardinghouse” because they provide lodging and kitchen access for compensation; “Apartment Hotel” because individual guest rooms or suites of rooms are provided; or Motel or Tourist Court” units. And the definition of “Hotel” expressly applies to any short term rental property with 6 or more guest rooms, so long as kitchen facilities are separate from the individual guest rooms or suites9.
Reviewing all these definitions together leads to the conclusion that STRs are significantly different from allowed uses in the residential areas, and are substantially similar to the transient uses such as hotels, motels, lodginghouses, boardinghouses, and apartment hotels which are disallowed.
STRs Are Businesses Not Allowed In Residential Districts. Short Term Rentals can also be distinguished as not allowed in residential areas by review of the definitions of “business” and of the kinds of “businesses” allowed in residential zones.
The Code defines “Business” as:
Section 30.04.010 N. Business. The purchase, sale, lease, rent or other transaction involving the handling or disposition of any article, service, substance or commodity for livelihood or profit; or the management of office buildings, offices, recreational or amusement enterprises, or the maintenance or use of office, structures, and premises by professions and trades rendering services.
This definition includes renting for livelihood or profit. This is at the heart of what STRs do. They are rental businesses.
The Zoning Code provides that the only types of “business” allowed in residential zones are “home occupations” which are incidental to the primary residential use of the property, conducted by a family member residing in the main building, and with significant restrictions designed to strictly limit the potential impact on the residential character of the neighborhood. Specifically, “home occupation” is defined as follows:
Section 30.04.010 C. Home Occupation. An occupation or business conducted entirely within the main building by a member of a family residing therein, conducted as an incidental use to the primary residential use thereof, and in which there is no sign used; no display; no stock in trade
9 It is noted in this regard that any STR with more than 6 guest rooms is a “hotel” under Section 30.040.010 but that an STR with 3 or more rooms is a “Hotel” and should be paying transient occupancy (TOT) tax pursuant to Section 30.12.030 definition of “Hotel.”
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or commodity stored, rented or sold upon the premises; no person employed other than the member of the resident family; no deliveries made or other pedestrian or vehicular traffic generated; no mechanical equipment used or kept on the premises except those customarily found in the home; no commercial vehicle used or kept on the premises in connection with such home occupation or business.
The limitations are significant: no sign can be displayed; no person can be employed other than the resident family member conducting the home occupation; no deliveries can be made; no pedestrian or vehicular traffic can be generated; no “stock in trade” (“the equipment, merchandise, or materials necessary to or used in a trade or business”) can be stored on the premises
STRs cannot qualify as a “home occupation” for many reasons, even if signs marking or advertising the rental are not displayed. They generate both pedestrian and vehicular traffic, from guests as well as from personnel who perform management, housekeeping, maintenance or repair work for the STR. In many cases, the person operating the STR lives off-site, and is not a member of the “resident family,” nor is the rental business “incidental” to the primary residential purpose of the property. Often, more than one person is employed to perform services to operate the STR. Supplies needed for the STR operation are delivered to the property, and are stored on the premises.
Allowed “home occupations” would include, for example, a university professor who grades papers at home, a writer with a home office working on novels, and similar activities conducted in one’s home where there are no employees, no traffic, no deliveries, etc. All these other types of activities are prohibited to prevent the possibility of neighborhood impacts and to prevent any onsite activity that might be inconsistent with preserving the special residential character of these areas.
To say that a CPA living in his/her home cannot work at home with a part time secretary but that such a home owner can rent out his/her home for STR profit, can advertise online, in the papers, and with yard signs, can have regular cleaning and prep crews visit before and after each short term stay, can engage a professional property manager, can vacate the premises him or herself and turn it over to full time STRs, can bring more people and more cars to the area, and can bring all the other neighborhood impacts inherent in short term renting, is to defy logic and to ignore the clear language of the code. STRs do not qualify as “home occupations” and, accordingly, are business operations that are not allowed in residential areas.
The best reading of the Community Plan, using these Zoning Code definitions to interpret the Plan, leads to the conclusion that STRS are not a permitted use in residential zones, but they are permitted in the Visitor Commercial and some other commercial zones.
The Specific Zoning Designations.
I have also gone through the entire zoning code, cover to cover. Certain patterns become apparent. For example, in all of the primary residential zones, R1-40, R-1-14, R-1-10, R-1-10B, R-1-5, R-1-5B, the
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statement of “purpose” is identical, varying only as to density. By way of example, the statement of purpose for the R-1-40 zone reads as follows: Purpose. The R1-40, Zone is designed to provide for an area of one-family residential development at a density level consistent with the City Community Plan. The standards of the zone are intended to preserve an open and uncrowded character and protect the unique residential environment of Del Mar. The standards are intended to promote and protect those special amenities associated with a district of single-family homes. Factors of topography and environmental sensitivities, the character of existing, low-density residential areas, and the need to identify Del Mar as a distinct and separate community shall be taken into account in administering the standards contained herein.
Consistent with the Community Plan, this statement of purpose for the city’s primary residential zoning districts emphasizes that as expressed in the R-1-40 example above, these residential zones are for one family residential development, and are intended to protect the “…amenities associated with a district of single family homes…” Other residential zones have similar language, but with differing densities, such as those allowing duplexes. Across all of these primary residential zones, the intended purpose is the same, with criteria that are not descriptive of STRs.
A second pattern across all these residential zones is that the “use” allowed is based around “A one family dwelling on each building site.” A home may be built as a one family dwelling but when it is converted to STR use, in my opinion, it loses that character and contributes to unauthorized changes in neighborhood character, by intensifying the use both in terms of the number of people who typically use the property at any given time, and by the negative impacts associated with frequent turnover.
A third pattern we see in the Code is that a second dwelling unit, where allowed, may be rented but may not be sold. The length of required stay for such rental is not expressly specified. The rules of statutory interpretation for resolving ambiguities like this are:
1. First, discern and implement the clear meaning of the language if possible. 2. Second, if ambiguity exists, determine the purpose and intent behind the language, and interpret any ambiguities, if reasonably possible, consistently with the discerned intent.
Here, there is ambiguity as to the length of stay allowed for rental of an allowed on-site second dwelling unit because no term is expressed. Reading the Community Plan and zoning as outlined above, it seems clear to me that this ambiguity is best resolved by concluding that the allowed rental term must be long term and cannot be short term. Long term rentals have much in common with single family use and occupancy. Long term occupancy contributes to, and is part of, the fabric of the special residential character identified as so important. STRs are not part of this fabric.
Long term rental of a second dwelling unit can serve affordable housing goals, provide security and support for seniors who want to stay in their homes, and can add to the diversity of our community and enrich the corps of residents who volunteer to help maintain Del Mar’s special community character. Long term renters are neighbors and residents, not visitors. STRs change all of that by bringing a constant stream of ultra-transient visitors to a residential neighborhood. STRs also have many
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characteristics of disallowed businesses that residential occupancy does not. It is, in my view, unreasonable to interpret STRs as an allowed use in second dwelling units.
A fourth pattern in the Code is that the renting of one room to not more than one person is allowed as an accessory use of a residential use. Again, no length of stay is specified, but the most reasonable interpretation is that the renting must be for long term, not for STR-type ultra-transient use, which necessarily violates many of the restrictions set forth in the home occupation provision. In any event, the express limit to renting of “one room to one person” disqualifies all, or nearly all, STRs.
The multi-family zones in Del Mar [RM zones and R2] are worded somewhat differently but they still focus on allowing a one, two, or multiple family dwelling, depending on the zone, on each buildable site at the density prescribed by each zone. The allowed use remains residential in nature, and not compatible with STR transient business uses. These zones also use similar language to allow the renting of one room to not more than one person, [or the provision of table board], as an accessory use. Accessory living quarters are allowed for guests and servants but renting is expressly disallowed.
The most reasonable reading of these multi-family provisions is that they contemplate families occupying homes, either as owners or as long term tenants, at the density prescribed by each zone. The provisions of the multi-family zones allowing renting one room to one person would not cover STRs and the accessory living quarters expressly exclude renting. I see nothing in these multifamily zone provisions intended to allow STRs.
OTHER STR RELATED ISSUES OF NOTE
There are other important issues related to STRs that go beyond the subject of this paper. These related issues deserve brief mention.
Distinguishing the Occasional Rental from the Business of Renting. Some Del Mar homeowners occasionally rent their house, or a portion of it, for a few weeks per year, perhaps during race season, or while they take a vacation, visit relatives, or the like; they handle these occasional rentals themselves without professional management, and live in their home most of the year. This occasional rental activity can be distinguished from those whose rental activity is more intensive. The IRS draws the distinction at 15 days—those who rent their home for 15 days or fewer in a year do not have to report that rental income. They are considered not in the “business” of renting.10
It may be that this kind of occasional and very limited rental undertaken directly by the owner could be accommodated in Del Mar’s residential zones, with appropriate regulations and code amendments to ensure such occasional use is consistent with preserving the “special residential character” of Del Mar’s residential neighborhoods. If the owner or long term renter lives on site most of the year, the overall use of the property, arguably, contributes positively to preserving the fabric essential to maintaining
10 See, https://www.irs.gov/taxtopics/tc415.html. “There is a special rule if you use a dwelling unit as a personal residence and rent it for fewer than 15 days. In this case, do not report any of the rental income and do not deduct any expenses as rental expenses.” Page 8 of 12
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that “special residential character,” and appropriate regulations can ensure that the neighborhood is not negatively impacted from these occasional rentals.
Drawing this distinction and allowing occasional rentals by simple permit or perhaps by exemption from an otherwise general non-allowance of STRs in residential areas, could be a way to allow some STR use while at the same time protecting residential neighborhoods as called for by the Community Plan. This is an approach to managing STRs in Del Mar worthy of consideration, recognizing that its implementation would require code amendments and perhaps a Community Plan Amendment. This option is identified for further study.
Affordable Housing. The Community Plan has goals in support of diversity and affordable housing11. STRs in Del Mar likely have a negative effect on affordability and housing stock to the extent they convert lower priced long term rentals to more expensive and more profitable short term rental use. To the extent the high profitability of STRs encourages tear down and rebuilding or remodels, to maximize revenue potential, STRs also likely contribute to the degradation of community character as they convert some of Del Mar’s many older and smaller homes to larger buildings with maximum bedrooms for STR use.
The Community Plan explicitly identified use patterns that had a positive impact on affordable housing, with off-season rental opportunities for students and moderate income families. The economics of STRs shifts at least some of this “affordable housing” opportunity to more lucrative purposes that dramatically increase the price of the housing.
To really know the extent of the negative impact of STRs on housing stock would require data collection, but it seems evident that allowing STRs in residential areas can have this impact, except perhaps, where an owner or long term renter engages in only occasional STR rentals and lives in the home most of the year. In that circumstance the home is still being used for either owner occupancy or long term. And the economic motivation to tear down and rebuild or to remodel is less strong.
On the benefit side, STRs can offer a lower priced and different visitor opportunity than some hotels and motels. Research shows that Del Mar has 354 hotel/motel rooms with an average rental rate on the low end of $191, and without L’Auberge, an average low end rental rate of $159 per night. The average low end rental rate for STRs in the same areas is $127 per night (on a per-bedroom basis), lower but not dramatically so.
There Is No Shortage Of Areas Zoned For Short Term Transient Use. Del Mar already has a high ratio of hotel/motel rooms, both per square mile (200 rooms per square mile) and per capita (1 room for every 12 people in Del Mar) with no documented shortage. In addition, it is noted that one “dwelling unit” per property is an allowed accessory use in the Central Commercial, North Commercial, and Professional Commercial zones. Because they are in commercial districts appropriate for business activities, these dwelling units could be rented short term. With some restrictions, R-2 type dwellings are permitted in
11 See, e.g. Community Plan Community Development Element page 9-10 Goal D
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the Residential-Commercial zone,12 and these also could be rented short-term. Hotels and motels are allowed uses in the Central Commercial zone13, not just in the Visitor Commercial zone, providing even more opportunity for short term transient housing. Thus, there is considerable unused opportunity already in Del Mar’s Zone Code for STR usage.
If there were a shortage of visitor serving accommodations in Del Mar the argument that allowing STRs in the residential zones could help address the shortage might have merit. But, ample data demonstrate that Del Mar already has significant facilities for visitors, has adequate areas zoned for short term visitor accommodations and considerable untapped potential for additional STR usage. Del Mar does not need to, nor should it, allow the intrusion of STRs into residential areas.
The STR Experience. It is acknowledged that the experience of staying in an STR is different from the experience in a hotel or motel. STRs allow the transient visitors to cook on site and socialize in ways different from what is available in some hotels and motels. A hotel or motel experience may not be an appealing substitute for an STR stay to some people. However, the STR experience can be provided in the Visitor Commercial and other commercial zones, as discussed above. Additionally, Del Mar, in my view, has an obligation to provide a level playing field for hotels and motels by controlling unregulated competition from STRs. We can do this by adhering to the assignment of STR type uses only to the Visitor and other commercial zones, keeping them out of the residential zones, where hotels are not allowed, and by providing comparable regulations for STRs where they are allowed. And, there is considerable potential to provide homes (one per lot) in commercial zones that could be dedicated to STR use catering to those looking for a home, as opposed to a hotel or motel, experience.
Enforcement. The city attorney has advised that enforcement of the current code rules not allowing STRs in residential zones might be difficult due to ambiguities in the code. The city attorney has also opined that enforcement is made more difficult due to a long history of non-enforcement. The city attorney has also confirmed, however, that mere lack of enforcement does not create a right to an STR use. The mere long term continuance of an illegal use does not create any right to continue that use.
The current code has provisions for resolving ambiguities like those referenced by the city attorney. Invoking this established process would be a fair and easy way, through public hearing and stakeholder participation, to clear up any ambiguities that are impeding effective enforcement. The key code section states:
30.01.030 Determination of Allowable Use. A. A determination of whether a particular use is within the scope of permitted uses and allowable accessory uses in a particular zone shall constitute a "determination of allowable use." B. A person with an interest in real property located within a particular zone who intends to develop such real property with a use not expressly allowed in such zone shall be entitled to apply to the Planning Commission for a
12 The Del Mar zoning code allows one dwelling unit in the following commercial zones as an accessory use: DMMC Section 30.22.015(B) covering the Central Commercial Zone; Section 30.24.030(D) covering the North Commercial zone; 30.25.030(d) covering the Professional Commercial zone. See, section 30.21.030(A) allowing R-2 type dwellings in the RC zone. 13 See, DMMC section 30.22.040(A).
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determination of allowable use. C. Upon the making of the application and the payment of the fee set by resolution of the City Council, the Director shall cause a noticed public hearing to be conducted by the Planning Commission. D. After hearing, a written determination of allowable use rendered by the Planning Commission shall be final and thereafter control development within the particular zone unless an appeal is filed.
Would Discontinuance Of STRs In Residential Zones Require Amortization? The topic of amortizing STRs as part of an enforcement program has also been raised. In order to qualify for amortization rights the burden is on the applicant to establish legal non-conforming rights. Only then is amortization necessary so the owner can recoup his/her investment before the use is discontinued, to avoid a potential “taking” claim.
This is a tough hill to climb for STR operators, as the burden falls on the owner to prove non-conforming rights by proving all of the following:
(1) The STR use was lawfully established and had all necessary permits when it was instituted. To my knowledge there are no STRs in Del Mar’s residential zones that were lawfully established and permitted. (2) That the STR use has been continuously operated since that time without abandonment through non-use. By code if there is a 6 month or more discontinuance, non-conforming rights are deemed abandoned. (3) That there has been no expansion of the lawfully established non-conforming use. 14
The fact that most, if not all, Del Mar STRs cannot qualify for amortizable non-conforming rights does not necessarily mean that offering amortization is a bad idea. As a matter of policy Del Mar could decide to grant amortization periods to some or all illegal STRs. That is a topic worthy of consideration but that goes beyond the scope of this paper.
Coastal Commission Issues. As of this writing the Coastal Commission does not have any formal guidelines, regulations, or policies on STRs. At the Coastal Commission staff level concerns about limitations on STRs have been raised when some communities proposed Local Coastal Program (LCP) Amendments to restrict STRs, particularly where the Commission staff documented a shortage of existing short term transient accommodations in the areas proposed for STR restrictions. These staff concerns were raised in Carlsbad, Encinitas, Imperial Beach and elsewhere. Other communities have effectively banned or strictly limited STRs without Coastal Commission interference. Coastal communities with bans or restrictions include Coronado, Manhattan Beach, Santa Monica, Malibu and many others. In Del Mar’s case there is no shortage of short term transient occupancy opportunities, so it is not clear that the Commission’s staff concerns based on that issue would be raised in Del Mar.
More important, the Coastal Commission only has jurisdiction over a city’s STR policies when an LCP Amendment is needed or when the city adopts new local policies that violate its existing LCP. Del Mar has a certified LCP. It contains the Community Plan and Zoning Code. No LCP Amendment is needed to
14 See, DMMC sections 30.76.020 through 30.76.070 setting out the requirements for non-conforming use rights and Section 30.76.090 governing their loss through abandonment.
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enforce these provisions, or to use the “interpretation” process embedded therein to clear up ambiguities to facilitate enforcement. What Del Mar decides to do regarding STRs is primarily a local matter not subject to Coastal Commission review so long as Del Mar’s policies fall within the scope of Del Mar’s existing LCP. CONCLUSION
STRs are not currently allowed by the Del Mar Community Plan or Zoning Code in the city’s residential areas. They are restricted to the Visitor Commercial, Central Commercial, Professional Commercial, Residential Commercial and North Commercial zones. Research has shown that Del Mar already has ample areas designated in its zoning to accommodate short term transient visitors, has a large quantity of existing short term visitor accommodations in the Visitor Commercial Zone, and has considerable untapped potential to accommodate more STRs.
STRs can be accommodated in these non-residential areas without the conflict that is unavoidable when STRs are proposed in the City’s residential areas. The residential areas are protected by special provisions of the Community Plan and zoning that make STRs incompatible with residential areas, but do not apply in the non-residential areas.
If Del Mar determines that it is in the best interest of the community to allow STRs in residential areas under some type of regulatory program, Community Plan and Zoning Code amendments would be required. Significant goals set forth in the Community Plan regarding protection of the special residential character of Del Mar could be put at risk by such changes and they should not be undertaken lightly. Concerns about enforcement of the existing rules can be resolved by invoking the “interpretation” process set out in the current Zoning Code. The interpretation process is already authorized in the City’s current LCP.
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32 August 1, 2016 Item 06 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Mark Delin, Assistant City Manager Via Scott W. Huth, City Manager
DATE: August 1, 2016
SUBJECT: Second Reading of Resolution Calling for an Election and Ordering the Submission of an Ordinance Imposing a Transactions and Use Tax to be Administered by the State Board of Equalization to the Qualified Voters of the City, and Requesting that the Board of Supervisors of the County of San Diego Consolidate the Election with the General Election to be Held on November 8, 2016 and Election Services Be Provided by the San Diego County Elections Department and Setting the Ballot Language
REQUESTED ACTION:
Staff recommends that the City Council read the title and adopt the following resolution:
A resolution calling for an election and ordering the submission of an ordinance imposing a transactions and use tax to be administered by the State Board of Equalization to the Qualified Voters of the City, and requesting that the Board of Supervisors of the County of San Diego consolidate the election with the general election to be held on November 8, 2016, and election services be provided by the San Diego County Elections Department and setting the ballot language.
DISCUSSION/ANALYSIS:
In its meeting of July 18, 2016, Council received a presentation from True North Research, Inc., who Council had authorized staff to contract with for the purpose of determining public acceptance of a general services one-percent (1%) transactions and use tax to be imposed within the City of Del Mar. Results of the survey indicated that approximately 71 percent of Del Mar voters would support a one-percent transaction and use tax to support general City services and infrastructure needs, with a margin of error of 3.5 percent. As a general tax, only 50 percent plus one is required for passage.
Based upon the strongly positive results of the survey, Council considered the attached resolution which would present an ordinance to the voters for consideration in
______City Council Action:
1 August 1, 2016 Item 07 City Council Staff Report Transaction and Use Tax August 1, 2016 Page 2 of 3
November, and determined that the ballot language was appropriate as written. The resolution was adopted unanimously.
The resolution makes certain findings and calls for certain actions, such as:
• Calling for the election to submit a measure to the voters of the City that would adopt a general sales tax;
• Introducing the ordinance to be submitted to the voters, including the amount of the tax and the ballot language, and specifying that it is a general tax;
• Directing the City Attorney to prepare an impartial analysis;
• Identifying individuals to file written arguments in favor of the measure and authorizing those same persons to sign the arguments rebutting the arguments against the measure; and
• Requesting that the Board of Supervisors consolidate the general election for this measure with the municipal election on November 8, 2016; and authorizing the City Clerk to expend those funds necessary to place the measure on the ballot.
Council affirmed that the Mayor and Deputy Mayor be identified to file the written arguments, and that the Mayor would sign the arguments.
The State Elections Code Section 9051 limits the ballot language to 75 words. The proposed ballot language is contained in Section 3 (page 3) of the attached resolution and also contained below.
City of Del Mar
To provide funding for general city services and infrastructure projects, such as improvement of streets YES and sidewalks, utility undergrounding, public landscapes, improvement of community parks, trails and recreation facilities; police, crime prevention, fire protection and other public safety services, shall an ordinance that establishes an ongoing one-cent sales tax be adopted, providing an estimated 2 million dollars annually for the City of Del Mar, requiring citizen oversight and independent audits, and all NO funds controlled locally?
2 August 1, 2016 Item 07 City Council Staff Report Transaction and Use Tax August 1, 2016 Page 3 of 3
Next Steps
The City Attorney will prepare and file the Impartial Analysis with the Registrar of Voters by August 22, 2016. Arguments are due August 24, 2016, and the Registrar of Voters exchanges the arguments with opponents and proponents so that rebuttals can be prepared. Rebuttals must be submitted by September 1, 2016.
FISCAL IMPACT
Direct costs of a City of Del Mar sales tax measure, as estimated by the Registrar of Voters, is estimated to run $8,000 to $15,000 if consolidated with the November 8, 2016, election. If the sales tax measure passes, there are certain unknown charges (capped at $175,000) which will be applied by the Board of Equalization (BOE) to cover its direct and indirect costs. An annual administrative fee will also be assessed by the BOE. Revenues from a one-percent sales tax should be approximately $2 million per year based upon current projections. The sales tax would be implemented the first day of the calendar quarter more than 110 days after adoption of the ordinance by the voters (meaning April 1, 2017, based on the November 2016 election.)
ENVIRONMENTAL IMPACT:
This item is not subject to CEQA review.
ATTACHMENTS
Attachment A – Transactions and Use Tax Resolution
3 August 1, 2016 Item 07 ATTACHMENT A
RESOLUTION 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL MAR CALLING FOR AN ELECTION AND ORDERING THE SUBMISSION OF AN ORDINANCE IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION TO THE QUALIFIED VOTERS OF THE CITY, AND REQUESTING THAT THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO CONSOLIDATE THE ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2016 AND ELECTION SERVICES BE PROVIDED BY THE SAN DIEGO COUNTY ELECTIONS DEPARTMENT AND SETTING THE BALLOT LANGUAGE
WHEREAS, the City of Del Mar continues to face increased demand for, and expense to provide general city services and infrastructure projects that its residents, businesses and visitors rely on, such as:
• Improvement of streets and sidewalks; • Undergrounding of utilities; • Public landscapes and other infrastructure; • Improvement of community parks, trails and recreation facilities; and • Public safety services such as police, crime prevention, fire protection.
WHEREAS, without additional revenue, the City of Del Mar will have difficulty providing these and other essential City services; and
WHEREAS, Section 7285.9 of the California Revenue and Taxation Code authorizes the City to levy, increase or extend a transactions and use tax for general purposes at a rate of 0.125 percent, or a multiple thereof, subject to approval by a four-fifths vote of all of the members of the City Council and by a majority vote of the qualified voters of the City voting in an election on the issue (“Sales Tax”); and
WHEREAS, Article XIIIC, section 2(b) of the California Constitution requires that an election be held when a City council seeks voter approval of a new general tax and that said election be consolidated with a regularly scheduled general election for members of the City Council; and
WHEREAS, a regularly scheduled general election for members of the City Council has been established for the date of November 8, 2016; and
WHEREAS, this Resolution approves and proposes to the electorate the adoption of a tax measure which, if approved, would be imposed on retail transactions involving sale and use of personal property. The tax rate would be one percent (1%), or one cent per dollar of the sales price of the property. The tax revenue would be collected by the State Board of Equalization and remitted to the City.
{Client Files/4630/1/O/S0408415.DOCX}
4 August 1, 2016 Item 07 ATTACHMENT A
WHEREAS, based on all of the information presented at the meetings considering the fiscal condition of the City and the proposed Sales Tax measure, both written and oral, including the staff reports, minutes, and other relevant materials, the City Council finds that under CEQA Guidelines 15060(c)(2) & (3) and 15378 (b)(2) & (4), this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). The Sales Tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines Section 15060(c)(2) the submission of the Sales Tax measure to the voters will not result in a direct or reasonably foreseeable indirect physical change in the environment. The proceeds of the measure are anticipated to assist the City with retaining existing governmental functions and services to the public as well as providing additional needed services and capital projects. Therefore, Pursuant to CEQA Guidelines section 15378(b)(2), the Sales Tax measure is not a project pursuant to CEQA. In addition, Pursuant to CEQA Guidelines section 15060 (c)(3) and 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Del Mar that:
SECTION 1. Pursuant to its right, power and authority under the laws of the State of California and the City of Del Mar Municipal Code, the City of Del Mar hereby calls an election at which it shall submit to the qualified voters of the City, a measure that, if approved, would adopt a general Sales Tax, as authorized by Revenue and Taxation Code section 7285.9. This measure shall be designated by letter by the San Diego County Elections Department. Pursuant to Elections Code Section 10400 et seq., the election for this measure shall be consolidated with the previously established election to be conducted on November 8, 2016.
SECTION 2. The measure (the Ordinance) that shall appear on the ballot is attached hereto as Exhibit A, is incorporated by this reference and shall be printed in the voter pamphlet. The City Council hereby approves the Ordinance, the form thereof, and its submission to the voters of the City at the November 8, 2016 election. The entire text of the Ordinance, attached hereto as Exhibit A, shall be made available to the public upon request. The ordinance specifies that the rate of the Sales Tax shall be one- percent (1%), or one cent per dollar of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the use tax shall be one percent (1%) or one cent per dollar of the sales price of tangible personal property stored, used or otherwise consumed in the City. The State Board of Equalization shall collect the tax from retailers subject to the tax and remit the funds to the City. The proposed measure is a general tax as defined in Article XIIIC of the California Constitution and shall not take effect unless and until approved by a vote of at least a majority of the voters voting on the question at the election.
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5 August 1, 2016 Item 07 ATTACHMENT A
SECTION 3. The proposed Sales Tax ordinance shall be submitted to the voters on the ballot in the form of the following question:
City of Del Mar
To provide funding for general city services and infrastructure projects, such as improvement of streets YES and sidewalks, utility undergrounding, public landscapes, improvement of community parks, trails and recreation facilities; police, crime prevention, fire protection and other public safety services, shall an ordinance that establishes an ongoing one-cent sales tax be adopted, providing an estimated 2 million dollars annually for the City of Del Mar, requiring citizen oversight and independent audits, and all NO funds controlled locally?
SECTION 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections.
SECTION 5. The City Attorney is hereby directed to prepare an impartial analysis of the measure pursuant to Elections Code Section 9280.
SECTION 6. The City Council authorizes the individuals identified in section 8, below, to file written arguments in favor of the measure not exceeding 300 words, accompanied by the printed names and signatures of the authors submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.
SECTION 7. The arguments shall be filed with the City Clerk, signed, with the printed names and signatures of the authors submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The argument shall be accompanied by the Form of Statement to Be Filed by Authors of Arguments.
SECTION 8. The deadline for filing arguments for and against the ballot measure with the City Clerk shall be August 23, 2016, and the argument shall not exceed 300 words in length. Rebuttal arguments shall be filed with the City Clerk by August 31, 2016, and shall not exceed 250 words in length. Mayor Parks and Deputy Mayor Sinnott are hereby authorized to prepare a written argument in support of the proposed ordinance, not to exceed 300 words, on behalf of the City Council. Mayor Parks and Deputy Mayor Sinnott are authorized to select two Councilmembers (including themselves) and three community members to sign the argument. In no case shall more than five persons sign
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6 August 1, 2016 Item 07 ATTACHMENT A
the argument, at least one of whom must be a Councilmember. Pursuant to Section 9285 of the California Elections Code, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The City Council hereby adopts Section 9285(a) of the California Elections Code.
SECTION 9. The same persons authorized in Section 8 above to prepare and sign the direct argument in favor of the proposed ordinance shall be authorized to prepare and sign the rebuttal argument. Rebuttal arguments shall be printed in the same manner as the direct arguments, and shall not exceed 250 words. Each rebuttal argument shall immediately follow the direct argument, which it seeks to rebut.
NOW, THEREFORE BE IT FURTHER RESOLVED AS FOLLOWS:
1. The Board of Supervisors of the County of San Diego is hereby requested to consolidate the said general election for this measure with the previously established general municipal election on Tuesday, November 8, 2016, and provide services for the general election on said measure, and to provide that, within the City of Del Mar, the election precincts, polling places, and voting booths shall in every case be the same and there shall be one set of election officers in each of said precincts, and to further provide that said measure hereinabove set forth shall be set forth in the ballots to be used at said election insofar as the same is held within the City of Del Mar.
2. The Board of Supervisors of San Diego County is hereby further authorized to canvass, or caused to be canvassed, as provided by law, the returns of said ballot measure election with respect to the votes cast on such proposition and to certify such canvass of votes to the City Council.
3. The City Clerk of the City of Del Mar is hereby authorized and directed to certify to the due adoption of this Resolution and to transmit a copy thereof so certified to the Board of Supervisors of said County and to file a copy hereof so certified with the Registrar of the County of San Diego.
4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions, and to take other appropriate actions necessary to ensure the placement of said tax measure before the voters of the City of Del Mar at said General Election.
5. In accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code, the City Clerk is hereby authorized and directed to cause notice of the measure to be published once in the Del Mar Times, a newspaper of general circulation, printed, published, and circulated in the City of Del Mar and hereby designated for that purpose by the City Council of Del Mar. The City Clerk may request that the County of San Diego Elections Department prepare and publish the required notice.
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7 August 1, 2016 Item 07 ATTACHMENT A
The City Manager is hereby authorized and directed to expend the necessary funds to pay for the City's cost of placing the measure on the election ballot. The foregoing Resolution was duly passed and adopted at a regular meeting of the City Council of the City of Del Mar held on the 18th day of July:
______SHERRYL PARKS, Mayor City of Del Mar
APPROVED AS TO FORM:
______LESLIE E. DEVANEY, City Attorney City of Del Mar
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF DEL MAR
I, Ashley Jones, Administrative Services Director/City Clerk of the City of Del Mar, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution 2016-____, adopted by the City Council of the City of Del Mar, California, at a Regular Meeting held the 1st day of August 2016, by the following vote:
AYES: NOES: ABSENT: ABSTAIN:
______ASHLEY JONES, Administrative Services Director/City Clerk, City of Del Mar
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8 August 1, 2016 Item 07 EXHIBIT A TO ATTACHMENT A
EXHIBIT A
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DEL MAR IMPOSING A TRANSACTIONS AND USE TAX TO BE ADMINISTERED BY THE STATE BOARD OF EQUALIZATION
BE IT ORDAINED BY THE VOTERS OF THE CITY OF DEL MAR:
SECTION 1: Chapter 3.32 ““Transactions and Use Tax”“ shall be added to the Del Mar Municipal Code and shall read as follows:
Section 3.32.010 TITLE. This ordinance shall be known as the City of Del Mar Transactions and Use Tax Ordinance. The City of Del Mar hereinafter shall be called “City.” This ordinance shall be applicable in the incorporated territory of the City.
Section 3.32.020 OPERATIVE DATE. ““Operative Date”“ means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.
Section 3.32.030 PURPOSE. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part {Client Files/4630/1/O/S0408415.DOCX}
9 August 1, 2016 Item 07 EXHIBIT A TO ATTACHMENT A
1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
Section 3.32.040 CONTRACT WITH STATE. Prior to the operative date, the City shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the State Board of Equalization prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
Section 3.32.050 TRANSACTIONS TAX RATE. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance. The tax imposed hereby shall be in addition to the tax imposed pursuant to Chapter 3.24 of the Del Mar Municipal Code.
Section 3.32.060 PLACE OF SALE. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization.
Section 3.32.070 USE TAX RATE. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. The tax imposed hereby shall be in addition to the tax imposed pursuant to Chapter 3.24 of the Del Mar Municipal Code.
Section 3.32.080 ADOPTION OF PROVISIONS OF STATE LAW. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
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Section 3.32.090 LIMITATIONS ON ADOPTION OF STATE LAW AND COLLECTION OF USE TAXES. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word “State” is used as a part of the title of the State Controller, State Treasurer, State Board of Equalization, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the State Board of Equalization, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word “City” shall be substituted for the word “State” in the phrase “retailer engaged in business in this State” in Section 6203 and in the definition of that phrase in Section 6203.
Section 3.32.100 PERMIT NOT REQUIRED. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
Section 3.32.110 EXEMPTIONS AND EXCLUSIONS.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and {Client Files/4630/1/O/S0408415.DOCX}
11 August 1, 2016 Item 07 EXHIBIT A TO ATTACHMENT A
Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied.
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section (B), the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
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12 August 1, 2016 Item 07 EXHIBIT A TO ATTACHMENT A
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section (C), storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised. 6. Except as provided in subparagraph (C)(7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. “A retailer engaged in business in the City” shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
Section 3.32.120 AMENDMENTS. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of {Client Files/4630/1/O/S0408415.DOCX}
13 August 1, 2016 Item 07 EXHIBIT A TO ATTACHMENT A
Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
Section 3.32.130 CITIZENS OVERSIGHT COMMITTEE. Prior to the operative date, the City Council shall (a) adopt a resolution establishing the composition of a committee of no more than five (5) residents of the City to review and annually report on the revenue and expenditure of the funds from the tax adopted by this ordinance, (b) define the scope of the committee's responsibilities, and (c) appoint at least a quorum of the members of the committee. City employees, consultants, or vendors are expressly precluded from serving as members of the committee. The committee's reports shall be presented to the Council and made available to the public.
Section 3.32.140 ENJOINING COLLECTION FORBIDDEN. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
SECTION 2 SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 3 EFFECTIVE DATE. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.
THE FOREGOING ORDINANCE was adopted by declaration of the vote by the Del Mar City Council on the 1st day of August, 2016 at a regular meeting of the Del Mar City Council by the following vote:
AYES: NOES: ABSENT: SHERRYL PARKS, MAYOR
ATTEST:
______ASHLEY JONES, ADMINISTRATIVE SERVICES DIRECTOR/CITY CLERK
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14 August 1, 2016 Item 07 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Mark Delin, Assistant City Manager Via Scott W. Huth, City Manager
DATE: August 1, 2016
SUBJECT: Discuss Educational Outreach for the Transaction and Use Tax Ballot Measure and Authorize the City Manager to Contract for Professional Services
REQUESTED ACTION:
Receive report on educational outreach for the transaction and use tax ballot measure and authorize the City Manager to seek proposals for consulting services, and negotiate and execute a contract for professional education and outreach services for a not-to- exceed $25,000, subject to approval by the City Attorney.
DISCUSSION/ANALYSIS:
In a separate agenda item for this Council meeting, Council will conduct a second reading of a resolution presenting an ordinance to the voters for a one-percent (1%) transaction and use tax. Council elected to proceed with putting this measure on the ballot based upon the results of the True North Research, Inc. opinion poll which indicated that the measure was regarded favorably by 71 percent of likely voters. In the report prepared for the City, Dr. McLarney of True North strongly recommends a public education and outreach program to educate the voters about the measure. To quote from his report “…one of the keys to building and sustaining support for the proposed measure will be the presence of an effective, well-organized public outreach effort and separate, independent campaign that focuses on the need for the measure as well as the many benefits that it will bring.”
The outreach campaign can consist of mailers, water bill inserts, website content, and information pieces which may be carried by local media.
The type of information that may be important to voters includes, but is not limited to:
What is the measure about?
______City Council Action:
1 August 1, 2016 Item 08 City Council Staff Report Transaction and Use Tax Public Outreach August 1, 2016 Page 2 of 2
Why did the City Council put it on the ballot?
What is the City’s current financial condition – is this really needed?
How much money will be raised by the tax?
What is the tax collected on?
Who pays the tax – is it primarily residents or visitors?
What will the tax help fund?
How can I be sure that the City will spend the money on the projects and services they say it will be spent on?
While the outreach campaign could be developed and conducted in-house, staff is recommending that Council authorize staff to secure professional services for this effort. In subsequent conversations with staff, Dr. McLarney strongly recommended that the City retain the services of a professional firm with expertise in sales tax measure outreach and education, due to the importance of this measure to the City, and the relatively low cost of these services in comparison to the potential benefit to the City. Some of the benefits cited include ensuring that the campaign stays on message, and avoids crossing the legal lines between education and advocacy, and is nimble enough to adapt to this November’s noisy election environment. It will also provide resources to provide educational materials that might be needed in the case that opposition to the measure develops.
FISCAL IMPACT
Professional services of this nature are generally available on a retainer basis in the vicinity of $7,000 per month. It is estimated that the professional services component of an outreach campaign would not exceed $25,000. This will need to be funded out of the General Fund contingency, and this and other election expenses will require a budget adjustment by Council in the mid-year budget update.
ENVIRONMENTAL IMPACT:
This item is not subject to CEQA review.
2 August 1, 2016 Item 08 August 1, 2016
Demolition of the former City Hall buildings is complete, and demolition and haul-off of the building foundations, parking lot asphalt and landscaping is underway. The original demolition completion date of July 29th has pushed slightly, and is now anticipated to be completed the first week of August. The project is still on-schedule to complete The City Council has approved a total project budget of construction documents, bid, and award the $17.8 million, which includes construction, as well as construction contract by September 8th. architectural design and environmental review (EIR), plus costs for furnishings, fixtures, and equipment (FFE) for the new facility. To date, all expenses for the project are for costs associated with architectural design, environmental review, design review, and some of the costs for demolition for the existing buildings.
Amount Spent Category Budget as of 7/12/16
100-percent construction drawings will be Construction Costs $12,590,039 $111,9002 completed within two weeks, and the Design, Engineering, competitive bid process for the project will begin Permits, CEQA EIR, FFE, $3,301,548 $1,254,802 August 8th. Signage, etc.
Owner’s Contingencies $1,589,159 $0 (During construction) City Hall has temporarily relocated to 2010 Sustainability Features $364,697 $0 Jimmy Durante Boulevard, Suite 120. Phone numbers and mailing address are the same. Total Budget $17,845,4431 $1,366,702
1 Project budget does not include costs for temporary relocation. 2 Reflects costs to date for demolition, which is part of construction.
Demolish Existing Buildings & Site July/August Complete Construction Drawings August Bidding Process for Contractor August/September Bid solicitation for a construction contractor will begin Award Construction Contract September August 8th, with bid openings on September 1st at Begin Construction October 3pm, and award of contract at the September 6th City Council meeting. 1 August 1, 2016 Item 09 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Eric Minicilli, Public Works Director Via Scott W. Huth, City Manager
DATE: August 1, 2016
SUBJECT: Anderson Canyon Emergency Progress Update
REQUESTED ACTION/RECOMMENDATION:
Staff requests that the City Council receive the Anderson Canyon Emergency progress update presentation.
DISCUSSION/ANALYSIS:
On January 5, 2016, the region was hit with a series of significant storms that brought heavy amounts of rain and flooding. On January 7, 2016, a large section of the bluff in Anderson Canyon sloughed off during heavy rains, damaged underground utilities, and destabilized the roadway. Due to the significance of this situation, on January 7, 2016, the City Manager, acting in his capacity as the City’s Director of Emergency Services and pursuant to Chapter 2.52 of the Del Mar Municipal Code, declared a local emergency. Over the next several months City crews, contractors, and utilities have worked to reconstruct the canyon slope, reroute underground utilities, and return the roadway to service. The presentation will provide specific details on the progress achieved to date and an update on the remaining work to be completed.
FISCAL IMPACT:
The City has been working closely with its insurance adjustor to estimate the damages and consider levels of coverage. It is anticipated that the City will be responsible for a $500,000 deductible which will be paid for through reserve funds. Staff continues to seek reimbursement from the County and State due to the existence of a local emergency.
ENVIRONMENTAL IMPACT:
This project was determined to be exempt pursuant the California Environmental Quality Act (CEQA Guidelines Section 15302(c) – Replacement or Reconstruction.
______City Council Action:
1 August 1, 2016 Item 10 City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Kathleen A. Garcia, Planning and Community Development Director Via Scott W. Huth, City Manager Prepared by Rick Casswell, Associate Planner
DATE: August 1, 2016
SUBJECT: Discussion of Potential Regulation of Medical Marijuana Uses in the City of Del Mar
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council:
1. Receive the report and consider issues relating to commercial cultivation, delivery, distribution, and processing of medical marijuana;
2. Receive the report on state legislation authorizing local regulation of commercial medical marijuana uses;
3. Receive the report on the different regulatory approaches being taken by other jurisdictions around the state toward medical marijuana uses.
4. Receive the report and consider the potential fiscal impacts associated with the cost of regulating medical marijuana uses.
Staff also recommends that the Council direct staff to do one of the following:
1. Proceed with a proposed process, using a community workshop approach, to establish regulations for Medical Marijuana uses in Del Mar which will then be reviewed by City Council for direction on crafting an ordinance;
2. Provide specific direction on the parameters of an ordinance and return at a future Council meeting with a proposed Municipal Code amendment, establishing regulations and a permitting process that would be applicable to the:
a. commercial cultivation/processing of medical marijuana, and/or;
______City Council Action:
1 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 2 of 8
b. the commercial distribution of medical marijuana; and/or,
c. the residential delivery of medical marijuana; and/or,
3. Maintain the status quo – i.e. continue to prohibit all forms of medical marijuana uses within Del Mar, in accordance with Chapter 30.85 (Medical Marijuana Land Use Prohibition) of the Municipal Code.
EXECUTIVE SUMMARY:
The Medical Marijuana Regulation and Safety Act (MMRSA), which consists of three separate bills (AB266, AB243, and SB643), was enacted on September 11, 2015, to establish state regulation of the commercial medical marijuana industry. As part of this legislation, local governments were given the opportunity to create regulations, or prohibit medical marijuana uses.
On January 19, 2016 the City Council adopted an urgency ordinance (Attachment A – Chapter 30.85 Medical Marijuana Land Use Prohibition) to establish a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. This was to allow time for the City to study a potential amendment of the ordinance to allow for medical marijuana uses within the City limits, without losing the ability to self- regulate medical marijuana uses in addition to state regulation of those uses. This was in response to a “drafting error” in the original MMRSA language. Jurisdictions were required to adopt a land use ordinance regulating or prohibiting the cultivation of medical marijuana by no later than February 28, 2016 – otherwise all regulatory and processing authority would lie exclusively with the state. However, on February 3, 2016 Governor Jerry Brown signed into law Assembly Bill 21, an urgency measure that immediately removed that deadline. All jurisdictions now have the ability to adopt land use regulations for medical marijuana uses, in addition to those that will be implemented by the State, should they choose to do so.
Staff is now returning to the City Council to provide further information on medical marijuana uses and the regulatory approaches being taken by other jurisdictions around the state toward those uses. Additionally, staff is seeking direction from the City Council to proceed with a recommended course of action for either the development of a regulatory approach to medical marijuana uses within the City, or for the continued prohibition of all commercial marijuana uses within the City.
This report does the following:
2 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 3 of 8
Includes (as Attachment A) the City’s adopted urgency ordinance (Chapter 30.85 of the Municipal Code, titled, “Medical Marijuana Land Use Prohibition”), which has established a prohibition on all commercial medical marijuana uses;
References the proposed state regulations for commercial medical marijuana operations (included within Attachment B);
Outlines the perceived adverse impacts associated with commercial medical marijuana operations, the perceived community benefits of these operations, along with the potential economic impacts (both positive and negative) that may result from commercial medical marijuana operations being located within Del Mar (also in Attachment B);
Provides examples of different regulatory approaches being taken by other jurisdictions around the state toward medical marijuana uses; and
Presents several courses of action that the City Council can direct staff to proceed with, relative to the discussion of the potential regulation of medical marijuana uses in Del Mar.
DISCUSSION/ANALYSIS:
Background
Medical Marijuana refers to the use of cannabis or marijuana, including constituents of cannabis, THC, and other cannabinoids, as a physician-recommended form of medicine or herbal therapy for relief from various ailments.
The MMRSA allows for both local and state regulation of commercial medical marijuana operations. With the adoption of the urgency ordinance (Attachment A), the City established a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. However, the urgency ordinance does allow for exemptions pertaining to the cultivation or processing of medical marijuana by patients and primary caregivers for personal medical use (with a doctor’s approval). The details of those exemptions are listed within Section 30.85.300 (Exemptions) of the DMMC (contained within Attachment A).
The staff report (and relevant attachments) from the January 19, 2016 City Council meeting (Attachment B) provides an overview the potential adverse impacts that the various types of medical marijuana operations might have on a community. Some of those adverse impacts include:
3 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 4 of 8
Increased potential for burglaries and robberies at dispensaries, processing and cultivation facilities; Potential for noxious odors associated with the processing of medical marijuana; and Possible relocation of successful neighboring businesses due to associated odors or increased criminal activity related to the medical marijuana facilities.
Perceived community benefits of commercial medical marijuana operations include:
Provides residents with convenient access to medical marijuana; Trusted facilities/sources of medical marijuana, which the City can regulate even more stringently than the state; Therapeutic benefits of medical marijuana (such as relief from glaucoma, anxiety, pain, and reported anti-cancerous properties)
Potential economic impacts (both positive and negative) include:
Sales tax revenue, which is the main economic benefit that could be generated by commercial sales of medical marijuana. However, the MMRSA measure specifies that medical marijuana sold for medical or dietary purpose are exempt from any sales, use, or excise tax. An indirect rise in sales tax revenue could result from medical marijuana users who frequent a dispensary (or other similar facility) within Del Mar, and choose to spend their money at any surrounding businesses. Conversely, the presence of medical marijuana facilities and their clientele may result in a decline in sales tax revenues of surrounding businesses, due to those businesses’ proximity to these facilities and the potential adverse impacts they may have on the community (referenced earlier in this report).
The January 19, 2016 staff report (Attachment B) also documents the forthcoming state regulations that will apply to commercial medical marijuana operations, which include:
Providing for dual licensing (state and local licenses/permits required) Capping total cultivation for a single licensee at 4 acres statewide. Requiring establishment of uniform state minimum health and safety standards, testing standards, and security requirements at dispensaries and during transport of the product. Placing the Department of Food and Agriculture (DFA) in charge of state licensing and regulation of indoor and outdoor cultivation sites.
4 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 5 of 8
Specifying that the Department of Pesticide Regulation (DPR), in consultation with the State Water Resources Control Board (SWRCB), develop regulations for pesticides in marijuana cultivation. Mandating the Department of Public Health to develop standards for production and labelling of all edible medical marijuana products. Directs California Medical Board to prioritize the investigation of excessive recommendations by physicians. Places DFA in charge of cultivation regulations and licensing, and requires a track and trace program. Authorizes counties to levy a tax on commercial medical marijuana operations, subject to standard voter approval requirements.
Summary of Medical Marijuana Regulations Currently Adopted by other Jurisdictions in California1
City of San Jose (Regulation of Various Medical Marijuana Operations)
Regulates collectives (i.e. dispensaries/commercial distribution facilities); Regulation includes: registration and associated fees, random inspections by a city official, mandatory security procedures, record-keeping requirements, and audits; Allows for indoor commercial cultivation only; Permits personal cultivation as allowed under state law; and Prohibits deliveries (except those made by primary caregivers for qualified patients) and mobile dispensaries.
City of San Diego (Regulation of Dispensaries and Personal Cultivation Only)
Regulates dispensaries and personal cultivation and possession; Dispensaries (a.k.a. “collectives”) are permitted through a Medical Marijuana Consumer Cooperative Permit (MMCCP) and Conditional Use Permit (CUP); Collectives cannot operate for profit; Background checks are performed on all responsible persons; Collectives are only permitted within certain commercial and industrial zones; Not allowed within 1,000 feet of public parks, churches, schools, or other similar public uses; Personal cultivation and possession of up to one (1) pound of marijuana by a qualified patient or caregiver are both allowed; and
1 Full details on each jurisdiction and its related ordinance(s) are available within Attachment C
5 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 6 of 8
Deliveries are subject to only state regulations.
City of Emeryville (Regulation of Dispensaries and Deliveries Only)
Regulates dispensaries via a special permit; Processed and issued by the Chief of Police; Prohibits marijuana cultivation, processing, and other forms of distribution; and Only deliveries by primary caregivers and dispensaries that have secured a permit from the Chief of Police are permitted.
City of Gustine (Regulation of Deliveries Only)
Prohibits all medical marijuana dispensaries and all commercial cultivation of marijuana, with the exception of deliveries to private properties only; Delivery and transportation services are required to obtain a business license; Deliveries can only be delivered to the residence of a medical card holder; and Delivery drivers are required to verify this prior to completion of delivery.
City of Capitola (Regulation of Indoor Cultivation for Personal Use Only)
All medical marijuana uses are prohibited; Except for limited indoor cultivation for personal use by qualified patients and primary caregivers only; and In residential zones only.
CORRESPONDENCE:
At the time of preparing this report staff has received one (1) letter of correspondence on this topic from the Strause family, who have been in contact with City staff since the middle of December, 2015 to express their advocacy for local regulation and licensing of medical marijuana uses. This letter of support for City regulation of medical marijuana uses (dated July 22, 2016) is included as Attachment D of this report. No additional correspondence has been received.
FISCAL IMPACT:
This report does not create any direct fiscal impacts to the City. However, further study of the issue and the development of regulations and permitting processes would result in additional City costs for the staff time involved.
6 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 7 of 8
Associated costs with (potentially) regulating medical marijuana uses are expected to include: staff time crafting the regulations (which would likely involve community workshops, public correspondence, research, writing time, and legal review), administration costs (for processing of applications, which could involve background checks and facility inspections, in addition to review body hearings and any potential appeals), and enforcement costs (such as inspections/monitoring of commercial medical marijuana facilities and any staff time dealing with complaints or violations).
Depending on what type of medical marijuana uses might be permitted within Del Mar, and how those uses would be regulated, additional staff time is expected to result from any relaxation of the existing provisions of Chapter 30.85 (Medical Marijuana Land Use Prohibition). Certain administrative and enforcement responsibilities may require sheriff and fire personnel to perform those duties, such background checks and inspections, in addition to personnel from other departments (such as Planning and Community Development, or the City Manager’s Office). Alternatively, as with the City of Emeryville, all administrative and enforcement duties could be assigned to the San Diego County Sheriff’s Department, which the City has contracted for law enforcement services since the its incorporation in 1959.
However, these additional costs could be absorbed through cost recovery fees in the form of a potential permit(s) and/or deposit. This cost recovery approach has been taken by the aforementioned jurisdictions that have chosen to permit commercial medical marijuana facilities within those communities.
ENVIRONMENTAL IMPACT:
This report provides information on medical marijuana uses and the regulatory approaches being taken by other cities around the state toward those uses. If the City Council determines to move forward with Municipal Code amendments to regulate such operations, the proposed ordinance(s) may be subject to the provisions of the California Environmental Quality Act (CEQA).
CONCLUSION:
There are a number of medical marijuana uses, or any combination thereof, which could be regulated by the City, such as: dispensaries, cultivation/processing facilities, and delivery services. As the research from other jurisdictions in California indicates, there are various ways in which the City could elect to do this. Alternatively, the City Council could choose to maintain the status quo and continue to prohibit all forms of medical marijuana uses within Del Mar (with certain exemptions applying to qualified patients
7 August 1, 2016 Item 11 City Council Staff Report Regarding Potential Regulation of Medical Marijuana August 1, 2016 Page 8 of 8
and primary caregivers), as established in Chapter 30.85 (Medical Marijuana Land Use Prohibition) of the Municipal Code.
Based on this information, possible direction to staff could include:
1. Proceed with a proposed process, using a community workshop approach, to establish regulations for Medical Marijuana uses in Del Mar which will then be reviewed by City Council for direction on crafting an ordinance;
2. Provide specific direction on the parameters of an ordinance and return at a future Council meeting with a proposed Municipal Code amendment, establishing regulations and a permitting process that would be applicable to the:
a. commercial cultivation/processing of medical marijuana, and/or;
b. the commercial distribution of medical marijuana; and/or,
c. the residential delivery of medical marijuana; and/or,
3. Maintain the status quo – i.e. continue to prohibit all forms of medical marijuana uses within Del Mar, in accordance with Chapter 30.85 (Medical Marijuana Land Use Prohibition) of the Municipal Code.
ATTACHMENTS:
Attachment A: Adopted Urgency Ordinance (Chapter 30.85 Medical Marijuana Land Use Prohibition) Attachment B: January 19, 2016 City Council Meeting Staff Report (and related attachments) Attachment C: Medical Marijuana Regulations Currently Adopted by Cities of: San Jose, San Diego, Emeryville, Gustine, and Capitola
Attachment D: Correspondence Received
8 August 1, 2016 Item 11 Attachment A
CHAPTER 30.85
Medical Marijuana Land Use Prohibition
[Ord. 912]
30.85.100 Definitions.
For purposes of this Chapter, the following definitions shall apply:
A. “Marijuana” means any or all parts of the plant Cannabis Sativa Linnaeus, Cannabis Indica, Cannabis Ruderalis and any genetic or synthetic derivative thereof, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana or any marijuana derivative. The term “marijuana” shall also include “medical marijuana” as such phrase is used in the August 2008 Guidelines for the Security and Non- Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the state of California or subject to the provisions of the California Health and Safety code Section 11362.5 (Compassionate Use Act) or California Health and Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act).
B. “Marijuana Cultivation” means growing, planting, harvesting, drying, curing, grading, trimming, or processing of marijuana.
C. “Marijuana Delivery/Distribution” means the commercial transfer of medical cannabis or cannabis products, which includes all forms of marijuana dispensary.
D. “Marijuana Dispensary” or “Marijuana Dispensaries” means any business, office, store, facility, location, retail storefront or wholesale component of any establishment, cooperative or collective that delivers (as defined in Business and Professions Code §19300.5(m) or any successor statute thereto) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana for any reason to any person, group of
9 August 1, 2016 Item 11 persons, corporation, limited liability company, non-profit corporation or any other entity of any kind.
E. “Marijuana Processing” means any method used to prepare marijuana or its byproducts for commercial retail and/or wholesale use including, but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates, production of foodstuffs containing marijuana and production of any pill, tablet, liquid, lozenge or other delivery system containing marijuana or any derivative thereof.
30.85.200 Prohibited Activities.
Commercial marijuana cultivation, marijuana delivery/distribution, and marijuana processing shall be prohibited activities within the City of Del Mar, except where the City is preempted by federal or state law from enacting a prohibition on such activity. No use permit, variance, building permit, business license, or any other entitlement, license or permit, whether administrative or discretionary shall be approved or issued for the activities of marijuana cultivation, marijuana delivery/distribution, or marijuana processing establishments in the City, and no person shall otherwise establish or conduct such activities in the City, except where the City is preempted by federal or state law from enacting a prohibition on any such activity for which the use permit, variance, building permit, or any other entitlement, license, or permit is sought.
30.85.300 Exemptions.
This interim ordinance shall not apply to the cultivation or processing of medical marijuana by patients and primary caregivers for personal medical use (with a doctor’s approval) which meet all of the following criteria:
A. The marijuana is cultivated/processed in a fully- enclosed and secured structure by a qualified patient or primary caregiver, as defined in the CUA, within only residential zoning districts.
B. Cultivation/processing of marijuana is prohibited within all other zoning districts.
C. All marijuana cultivated/processed onsite shall be for the personal use of either a qualified patient or primary
Adopted January 19, 2016
10 August 1, 2016 Item 11 caregiver residing on the property and not be distributed to any other person, collective, cooperative, or dispensary.
D. The cultivation/processing of marijuana shall not be a commercial enterprise.
E. The owner of the property, if other than the qualified patient or primary caregiver, has consented in writing to the cultivation/processing of marijuana.
F. The area where marijuana is grown shall not exceed 50 square feet of floor area.
G. The marijuana cultivation/processing is not visible from any public or private property.
H. The fully-enclosed and secured space used for the cultivation/processing of marijuana shall be located at least 30 feet away from any habitable structure located on an adjacent property.
I. The cultivation/processing of marijuana does not occur within a garage, or any portion thereof.
J. The lighting for cultivation/processing does not exceed 1200 Watts.
K. The use of flammable or combustible products for the cultivation/processing of marijuana is prohibited.
L. The cultivation/processing of medical marijuana is not permitted if the cultivation activity adversely affects the health or safety of the residents or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, odor, or other impacts.
30.85.400 Public Nuisance.
Any violation of this Chapter is hereby declared to be a public nuisance and subject to abatement under the laws of this Municipal Code and the State of California.
30.85.500 Violations.
Any violation of this Chapter shall be punishable as provided in §1.32.010 of this Municipal Code or any successor section thereto.
Adopted January 19, 2016
11 August 1, 2016 Item 11 30.85.600 Conflicting Provisions.
If any other provisions of the Municipal Code conflict with the provisions of this Chapter as it relates to the regulation of land use related to Marijuana, this Chapter shall be controlling.
30.85.700 Severability.
If any section, subsection, sentence or clause of this Chapter is for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter.
Adopted January 19, 2016
12 August 1, 2016 Item 11 Attachment B City of Del Mar
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Kathleen A. Garcia, Planning and Community Development Director Via Scott W. Huth, City Manager Prepared by Rick Casswell, Associate Planner
DATE: January 19, 2016
SUBJECT: Adoption of an Urgency Ordinance for the Ban on Commercial Cultivation, Delivery/Distribution, and Processing of Medical Marijuana in the City of Del Mar
REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council:
1. Receive the report and consider issues relating to commercial cultivation, delivery/distribution, and processing of medical marijuana;
2. Receive the report on new state legislation authorizing local regulation of commercial medical marijuana (a.k.a. medical cannabis) uses;
3. Adopt the proposed urgency ordinance (Attachment A) that would establish a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. This would allow time for the City to study the potential amendment of the ordinance to allow additional medical marijuana uses within the City limits.
Staff also recommends that the Council direct staff to return at a future meeting with one or more of the following:
1. Additional information regarding medical marijuana and all associated operations and activities (both personal and commercial) and potential regulations and permitting options for this entire industry;
2. A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to the commercial cultivation of medical marijuana;
______City Council Action:
13 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 2 of 10
3. A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to the commercial distribution/delivery and processing of medical marijuana ;
4. A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to all commercial uses of medical marijuana;
5. A Municipal Code amendment establishing regulations and a permitting process that would be applicable to all medical marijuana associated operations/activities (both commercial and personal); and
6. A Municipal Code amendment to prohibit all medical marijuana associated operations/activities (both commercial and personal).
7. A report on the state laws and procedures for the regulation of medical marijuana operations/activities, should the City choose to not take action to amend the City’s Code and rely solely on state regulation of these operations/activities.
EXECUTIVE SUMMARY:
This report recommends the adoption of the attached urgency ordinance (Attachment A) that would establish a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. This would allow time for the City to study the potential amendment of the ordinance to allow additional medical marijuana uses within the City limits.
The Medical Marijuana Regulation and Safety Act (MMRSA), which consists of three separate bills (AB266, AB243, and SB643), was enacted on September 11, 2015, to establish state regulation of the commercial medical marijuana industry. As part of this legislation, local governments are given the opportunity to create regulations, or even prohibit medical marijuana uses. It should be noted that if a local government does not adopt pertinent land use ordinances for the regulation of commercial medical marijuana cultivation by February 28, 2016, the Department of Food and Agriculture assumes the sole licensing authority for medical marijuana cultivation applicants.
Other commercial medical marijuana operations, such as deliveries and mobile dispensaries can only be conducted in a local jurisdiction that does not explicitly prohibit those operations. State licenses for these operations are not expected to be issued before January 1, 2018. Nevertheless, there is still the possibility that state licenses could be issued before that date. Therefore, any urgency ordinance should also apply
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to those commercial activities as well as to all processing operations for medical marijuana.
This report does the following:
Analyzes the potential impacts (both positive and negative) created by commercial medical marijuana activities (including the commercial cultivation, delivery/distribution, and processing of medical marijuana) within the City;
Discusses the current City regulations that can be applied to commercial medical marijuana operations;
Outlines state regulations for commercial medical marijuana operations;
Discusses potential methods available to the City for future regulation of commercial medical marijuana operations within the City of Del Mar; and
Includes a proposal for an urgency land use ordinance that would ban commercial cultivation, delivery/distribution, and processing of medical marijuana so that the issues related to medical marijuana can be analyzed in advance of consideration of possible Municipal Code amendments.
DISCUSSION/ANALYSIS:
Background
Medical Marijuana refers to the use of cannabis or marijuana, including constituents of cannabis, THC, and other cannabinoids, as a physician-recommended form of medicine or herbal therapy for relief from various ailments.
The MMRSA allows for both local and state regulation of commercial medical marijuana operations. However, in order for municipalities to have the authority to regulate/prohibit these activities, local governments must adopt appropriate land use ordinances or resolutions to regulate/prohibit medical marijuana within their jurisdiction – otherwise all regulatory and processing authority will lie exclusively with the state.
The forthcoming state regulation of commercial medical marijuana operations includes the following noteworthy standards:
15 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 4 of 10
AB266
Establishes a statewide regulatory scheme administered by the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs. Provides for dual licensing (state and local licenses/permits required), but is subject to establishment of local ordinances. Caps total cultivation for a single licensee at 4 acres statewide. Requires establishment of uniform state minimum health and safety standards, testing standards, and security requirements at dispensaries and during transport of the product.
AB243
Places the Department of Food and Agriculture (DFA) in charge of state licensing and regulation of indoor and outdoor cultivation sites. Specifies that the Department of Pesticide Regulation (DPR), in consultation with the State Water Resources Control Board (SWRCB) to develop regulations for pesticides in marijuana cultivation. Mandates the Department of Public Health to develop standards for production and labelling of all edible medical marijuana products. Assigns joint responsibility to DFA, Department of Fish and Wildlife, and SWRCB to prevent illegal water diversion associated with marijuana cultivation.
SB643
Directs California Medical Board to prioritize the investigation of excessive recommendations by physicians. Places DFA in charge of cultivation regulations and licensing, and requires a track and trace program. Places DPR in charge of pesticide regulation and DPH in charge of production and labelling of edibles. Authorizes counties to levy a tax on commercial medical marijuana operations, subject to standard voter approval requirements.
Of particular importance to municipalities is AB243, which also establishes that for cities with a Municipal Code that is not a “permissive zoning” code1 a land use ordinance regulating or prohibiting the cultivation of medical marijuana must be effective by
1 Permissive Zoning Code – One that lists all the uses that are permitted within a given zoning district, and which presumes that everything not specifically listed is prohibited within that district.
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February 28, 2016, in order to allow for local regulation of medical marijuana cultivation, as well as state regulation.
Although, this deadline has recently been acknowledged by Assemblyman Jim Wood (D-Healdsburg), an author of the MMRSA, as a “drafting error” for which emergency legislation is planned in January, 2016 to remove it from the law. Governor Brown also supports this amendment. Assemblyman Wood hopes that this amendment will be passed before the February 28, 2016 deadline, but also added in an open letter (Attachment E) sent out to California cities and counties in December, 2015, that even if his effort to quickly fix the law does not pass before the deadline, “the Bureau of Medical Marijuana Regulation, the entity responsible for developing the state’s regulations, currently exists on paper only. It will be many months before the bureau has the capacity to develop and enforce statewide regulations.”
However, despite this recent communication, the League of California Cities advises its members that the best way of preserving local regulatory authority in the area of medical marijuana cultivation is to enact a cultivation ban that is in effect as of March 1, 2016 – even if it is only as a placeholder ordinance, and must be done on an urgency basis. This will ensure that after March 1, 2016 local governments will be free to revisit the issue at their leisure, and craft their own regulations if there is there is the local desire to do so.
In 2011, the City denied an application for a business license by a marijuana dispensary that was proposed to be located within the Central Commercial (CC) Zone of the City. The denial was based on the fact that medical marijuana dispensaries are not listed as an allowed use within the CC Zone. Following that decision, in 2012 Proposition H (which proposed to allow for the regulation of medical marijuana dispensaries and alter the City’s sales tax laws) failed at the City’s General Election, with a majority of the voters voting against this measure. Therefore, medical marijuana dispensaries have remained as a prohibited use within the City of Del Mar, in accordance with a permissive zoning code, referenced above.
However, the City Attorney has determined that the land use ordinances of the City of Del Mar’s Municipal Code contain a number of areas that could potentially be used by an applicant for the cultivation of marijuana. Therefore, it is the recommendation of the City Attorney that, should the City wish to regulate or prohibit the cultivation of medical marijuana (and other commercial medical marijuana operations) within the City, appropriate land use ordinances should be adopted in advance of the February 28, 2016 deadline.
17 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 6 of 10
It should be noted that this report and the attached urgency ordinance pertain to commercial medical marijuana operations, and not to the possession or cultivation/processing of medical marijuana by patients and primary caregivers for personal medical use with a doctor’s approval (in accordance with the Compassionate Use Act2 of 1996). The urgency ordinance establishes a list of criteria for the cultivation or processing of medical marijuana by patients and primary caregivers for personal medical use that are exempt from the ban.
Concerns Associated with Non-regulation/Non-Prohibition of the Cultivation, Processing, and Delivery/Distribution of Medical Marijuana:
Cultivation of Medical Marijuana
With regard to the cultivation of medical marijuana, there are a number of potentially adverse impacts that can result from allowing this use without regulation. These include:
Unpleasant or noxious odors that may be associated with outdoor cultivation of marijuana; Indoor cultivation of marijuana can cause structural damage through excessive mold growth resulting from the increased moisture that is required for marijuana to grow; Equipment and pesticides used for indoor cultivation may pose a risk for fires, electrical hazards, or chemical contamination within structures; Both indoor and outdoor cultivation of marijuana may also present an increased risk for burglaries and robberies at such locations, as third parties could identify these locations as potential targets for such criminal activity; and Potential relocation of successful neighboring businesses due to noxious odors or increased criminal activity associated with medical marijuana cultivation facilities.
2 Compassionate Use Act (1996) - Established that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. Upheld that patients and their primary caregivers who obtain and use marijuana for medical purposes (upon the recommendation of a physician) are not subject to criminal prosecution or sanction for possession or cultivation of marijuana for personal medical purposes.
18 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 7 of 10
Delivery/Distribution of Medical Marijuana
Possible adverse impacts associated with the delivery/distribution of medical marijuana include:
Both mobile and store-front distribution facilities for medical marijuana can create nuisance activity in the form of loitering Additionally, such dispensary facilities can also result in increased crime within the vicinity of the dispensary, including robberies of customers and a higher incidence of driving under the influence (DUI) occurrences. Potential relocation of successful neighboring businesses due to increased nuisance/criminal activity associated with medical marijuana distribution facilities.
Processing of Medical Marijuana
Potential issues that can result from allowing unregulated processing of medical marijuana include:
Increased potential for burglaries and robberies at such locations; Potential for noxious odors associated with the processing of medical marijuana; and Possible relocation of successful neighboring businesses due to processing associated odors or increased criminal activity associated with medical marijuana processing facilities.
Federal Law
Marijuana cultivation, possession and sales are currently illegal under federal law (see 21 U.S.C. §811). The federal government views marijuana as a highly addictive substance with no medical value and classifies it as a Schedule 1 drug. This means that even though marijuana is legal for limited purposes in California and other states, it is still subject to enforcement action by federal law enforcement agencies. In addition, violators of the federal laws are subject to prosecution in federal court. Thus, anyone engaging in commercial or personal cultivation in the City is potentially subject to arrest and prosecution by the federal government.
ECONOMIC IMPACTS:
The primary economic impact that is typically raised with regard to commercial marijuana sales is that of potential sales tax revenue which might be collected by the
19 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 8 of 10
City. However, the MMRSA measure specifies that medical marijuana sold for medical or dietary purpose are exempt from any sales, use, or excise tax.
Currently, there are no permitted commercial operations that are cultivating, processing, or distributing medical marijuana within Del Mar. Therefore, based on this current absence of medical marijuana operations, and the fact that medical marijuana sold for medical or dietary purpose is exempt from all sales tax, any future medical marijuana operations (either mobile or “brick and mortar” format) conducting business within Del Mar would not directly impact sales tax revenues for the City.
Conceivably, there could be either positive or negative secondary impacts to the City’s sales tax revenue as a result of commercial marijuana sales within the Del Mar. Medical marijuana users utilizing a cultivation, distribution, or processing facility located within Del Mar may choose to spend money at surrounding businesses with a resulting increase in sales tax revenue for the City. Conversely, the presence of medical marijuana cultivation, distribution, or processing facilities and their clientele may result in a decline in sales tax revenues of surrounding businesses, due to those businesses’ proximity to these facilities and the potential adverse impacts they may have on the community (referenced in the concerns section of this report).
CORRESPONDENCE:
A family-run business, G. Randall and Sons, has been in contact with City staff since the middle of December, 2015 to express their advocacy for the local regulation and licensing of medical marijuana uses. Additionally, in the same period of time, the City has also received regular updates from the City’s state lobbyists regarding the MMRSA (Attachments C and E). Correspondence from G. Randall and Sons is found in Attachment F, which includes: email correspondence from Linda and Tyler Strause (of G. Randall and Sons); and a letter of support for local control of medical marijuana uses/activities by Linda Strause, with several related documents (including an example ordinance and regulations, a report on crime and medical marijuana dispensaries, and a MMRSA memorandum). At the time of preparing this report no additional correspondence has been received.
CONCLUSION:
Although medical marijuana dispensaries have historically been deemed to be a prohibited use within the City of the Del Mar (under the City’s permissive Zoning Ordinance), the City’s existing Municipal Code does not expressly prohibit marijuana dispensaries or marijuana-related operations/uses. Additionally, the Municipal Code does potentially allow for the cultivation of medical marijuana, while the
20 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 9 of 10
delivery/distribution and processing of medical marijuana are also not expressly prohibited within the Municipal Code.
Therefore, it is staff’s recommendation that the City Council adopt an urgency ordinance (Attachment A) that would establish a ban on the commercial cultivation, delivery/distribution, and processing of medical marijuana. This action (requiring a four- fifths vote) would allow staff time to study the issue further and return to the Council with proposed Code amendments to either regulate or prohibit additional medical marijuana activities/operations; or to allow for only state regulation to apply to these activities/operations.
Possible direction to staff could include:
Additional information regarding medical marijuana and all associated operations and activities (both personal and commercial) and potential regulations and permitting options for this entire industry;
A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to the commercial cultivation of medical marijuana;
A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to the commercial distribution/delivery and processing of medical marijuana ;
A Municipal Code amendment establishing regulations and a permitting process that would be applicable solely to all commercial uses of medical marijuana;
A Municipal Code amendment establishing regulations and a permitting process that would be applicable to all medical marijuana associated operations/activities (both commercial and personal); and
A Municipal Code amendment to prohibit all medical marijuana associated operations/activities (both commercial and personal).
A report on the state laws and procedures for the regulation of medical marijuana operations/activities, should the City choose to not take action to amend the City’s Code and rely solely on state regulation of these operations/activities.
21 August 1, 2016 Item 11 City Council Staff Report Regarding Medical Marijuana January 19, 2016 Page 10 of 10
FISCAL IMPACT:
This report does not create any direct fiscal impacts to the City. However, further study of the issue and development of regulations and permitting processes would result in additional City costs for the staff time involved.
ENVIRONMENTAL IMPACT:
This report only analyzes the potential positive and negative community that may result from the presence of commercial medical marijuana operations within the City limits. If the City Council determines to move forward with Municipal Code amendments to regulate such operations, the proposed ordinance(s) may be subject to the provisions of the California Environmental Quality Act (CEQA).
ATTACHMENTS:
Attachment A – Proposed Urgency Ordinance Attachment B – League of California Cities Informational Guides on the MMRSA Attachment C – Legislative Analyst’s Office Fiscal Impact Report of the MMRSA Attachment D – Examples of other California Cities’ Urgency Ordinances Imposing a Ban on Medical Marijuana Activities/Operations Attachment E – MMRSA “Drafting Error” Open Letter, Newspaper Articles, and Legislative Action Updates Attachment F – Correspondence Received
22 August 1, 2016 Item 11
Attachment B
Informational Briefing: Medical Marijuana Regulation and Safety Act
This briefing is designed to educate our members on the three bills comprising the Medical Marijuana Regulation and Safety Act (MMRSA). Its goals are to: Explain how this legislation protects local control; Review the details of what each bill does; Highlight specific regulatory issues that require immediate attention from local governments; Discuss timelines for implementation Field your questions
Note: Some of the provisions of the new laws discussed in this briefing are not included in the Medical Marijuana Regulation and Safety Act.
1 23 August 1, 2016 Item 11 Medical Marijuana Regulation and Safety Act
The Medical Marijuana Regulation and Safety Act consists of three discrete pieces of legislation: AB 266 (Bonta, Cooley, Jones-Sawyer, Lackey, Wood) – Establishes dual licensing structure requiring state license and a local license or permit. Department of Consumer Affairs heads overall regulatory structure establishing minimum health and safety and testing standards. AB 243 (Wood)– Establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. SB 643 (McGuire) - Establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees.
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This legislation protects local control in the following ways:
Dual licensing: A requirement in statute that all marijuana businesses must have both a state license, and a local license or permit, to operate legally in California. Jurisdictions that regulate or ban medical marijuana will be able to retain their regulations or ban.
Effect of Local Revocation of a Permit or License: Revocation of a local license or permit terminates the ability of a marijuana business to operate in that jurisdiction under its state license.
Enforcement: Local governments may enforce state law in addition to local ordinances, if they request that authority and if it is granted by the relevant state agency.
State law penalties for unauthorized activity: Provides for civil penalties for unlicensed activity, and applicable criminal penalties under existing law will continue to apply.
With certain exceptions, expressly protects local licensing practices, zoning ordinances, and local actions taken under the constitutional police power.
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25 August 1, 2016 Item 11 Medical Marijuana Regulation and Safety Act
This legislation protects public safety in the following ways:
SB 643: Establishes a track and trace program for all marijuana.
AB 266: Limits vertical integration by requiring third party distribution, transportation and testing. Requires the development of a study that identifies the impact and impairing effect that marijuana has on motor skills. Establishes uniform security requirements at dispensaries as well as for transporters.
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Key State Medical Marijuana Laws
• Medical Marijuana Regulation and Safety Act (Business and Profession Code section 19300 through 19360). Governs the licensing and control of all medical marijuana businesses in the state and provides criminal immunity for licensees.
• Compassionate Use Act of 1996 (Health and Safety Code section 11362.5). Criminal violations relating to possession and cultivation of marijuana do not apply to patients and primary caregivers for possession and cultivation of marijuana for personal medical use with doctor’s approval.
• Medical Marijuana Program (Health and Safety Code section 11362.7 through 11362.9). Establishes voluntary program for identification cards issued by county for qualified patients and primary caregivers and provides criminal immunity to qualified patients and primary caregivers for certain activities involving medical marijuana.
5 27 August 1, 2016 Item 11 Medical Marijuana Regulation and Safety Act
Two areas will require immediate attention from local governments:
Deliveries and mobile dispensaries: Delivery is permitted with a State license unless a city adopts an express prohibition on delivery (AB 266).
Cultivation ordinances: Cities must adopt an ordinance prohibiting or regulating cultivation prior to March 1, 2016. Otherwise the State will be sole licensing authority.
6 28 August 1, 2016 Item 11 Medical Marijuana Regulation and Safety Act
AB 266 Medical Marijuana – what the bill does:
Establishes a statewide regulatory scheme administered by the Bureau of Medical Marijuana Regulation (BMMR) within the Department of Consumer Affairs (DCA). Provides for dual licensing: both a state license, and a local permit or license, issued according to local ordinances, are required. Caps total cultivation for a single licensee at 4 acres statewide, subject to local ordinances. Creates four licensing categories: Dispensary, Distributor, Transport, and Special Dispensary Status for licensees who have a maximum of three dispensaries. Specifies various sub-categories of licensees (indoor cultivation, outdoor cultivation, etc.) Limits cross-licensing: Operators may hold one state license in up to two separate license categories. Prohibits medical marijuana licensees from also holding licenses to sell alcohol.
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AB 266 Medical Marijuana – what the bill does:
Grandfathers in vertically integrated businesses (i.e. businesses that operate and control their own cultivation, manufacturing, and dispensing operations) if a local ordinance allowed or required such a business model and it was enacted on or before July 1, 2015. Requires businesses to operate in compliance with local ordinances, and to have been engaged in all the specified activities on July 1, 2015. Requires establishment of uniform state minimum health and safety standards, testing standards, and security requirements at dispensaries and during transport of the product. Product testing is mandatory. Specifies a standard for certification of testing labs, and specified minimum testing requirements. Prohibits testing lab operators from being licensees in any other category, and from holding a financial or ownership interest in any other category of licensed business.
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AB 266 Medical Marijuana – what the bill does:
Labor Peace: Includes a labor peace agreement under which unions agree not to engage in strikes, work stoppages, etc. and employers agree to provide unions reasonable access to employees for the purpose of organizing them. Specifies that such an agreement does not mandate a particular method of election.
Specifies that patients and primary caregivers are exempt from the state licensing requirement, and provides that their information is not to be disclosed and is confidential under the California Public Records Act.
Phases out the existing model of marijuana cooperatives and collectives one year after DCA announces that state licensing has begun. Thereafter license will be required.
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AB 243 Medical Marijuana – what the bill does:
Places the Dept. of Food and Agriculture (DFA) in charge of State licensing and regulation of indoor and outdoor cultivation sites.
Mandates the Dept. of Pesticide Regulation (DPR) to develop standards for pesticides in marijuana cultivation, and maximum tolerances for pesticides and other foreign object residue.
Mandates the Dept. of Public Health to develop standards for production and labelling of all edible medical cannabis products.
Assigns joint responsibility to DFA, Dept. of Fish and Wildlife, and the State Water Resources Control Board (SWRCB) to prevent illegal water diversion associated with marijuana cultivation from adversely affecting California fish population.
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AB 243 Medical Marijuana – what the bill does:
Specifies that DPR, in consultation with SWRCB, is to develop regulations for application of pesticides in all cultivation.
Specifies various types of cultivation licenses.
Directs the multi-agency task force headed by the Dept. of Fish and Wildlife and the SWRCB to expand its existing enforcement efforts to a statewide level to reduce adverse impacts of marijuana cultivation, including environmental impacts such as illegal discharge into waterways and poisoning of marine life and habitats.
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SB 643 Medical Marijuana – what the bill does:
Directs California Medical Board to prioritize investigation of excessive recommendations by physicians; Imposes fines ($5000.00) vs. physicians for violating prohibition against having a financial interest in a marijuana business; Recommendation for cannabis without a prior examination constitutes unprofessional conduct; Imposes restrictions on advertising for physician recommendations;
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SB 643 Medical Marijuana – what the bill does:
Places Dept. of Food and Agriculture in charge of cultivation regulations and licensing, and requires a track and trace program;
Codifies dual licensing (state license and local license or permit), and itemizes disqualifying felonies for state licensure;
Places DPR in charge of pesticide regulation; DPH in charge of production and labelling of edibles; Authorizes counties to tax – declaratory of existing law.
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SB 643: Disqualifying felony convictions for licensure These include felony narcotics convictions, violent felony convictions, serious felony convictions, and felony convictions involving fraud, deceit or embezzlement. Applications cannot be denied if the denial is based solely on the applicant’s conviction of a crime for which the applicant was subsequently granted a certificate of rehabilitation, or if the applicant’s conviction was subsequently dismissed.
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Delivery of Medical Marijuana (AB 266) “Delivery” means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined by the bureau to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health & Safety Code, or a testing laboratory.
“Delivery” also includes the use by a dispensary or any technology platform owned and controlled by the dispensary or independently licensed under this chapter that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products. (Business & Professions Code 19300.5(m))
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Medical Marijuana Regulation and Safety Act Delivery of Medical Marijuana (AB 266)
“Deliveries” can only be made by a dispensary and in a city, county, or city and county that does not explicitly prohibit it by local ordinance. Business & Professions Code 19340(a). See also Section 19340(b)(1).
Therefore, if your city wishes to prohibit delivery of medical marijuana within your city, an ordinance must be adopted to explicitly prohibit deliveries.
Timing: State licenses are expected to be issued starting January 1, 2018. A facility or entity that is operating in compliance with local zoning ordinances and other state and local requirements may continue its operations until its application for licensure is approved or denied effective January 1, 2018 (Business & Professions 19321(c)).
Ordinance explicitly prohibiting deliveries should include (1) an amendment to the zoning code prohibiting “delivery” (as defined in AB 266) in any zoning district; or (2) an amendment to the Municipal Code relating to business operations prohibiting “delivery” of ‘medical marijuana” and “medical cannabis products” (as defined in AB 266) as a business within the city.
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Cultivation (AB 243) AB 243 (Wood) prohibits cultivation of medical marijuana without first obtaining both a local license/permit/other entitlement for use and a state license. A person may not apply for a state license without first receiving a local license/permit/other entitlement for use.
A person may not submit an application for a state license if proposed cultivation will violate provisions of local ordinance or regulation or if medical marijuana is prohibited by city, county, or city and county either expressly or otherwise under principles of permissive zoning (Health & Safety 11372.777(b)).
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Cultivation (AB 243) However…If a city, county, or city and county does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under the principles or permissive zoning, or chooses not to administer a conditional permit program pursuant to this section, then commencing March 1, 2016, the state is the sole licensing authority for medical marijuana cultivation applicants (Health & Safety 11372.777(c)(4)). [March 1, 2016 deadline does not apply to cultivation for personal medical use within 100 square foot area/500 square foot area for primary care-taker].
Under a “permissive” zoning code, “any use not enumerated in the code is presumptively prohibited.” City of Corona v. Naulis (2008) 166 Cal.App.4th 418, 425 cited in County of Sonoma v. Superior Court (2010) 190 Cal.App.4th 1312, FN. 3
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Cultivation (AB 243) – Examples:
City #1: Municipal Code that expressly prohibits cultivation of marijuana: No need to take any action.
City #2: Municipal Code that expressly regulates (requires a permit or license or other entitlement) the cultivation of medical marijuana: No need to take any action.
City #3: Municipal Code that does not expressly prohibit or expressly regulate (requires a permit or license or other entitlement) to cultivate medical marijuana and is not a “permissive zoning” code. Need to take action (see next slide)
City #4: Municipal Code that is a “permissive zoning” code and does not enumerate cultivation of medical marijuana as a permitted or conditional use: Need to take action (see second slide following).
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Cultivation (AB 243) – Examples:
City #3 : What needs to be done before March 1, 2016?
City #3: Enact an ordinance. The Department of Food and Agriculture will be the sole licensing authority for the cultivation of medical marijuana within City #3 if City #3 does not have an ordinance either expressly prohibiting or expressly regulating the cultivation of medical marijuana before March 1, 2016. (Health & Safety Code 11362.777(c)(4). Second reading of an ordinance must occur by January 29, 2016 or a city may consider adopting an urgency ordinance pursuant to Government Code 36937).
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Cultivation (AB 243) – Examples:
City #4 : What needs to be done before March 1, 2016?
City #4: If City #4 prohibits the cultivation of medical marijuana “under principles of permissive zoning,” then the Department of Food and Agriculture may not issue a state license to cultivate medical marijuana within City #4. (Health & Safety Code 11362.777(b)(3)). However, the city still needs take action (see next slide).
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Cultivation - General Guidelines for Cities Check and confirm that your city’s zoning code is adopted and implemented under the principles of permissive zoning. If not, take action recommended for City #3.
If confirmed that your city’s zoning code is adopted and implemented under the principles of permissive zoning: Adopt a resolution that includes the following provisions: (1) States that H & S 11362.777(b)(3) states that Department of Food and Agriculture may not issue a state license to cultivate medical marijuana within a city that prohibits cultivation under principles of permissive zoning; (2) Re-affirms and confirms that the Zoning Code is adopted and operates under the principles of permissive zoning; (3) States this means that cultivation of marijuana is not allowed within City #4 because it is not expressly permitted and, (4) Therefore, the State is not allowed to issue a license for the cultivation of medical marijuana within City #4.
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Timeline for Implementation
None of the bills specify a timeline for implementation This is partly due to various departments being at different stages in terms of their readiness The rough timeline we have been given for state licensing to begin is January 2018 The more immediate timeline for locals to bear in mind is March 2016 regarding your cultivation ordinances
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Questions?
24 46 August 1, 2016 Item 11 MEDICAL MARIJUANA REGULATION AND SAFETY ACT1 What Cities Need to Know About the New Law and Cultivation
OVERVIEW CULTIVATION Here’s what you need to know: Here’s what you need to do: Local prohibition or regulation: Cities may prohibit Determine if your city fits within City #1 or City #2 as or regulate medical marijuana businesses within their described below: jurisdictions. Local authority remains intact under City #1: Municipal Code that does not expressly prohibit the new law. nor expressly regulate cultivation of medical marijuana and State license required: All medical marijuana is not a “permissive zoning” code. Need to take action. businesses – dispensary sales, delivery service, ACTION REQUIRED: Adopt a land use ordinance cultivation, transport or distribution – must have a regulating or prohibiting the cultivation of medical 2 State license . marijuana. The ordinance must be effective by February State license not enough: A medical marijuana 28, 2016. The ordinance may be adopted as an “urgency business in any city may only operate if it has ordinance,” or second reading must occur on or before permission from the State and permission from the January 29, 2016. city (“dual licensing”). City #2: Municipal Code that is a “permissive zoning” Enforcement: Revocation of local permission to code and does not enumerate cultivation of medical operate means a medical marijuana business must marijuana as a permitted or conditional use. Need to terminate operation because the new law requires take action. dual licensing. Upon approval of the State, a city may ACTION REQUIRED: (1) Check and confirm that your enforce State law. city’s zoning code is adopted and implemented under State law penalties for unlicensed activity: There the principles of permissive zoning. If not, take action are civil penalties and criminal penalties for operating recommended for City #1. (2) If confirmed, adopt a without a State license. resolution that includes the following provisions: States that Health & Safety Code section 11362.777(b)(3) CULTIVATION provides that the Department of Food and Agriculture Here’s what you need to know: may not issue a State license to cultivate medical marijuana within a city that prohibits cultivation under If your city does not have a land use ordinance in place principles of permissive zoning; regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under the principles Re-affirms and confirms that the Zoning Code of permissive zoning, or chooses not to administer a is adopted and operates under the principles of conditional permit program, then commencing March permissive zoning; 1, 2016, the State Department of Food and Agriculture States this means that cultivation of marijuana is not will be the sole licensing authority for medical marijuana allowed within City #2 because it is not expressly cultivation applicants. permitted; and Therefore, the State is not allowed to issue a license for the cultivation of medical marijuana within City #2. 1 AB 266 (Bonta, Cooley, Jones-Sawyer, Lack, Wood); AB 243 (Wood); and SB 643 (McGuire). Effective 1/1/2016. Be sure to consult with your city attorney before taking any 2 The Department of Consumer Affairs estimates it will begin of the actions recommended in this document. issuing State licenses in January 2018. The Department of Food and Agriculture and the Department of Public Health also have licensing authority under the new law. Businesses operating in compliance with local ordinances will get priority in the State licensing application process.
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47 August 1, 2016 Item 11 MEDICAL MARIJUANA REGULATION AND SAFETY ACT1 What Cities Need to Know About the New Law and Delivery Services
OVERVIEW DELIVERY Here’s what you need to know: Here’s what you need to do: Local prohibition or regulation: Cities may prohibit Determine whether your city currently bans delivery or regulate medical marijuana businesses within their services for medical marijuana. jurisdictions. Local authority remains intact under If you have a ban, determine whether it is an express the new law. ban, or a ban enacted via permissive zoning (i.e., it is State license required: All medical marijuana not listed in your zoning or other codes as a permitted businesses – dispensary sales, delivery service, activity within the city limits). cultivation, or transport – must have a State license2. If you have an express ban specifically identifying State license not enough: A medical marijuana marijuana deliveries as a prohibited activity, you do not business in any city may only operate if it has need to take further action. permission from the State and permission from the If you wish to prohibit delivery services but do not have city (“dual licensing”). an express ban, you need to take further action. Enforcement: Revocation of local permission to ACTION REQUIRED: Adopt an ordinance expressly operate means a medical marijuana business must banning deliveries within your jurisdiction. If you do not terminate operation because the new law requires adopt an express ban ordinance before the State begins dual licensing. Upon approval of the State, a city may issuing any State licenses, a State-licensed dispensary enforce State law. will be able to deliver medical marijuana within your State law penalties for unlicensed activity: There jurisdiction. You may adopt an ordinance expressly are civil penalties and criminal penalties for operating banning deliveries after the State begins to issue without a State license. licenses. However, it may be difficult to terminate the State licensee’s deliveries at that time. Therefore, best DELIVERY practice is for an ordinance to be in place before the State begins issuing State licenses. The State currently Here’s what you need to know: estimates that it will begin issuing dispensary licenses If a city does not expressly prohibit the delivery of in January 2018, but that could certainly happen sooner. medical marijuana within its jurisdiction, delivery will be allowed (with a State dispensary license). This means A ban enacted via permissive zoning is not an that if your city wishes to prohibit the delivery of medical express ban. marijuana within its jurisdiction, the city must adopt an Be sure to consult with your city attorney before taking any ordinance expressly prohibiting delivery services and of the actions recommended in this document. mobile dispensaries.
1 AB 266 (Bonta, Cooley, Jones-Sawyer, Lack, Wood); AB 243 (Wood); and SB 643 (McGuire). Effective 1/1/2016. 2 The Department of Consumer Affairs estimates it will begin issuing State licenses in January 2018. The Department of Food and Agriculture and the Department of Public Health also have licensing authority under the new law. Businesses operating in compliance with local ordinances will get priority in the State licensing application process.
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Frequently Asked Questions (FAQs)
1 Medical Marijuana Regulation and Safety Act
Topic #1: Cultivation
The State will be the sole licensing authority for the commercial cultivation of medical marijuana unless a city adopts land use regulations or ordinances regulating or prohibiting the cultivation of marijuana -- either expressly or otherwise under the 2 principles of permissive zoning -- prior to March 1, 2016.
1. Question: If a city wants to enact a total ban on cultivation, can the ban include cultivation for personal use?
Answer: Yes. Under Live Oak3, a city can ban all marijuana cultivation -- even cultivation of small amounts by qualified patients. The Live Oak ban had no exceptions for personal use by a qualified patient. The new legislation does not change the law in this regard.
2. Question: Must a city’s ordinance prohibiting cultivation make an exception for 4 personal medical marijuana cultivation of up to 6 mature or 12 immature plants?
Answer: No. In the Live Oak case, the California Court of Appeal upheld the city’s total ban on all marijuana cultivation. That authority is preserved under the new legislation.
3. Question: Is a person who cultivates marijuana for his or her personal medical use required to get a cultivation license from the State?
1 AB 266 (Bonta, Cooley, Jones-Sawyer, Lack, Wood); AB 243 (Wood); and SB 643 (McGuire). Effective 1/1/2016. Please consult your City Attorney before taking action to implement the MMRSA. The answers to these FAQs may be different in your city based upon your municipal code, regulations, and policies. The answers do not constitute legal advice from the League of California Cities®. 2 Health & Safety 11362.777(c). 3 Maral v. City of Live Oak (2013) 221 Cal.App.4th 975. 4 Health & Safety Code 11362.77 allows a qualified patient to cultivate 6 mature or 12 immature plants without criminal liability.
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Answer: No, if the area used for cultivation does not exceed 100 square feet, or 500 square feet for a primary caregiver with no more than five patients.5 If the areas exceed these limits, then a State license is required. The exemption from the State licensing requirements does not prevent a city from regulating or banning cultivation by persons 6 exempt from State licensing requirements.
4. Question: Can a city prevent the State from becoming the sole licensing authority for cultivation by adopting an ordinance that permits the cultivation of six plants per residence prior to March 1, 2016?
Answer: Yes. The State becomes the sole licensing authority for cultivation as of March 1, 2016 if a city does not have a land use regulation or ordinance “regulating or prohibiting the cultivation of marijuana.” An ordinance permitting cultivation under certain specific conditions (not more than six plants per residence) is an ordinance “regulating” marijuana cultivation and therefore qualifies. However, in order to be completely clear, the City Attorney may wish to determine whether it is advisable to prohibit all other types of cultivation as part of the ordinance.
5. Question: Must the cultivation prohibition be adopted as part of a city’s zoning code? Could it be adopted instead under the city’s business licenses and regulations?
Answer: It’s not possible to answer “yes” or “no.” AB 243 requires a “land use regulation or ordinance.” Whether the phrase “land use” requires a zoning ordinance is a question for the city attorney to answer based on the particular language of the city’s municipal code.
6. Question: Can a city ban large growers but still allow qualified patients to cultivate a small amount of medical marijuana in their private residences?
Answer: Yes. There’s nothing in the legislation that requires a total ban. The most important consideration is to clearly identify cultivation that is prohibited and cultivation that is allowed and to do so before March 1, 2016.
7. Question: Is a temporary land use moratorium (under Government Code section 65858) on medical marijuana cultivation that is effective in a city by March 1, 2016 sufficient to prevent the State from having sole licensing authority under the new law for medical marijuana cultivation applicants in that city?
5 Business & Professions Code 19319; Health & Safety 11362.777(g). 6 Health & Safety Code 11362.777(g).
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Answer: Probably not. The new law requires a land use regulation or ordinance that prohibits or regulates cultivation. Because a moratorium adopted under Government Code 65858 would only temporarily prohibit cultivation, it may not qualify as a land use ordinance that “prohibits” cultivation.
8. Question: Can a local medical marijuana cultivation ordinance be enacted on an urgency basis in order to comply with the March 1, 2016 deadline in the new legislation?
Answer: Yes, with urgency findings relating to the statutory deadline.
Topic #2: Delivery
Deliveries of medical marijuana can only be made by a State-licensed dispensary in a city that does not explicitly prohibit deliveries by local ordinance. If a city wants to prevent deliveries within its jurisdiction, it must adopt an ordinance expressly prohibiting 7 them.
9. Question: Is there a deadline for adopting an ordinance explicitly prohibiting deliveries?
Answer: There is no deadline in the new law. However, best practice would be to adopt the ordinance prior to the date the State begins issuing licenses allowing deliveries so as to reduce the risk of confusion and to avoid the process of requesting the State to terminate the operations of a dispensary making deliveries within the city. The legislation does not specify a deadline for the State to begin issuing any category of license. The State is generally expected to begin issuing licenses on January 1, 2018, but it could begin sooner.
10. Question: What are the quantities that delivery services will be authorized to transport?
Answer: The amount that local delivery services will be authorized to carry will be determined by the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs. The determination will be based on security considerations, cash value, and other factors. The amount will be a statewide threshold, authorized for delivery primarily to patients, primary caregivers, and testing labs. Larger amounts will not be considered “delivery” but rather “transport” triggering heightened security requirements while the product is being moved.
7 Health & Safety 19340.
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Topic 3: Dispensaries and Retail Operations
11. Question: Will cities still be able to ban dispensaries?
Answer: Yes. Cities currently have the ability to enact bans on dispensaries and other marijuana retail operations. The new law will not change that, and in fact requires a local permit and a State license before a marijuana business can begin operations within a specific jurisdiction. Cities will retain the discretion to deny permits or licenses to marijuana dispensaries.
12. Question: Can a city allow dispensaries and prohibit delivery services?
Answer: Yes. But cities should be aware that if they wish to prohibit delivery services, an ordinance prohibiting delivery services is required.
Topic #4: Other Questions
13. Question: Does the new legislation make any distinction between “not-for-profit” and “for profit” medical marijuana businesses?
Answer: No. There is no distinction in the new legislation between medical marijuana businesses that operate “for profit” and those that operate on a “not-for-profit” basis. The new law does not mandate that dispensaries or other businesses operate under either business model.
14. Question: Are marijuana edibles covered under the new legislation? Is there a separate designation for them under the new law, with additional State regulatory requirements?
Answer: The new legislation directs the State Department of Public Health (DPH) to develop standards for the production and labeling of all edible medical cannabis products (Business & Professions Code section 19332(c)). A license is required from DPH to “manufacture” edibles. The DPH standards are “minimum standards.” A city may adopt additional stricter standards, requirements and regulations regarding “edibles” (Business & Professions Code section 19316(a)). Cities also retain their ability to license and regulate edible sales or distribution.
15. Question: The new law says: "upon approval of the state, cities may enforce state law". If an existing medical marijuana dispensary does not have both licenses (State and city), then must a city wait for the State to approve shutting the dispensary down
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before a city can cite the dispensary or otherwise seek to shut it down under the city’s ordinances and regulations?
Answer: No. A city may enforce its own ordinances and regulations against the dispensary since a medical marijuana dispensary cannot operate lawfully unless it complies with all local ordinances and regulations.
16. Question: Does a P.O. Box qualify as a medical marijuana business location? Is that considered a “use” in a city?
Answer: The answer to this question depends upon a city’s municipal code. The State law prohibits a person from engaging in commercial cannabis activity without possessing both a State license and a local permit, license or other authorization. A State licensee may not commence activity under the authority of a State license until the applicant has complied with all requirements of the applicable local ordinance (Business & Professions Code section19320). A city’s municipal code will determine whether a “use” includes a post office box.
17. Question: Does the new law address extraction of THC, butane or other substances from marijuana?
Answer: The new law does not specifically address the issue of extraction at all – other than to acknowledge very generally that extraction falls within the definition of manufacturing, and that medical marijuana or a product derived from it may contain extracts.
18. Question: Since patients and primary caregivers are exempt from the licensing requirement under specified circumstances, how will that work if they are also owners of a dispensary or cultivation site?
Answer: A primary caregiver or qualified patient who seeks to operate a dispensary or cultivation site is subject to the same State licensing requirements and local permitting requirements as any other person.
19. Question: What types of medical marijuana businesses require a State license?
Answer: The new law creates six State licensing categories: Dispensary, Distributor, Transport, Cultivation, Manufacturing, and Special Dispensary Status for licensees who have a maximum of three dispensaries. Any person or entity wishing to operate under a State license must also comply with all local requirements.
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20. Question: Several initiative measures to legalize recreational marijuana have been filed with the Attorney General in advance of the November 2016 ballot. Should a city be considering prohibiting or regulating recreational marijuana at this time?
Answer: No. The new law does not address recreational use of marijuana. It adds a licensing structure for businesses that wish to serve those qualified patients and primary caregivers who use medical marijuana for their personal use. The League of California Cities is following the various recreational marijuana initiative measures that have been filed with the Attorney General. There is no need for a city to take any action at this time. If a city is interested in following these measures, more information can be found at: https://www.oag.ca.gov/initiatives/active-measures.
21. Question: Does the new law protect the privacy of patients and primary caregivers?
Answer: Yes. Patient and primary caregiver information is confidential and not subject to disclosure under the California Public Records Act, except as necessary for employees of the State or any city to perform official duties.
22. Question: Is there a provision in the new law giving business operators priority for State licensing if they can show that they are in compliance with local ordinances? If so, what is the purpose of this provision?
Answer: Yes. The State licensing authority is required to prioritize any facility or entity that can demonstrate to the authority’s satisfaction that it was in operation and in good standing with the local jurisdiction by January 1, 2016. This provision is intended as an incentive for business operators to be in compliance with local ordinances, to ease any difficulties local governments may have in launching their local regulatory structures, and to help expedite the initial phase of issuing state licenses.
23. Question: Does the new law address food trucks that sell marijuana edibles?
Answer: No. The operation of food trucks are within the control and regulation of cities and county health departments.
PLEASE NOTE: This document will be updated periodically, as needed, and will remain available at www.cacities.org. As noted above, each city should consult with its city attorney on all of these issues. The answers to these FAQs do not constitute legal advice from the League of California Cities®.
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54 August 1, 2016 Item 11 Attachment C LAO
December 7, 2015
Hon. Kamala D. Harris DEC O7 2015 Attorney General INITIATIVE 1300 I Street, 17th Floor ATTORNEY Sacramento, California 95814
Attention: Ms. Ashley Johansson Initiative Coordinator
Dear Attorney General Harris:
Pursuant to Elections Code Section 9005, we have reviewed the proposed statutory initiative related to the cultivation, use, possession, and sale of marijuana (A.G. File No. 15-0085, Amendment # 1).
Background State Law and Proposition 215. Under current state law, the possession, cultivation, or distribution of marijuana generally is illegal in California. Penalties for marijuana-related activities vary depending on the offense. For example, possession ofless than one ounce of marijuana is an infraction punishable by a fine, while selling marijuana is a felony and may result in a jail or prison sentence. In November 1996, voters approved Proposition 215, which made it legal under state law for individuals of any age to cultivate and possess marijuana in California for medical purposes only, specifically with a recommendation from a licensed physician. In 2003, the Legislature authorized the formation of medical marijuana cooperatives, which are nonprofit organizations of medical marijuana users that cultivate and distribute marijuana to their members through outlets known as dispensaries. State law also gives cities and counties the discretion to regulate the location and operation of such facilities. State and local governments currently collect sales tax on medical marijuana. A small number of cities also impose additional taxes on medical marijuana sales. We estimate that the total amount of state and local revenue collected statewide from the above taxes likely is in the high tens of millions of dollars annually. In 2015, the Legislature passed and the Governor signed legislation to regulate the commercial medical marijuana industry, creating the Bureau of Medical Marijuana Regulation within the Department of Consumer Affairs as the lead enforcement agency. Under the legislation (effective January 2016), medical marijuana cooperatives will be phased out within a few years and replaced by state-licensed businesses that cultivate and distribute medical
Legislative Analyst's Office California Legislature Mac Taylor • Legislative Analyst 925 L Street, Suite 1000 • Sacramento CA 95814 (916) 445-4656 • FAX 324-4281
55 August 1, 2016 Item 11 Hon. Kamala D. Harris 2 December 7, 2015
marijuana. Local governments will continue to have the authority to regulate the location and operation of such businesses. The legislation also requires the state to set standards for labeling, testing, and packaging medical marijuana products and to develop a system to track such products throughout the supply chain. Federal Law. Federal laws classify marijuana as an illegal substance and provide criminal penalties for various activities relating to its use. These laws are enforced by federal agencies that may act independently or in cooperation with state and local law enforcement agencies. The U.S. Supreme Court ruled in 2005 that federal authorities could continue under federal law to prosecute California patients and providers engaged in the cultivation and use of marijuana for medical purposes. Despite having this authority, the current policy of the U.S. Department of Justice (DOJ) is not to prosecute marijuana users and businesses that act in compliance with state and local marijuana laws so long as those laws are written and enforced in a manner that upholds federal priorities. These priorities include ensuring that marijuana is not distributed to minors or diverted from states that have legalized marijuana to other states.
Proposal This measure changes state law to legalize the possession, cultivation, and sale of marijuana. Despite these changes to state law, activities related to the use of marijuana would continue to be prohibited under federal law. State Legalization ofMarijuana-Related Activities. Under the measure, individuals age 21 or over could legally possess, sell, transport, process, and cultivate marijuana under state law. However, certain marijuana-related activities would remain illegal. For example, it would remain unlawful for individuals to (1) operate a motor vehicle while under the impairment of marijuana, (2) divert marijuana to another state, or (3) provide marijuana to individuals under the age of 21. The measure also provides various protections for individuals that lawfully use marijuana. For example, the measure states that no individual can be denied employment or a license or permit (such as a professional license) for engaging in lawful marijuana-related activities, with the exception of individuals in certain occupations, such as those in safety-sensitive occupations (including airplane pilots and train conductors). Regulation of Commercial Marijuana Activities. This measure establishes the Cannabis Control Commission to regulate the commercial cultivation, processing, distribution, and sales of marijuana. The measure states that (1) it shall supersede all existing laws or regulatory schemes related to commercial marijuana activities and (2) neither the Legislature nor local governments shall further regulate the use or distribution of marijuana beyond the regulations established in the measure or by the commission. However, the measure states that local governments shall not be prevented from enforcing local zoning and nuisance laws on marijuana businesses so long as they do not conflict with the measure. Individuals or organizations engaging in commercial cultivation, processing, transportation, distribution, or sales of marijuana would be required to
56 August 1, 2016 Item 11 Hon. Kamala D. Harris 3 December 7, 2015
I pay various fees and obtain a certificate from the commission. For example, marijuana II !! ! cultivators with annual net sales of $500,000 or more would be required to pay a $10,000 flat fee 1, ,,fl and an additional $150 per 100 square feet of marijuana cultivated. i Under the measure, until regulations are implemented by the commission, existing medical I marijuana dispensaries that are at least 600 feet from K-12 schools (current state requirement) would be exempt from any enforcement actions with respect to local zoning ordinances. In I addition, all existing and future medical marijuana dispensaries would not be required to obtain a t certificate from the commission in order to operate. The measure also authorizes the commission to monitor compliance with its regulations; investigate suspected violations; and restrict, suspend, or.revoke business certificates of violators. In addition, the measure requires the commission to establish and maintain a repository of all reasonably available genetic strains of the marijuana plant. The measure allows any person who is denied a marijuana business certificate to appeal to a state trial court for judicial review. In addition, any business whose certificate is limited, suspended, or revoked could appeal directly to the Sacramento County Superior Court for judicial review. The measure also gives the commission the authority to require state and local law enforcement agencies to provide it with any materials related to an investigation or prosecution of an individual for a violation of any law related to marijuana. · Taxation of Commercial Marijuana Sales. The measure states that existing state and local sales taxes shall be applied to marijuana sold for recreational use. In addition, the measure states that the Legislature could place excise taxes on the retail sale of recreational marijuana products. Under the measure, any excise tax on retail sales, or any combination of such taxes, would be initially limited to 10 percent of the retail price of marijuana products. After three years, the measure states that the Legislature could increase the tax up to 1 percent annually to a maximum of 15 percent. In addition, the Legislature could place an excise tax on the bulk storage of marijuana products of up to 10 percent of the wholesale price provided that the tax is only applied to amounts exceeding 100 pounds of dry weight or 10 gallons of liquid. The measure states that no taxes other than those specified by the measure shall be imposed on marijuana sold for recreational use. Moreover, the measure states that marijuana sold for medical or dietary purposes shall be exempt from any sales, use, and excise tax. Revenues collected from any marijuana excise taxes, as well as certain fines or fees imposed by the commission, would be deposited in a new special fund, the Cannabis Public Benefit Fund. According to the measure, monies deposited in the fund would first be used to reimburse administrative costs to collect the excise tax. The measure also states that 10 percent of the revenues deposited in the fund would be allocated annually for each of the following: (1) state colleges and universities; (2) public K-12 schools; (3) water conservation and environmental restoration; ( 4) drug abuse research, education, and treatment, including marijuana impairment studies; (5) fire, police, and sheriffs services; (6) cities and counties that do not ban storefront
57 August 1, 2016 Item 11 Hon. Kamala D. Harris 4 December 7, 2015
cannabis retailers; (7) marijuana research and support of a marijuana genetic repository; and (8) nonprofit entities dedicated to promoting racial equality for minority citizens. The measure also allocates $7.5 million annually (adjusted biennially for inflation) to support the operations of the commission. The measure requires that at least 67 percent of the total amount allocated as described above ( excluding expenditures to administer the tax) be appropriated to counties, cities, or special districts. Any funds not allocated for the above purposes would be spent on public education including preschool, K-12, and community college. The measure authorizes the Legislature and Governor to determine the specific recipients within the categories described above. Zoning Restrictions/or Marijuana Businesses. The measure prohibits (1) the establishment of storefront marijuana businesses within 600 feet of any K-12 school; (2) outdoor commercial marijuana cultivation on land zoned exclusively for residential use, unless approved by a local government; and (3) indoor commercial marijuana cultivation on land not zoned for industrial, agricultural, or commercial use. The measure allows governments in small cities and counties (fewer than 10,000 residents) to permanently ban storefront marijuana businesses. Governments in medium-sized cities and counties (between 10,000 and 25,000 residents) could permanently limit the number of storefront marijuana businesses to one. Governments in large cities and counties (more than 25,000 residents) could permanently limit the number of storefront marijuana businesses to two per 25,000 residents. However, medium-sized and large cities and counties could further restrict, or completely ban, such storefront businesses, as well as any other marijuana businesses, with voter approval. Marijuana Cultivation/or Personal Use. Under the measure, the cultivation of marijuana for personal use would only be allowed in a locked area on private property. The measure authorizes the commission or local neighborhoods to limit the amount that could be cultivated. Authorization of Civil and Criminal Penalties. Under the measure, an individual who violates any provision of the measure or any regulation established by the commission would be subject to certain fines and penalties. For example, violators would be subject to a civil fine of up to $10,000 per violation. Violators could also be charged with a misdemeanor crime if they are found to have knowingly and willfully committed a violation. Similarly, the measure states that the following activities are crimes punishable either with a fine, or as a misdemeanor, felony, or by a requirement to attend a marijuana education program that each county would be required to establish: (1) the diversion of marijuana to other states; (2) marijuana-related activity used as a cover for the trafficking of illegal drugs or other illegal activity; (3) the use of violence, coercion, or duress in the unlawful cultivation or distribution of marijuana; ( 4) gross pollution or environmental destruction caused by unlawful cultivation of marijuana; and (5) unlawfully providing non-medicinal marijuana to an individual under the age of 21.
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Fiscal Effects The provisions of this measure would affect both costs and revenues for state and local governments. The magnitude of the these effects would depend upon (1) how, and to what extent, state and local governments choose to regulate and tax the commercial production and sale of marijuana, (2) future consumption by marijuana users, and (3) the extent to which the U.S. DOJ exercises its discretion to enforce federal prohibitions on marijuana activities otherwise permitted by this measure. Thus, the potential revenue and expenditure impacts of this measure described below are subject to considerable uncertainty. Reduction in Various Criminal Justice Costs. The measure would result in reduced costs to the state and local governments by reducing the number of marijuana offenders incarcerated in state prison and county jail, as well as the number placed under community supervision (such as county probation). In addition, the measure would result in a reduction in state and local costs for the enforcement of marijuana-related offenses and the handling of related criminal cases in the state court system. These reductions would be slightly offset by an increase in costs to state and local governments to provide training, as required by the measure, to all state law enforcement agents on marijuana legalization. In total, we estimate that the net reduction in state and local criminal justice costs from the above changes could range from the tens of millions of dollars to potentially exceeding $100 million annually. In many cases, however, these resources would likely be redirected to other law enforcement and court activities. Other Fiscal Effects on State and Local Programs. The measure could also have fiscal effects on various other state and local programs. For example, the measure could result in an increase in the consumption of marijuana, potentially resulting in an unknown increase in the number of individuals seeking publicly funded substance use treatment. However, any additional costs could be partially or entirely offset by additional funding that would be available for substance use treatment if the state levied an excise tax on marijuana sales. This measure could also potentially reduce both the costs and offsetting revenues of the state's Medical Marijuana Program, a patient registry that identifies those individuals eligible under state law to legally purchase and consume marijuana for medical purposes .. This is because individuals could legally possess marijuana under the measure without participating in the Medical Marijuana Program. In addition, the measure would result in costs for the state to regulate the commercial production and sale of marijuana and to establish and maintain a marijuana genetic repository. These costs would vary depending on how, and to what extent, the state chooses to implement the above regulations but would be unlikely to exceed several tens of millions of dollars annually. Eventually these costs could be partially or entirely offset by revenues deposited in the Cannabis Public Benefit Fund. In addition, the measure could result in costs to state trial courts from hearing appeals from marijuana businesses aggrieved by the commission's decisions. The magnitude of these costs are unknown as they would depend on the number of appeals filed in response to the commission
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decisions. The measure could also result in costs to state and local law enforcement agencies related to providing the commission with materials related to marijuana investigations or prosecutions, depending on the amount and type of information the commission requests from law enforcement. Moreover, the measure would result in costs to counties to create and administer marijuana education programs. However, these costs would be largely offset by fees charged to program participants. Effects on State and Local Revenues. State and local governments would receive additional revenues, such as sales taxes from recreational marijuana sales permitted under this measure. This is largely because many individuals who are currently purchasing marijuana illegally could begin purchasing it legally under state law at businesses that collect sales taxes. In addition, state and local governments could also receive revenue from excise taxes, if such taxes were enacted by the Legislature. As noted earlier, the revenues derived from any excise tax imposed by the Legislature would be deposited in the Cannabis Public Benefit Fund to benefit various programs including education, public safety, and drug abuse education and treatment. However, since the measure prohibits sales and use taxes on medical and dietary marijuana products, these revenues would be partially offset by the loss of sales tax currently collected on medical and dietary marijuana sales. In addition, the measure could result in an increase in taxable economic activity in the state, as businesses and individuals currently producing and selling marijuana illegally could begin doing so legally under state law and pay personal income and corporation taxes. Moreover, the measure would increase economic activity in the state to the extent that out-of-state consumers (such as tourists) redirect spending into the state. In total, our best estimate is that the state and local governments could eventually collect net additional revenues of potentially up to several hundred million dollars annually, which assumes the enactment of an excise tax. The potential revenues could be substantially less if a significant portion of consumers purchase marijuana for medical rather than recreational use since the measure exempts medical marijuana from excise and sales and use taxes. Effects on Fine and Asset Forfeiture Revenues. The measure could reduce state and local revenues from the collection of the fines established in current law for marijuana offenses and the assets that are forfeited in some criminal marijuana cases. We estimate that these revenues could amount to millions or low tens of millions of dollars annually. This could be somewhat offset, however, by additional fine revenue generated from the new penalties created by the measure (such as for violating regulations established by the commission). Summary of Fiscal Effects. We estimate that this measure would have the following major fiscal effects, which could vary considerably depending on (1) how, and to what extent, state and local governments choose to regulate and tax the commercial production and sale of marijuana, (2) future consumption by marijuana users, and (3) the extent to which the U.S. Department of
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Justice exercises its discretion to enforce federal prohibitions on marijuana activities otherwise permitted by this measure. • Net reduced costs ranging from tens of millions of dollars to potentially exceeding $100 million annually to state and local governments related to enforcing certain marijuana-related offenses, handling the related criminal cases in the court system, and incarcerating and supervising certain marijuana offenders. • Net additional state and local tax revenues of potentially up to several hundred million dollars annually related to the production and sale of marijuana, most of which would be required to be spent for specific purposes such as education, public safety, and drug abuse education and treatment.
Sincerely,
~ Mac Taylor Legislative Analyst
61 August 1, 2016 Item 11 Attachment C
City of San Jose
The City of San Jose’s medical marijuana ordinance (Chapter 6.88 – “Medical Marijuana”; included within this attachment) regulates collectives (i.e. dispensaries/commercial distribution facilities), which includes: registration and associated fees, random inspections by a city official, mandatory security procedures, record-keeping requirements, and audits. The ordinance allows for indoor commercial cultivation only, but also permits personal cultivation as allowed under state law (i.e. qualified patients and primary caregivers only). Additionally, the ordinance prohibits deliveries (except those made by primary caregivers for qualified patients) and mobile dispensaries. For full details on the regulations established under this ordinance, please refer to the full ordinance.
City of San Diego
The City of San Diego currently regulates dispensaries, and personal cultivation and possession. The regulation of dispensaries (a.k.a. “collectives” and “cooperatives”) within San Diego can be found in Chapter 4, Article 2, Division 15 (“Medical Marijuana Consumer Cooperatives”) of the City’s Municipal Code (included in this attachment). Medical marijuana consumer cooperatives (defined as, “…[facilities] where marijuana is transferred to qualified patients or primary caregivers in accordance with the Compassionate Use Act of 1996 and the Medical Marijuana Program Act”) are permitted through a Medical Marijuana Consumer Cooperative Permit (MMCCP) and Conditional Use Permit (CUP). The CUP must be obtained first. Applications for a MMCCP are processed via the Development Services Department, are valid for one (1) year, and require a permit fee for the cost recovery of processing and regulating these cooperatives. Collectives cannot operate for profit, and a background check is performed by the City on all responsible persons associated with the collective. Packaging and labeling is also regulated by this ordinance. Additionally, these collectives are only permitted within certain commercial and industrial zones, and are not allowed within 1,000 feet of public parks, churches, schools, and other similar public uses. (Please reference Information Bulletin 170 for a complete list of restrictions).
Personal cultivation and possession of up to one (1) pound of marijuana by a qualified patient or caregiver are both allowed, subject to compliance with Chapter 4, Article 2, Division 13 (“Medical Marijuana Regulations: Patients And Caregivers”; attached).
Deliveries of medical marijuana are not addressed in the City of San Diego’s Municipal Code. Per state regulations, if a municipality is silent on medical marijuana deliveries it means those operations are subject to only state regulations. California Health & Safety Code Section 11362.768 allows for “mobile retail outlets” (i.e. commercial delivery services), amongst other medical marijuana operations, to operate, so long as they are not located within 600 feet of a school.
62 August 1, 2016 Item 11 City of Emeryville
The City of Emeryville regulates dispensaries (which are required to operate under a special permit, granted for one calendar year, and are processed and issued by the Chief of Police), and prohibits marijuana cultivation, processing, and other forms of distribution. Only deliveries by primary caregivers and dispensaries that have secured a permit from the Chief of Police are permitted. Applicants and permittees are required to pay applicable fees as set forth in the City’s Master Fee Schedule (attached), in addition to the amount as prescribed by the Department of Justice of the State of California for the processing of fingerprints. Chapter 5 (“Marijuana”) of the City of Emeryville’s Municipal Code is included in this attachment.
City of Gustine
The City of Gustine prohibits all medical marijuana dispensaries and all commercial cultivation of marijuana, with the exception of deliveries to private properties only. Delivery and transportation services are required to obtain a business license. Deliveries of medical marijuana can only be delivered to the residence of a medical card holder (i.e. a qualified patient, pursuant to the Compassionate Use Act of 1996), which delivery drivers are required to verify prior to completion of delivery. The City of Gustine establishes these medical marijuana use restrictions within Chapter 8 (“Medical Marijuana Dispensaries, Commercial Cultivation Regulations, and Deliveries”) of the Municipal Code (attached).
City of Capitola
All medical marijuana uses are prohibited by the City of Capitola, with the exception of limited indoor cultivation for personal use by qualified patients and primary caregivers only. This indoor cultivation for personal use is permitted only within a residential unit, garage, or a self-contained outside accessory building that is secured, locked, and fully enclosed. Additional restrictions on indoor cultivation for personal are included within Chapter 9.61 (“Medical Marijuana Processing and Cultivation”) of the City of Capitola’s Municipal Code (attached). These restrictions are very similar to the ones provided for in Section 30.85.300 (Exemptions) of Del Mar’s adopted urgency ordinance (Chapter 30.85 of the Municipal Code).
63 August 1, 2016 Item 11 City of Capitola
Chapter 9.61
MEDICAL MARIJUANA PROCESSING AND CULTIVATION
Sections:
9.61.010 Findings.
9.61.020 Purpose and intent.
9.61.030 Definitions.
9.61.040 Prohibited activities.
9.61.050 Prohibited activities declared a public nuisance.
9.61.060 Penalties for violation.
9.61.070 Severability.
9.61.010 Findings.
The city council of the city makes the following findings:
A. In 1996, the voters of the State of California approved Proposition 215, also known as the Compassionate Use Act (CUA), codified at California Health and Safety Code Section 11362.5 et seq.
B. On January 1, 2004, S.B. 240, known as the “Medical Marijuana Program” (MMP) (codified at Health and Safety Code Sections 11362.7 through 11362.83) went into effect to clarify the scope of the CUA.
C. The CUA is limited in scope in that it only provides a defense from criminal prosecution for possession and cultivation of marijuana to qualified patients and their primary caregivers. The MMP is also limited in scope in that it establishes a statewide identification program and affords qualified patients, persons with identification cards and their primary caregivers an affirmative defense to certain enumerated criminal sanctions that would otherwise apply to transporting, processing, administering or distributing marijuana.
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D. Neither the CUA nor the MMP require or impose an affirmative duty or mandate upon local governments, such as the city of Capitola, to allow, authorize or sanction the establishment and the operation of facilities cultivating or processing medical marijuana within its jurisdiction.
E. The CUA expressly anticipates the enactment of additional local legislation, providing: “[n]othing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.” (California Health and Safety Code, Section 11362.5(b)(2).)
F. On May 6, 2013, the California Supreme Court issued its decision in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc., holding that cities have the authority to ban medical marijuana uses within their boundaries and prohibit any use that constitutes a violation of state or federal law.
G. Marijuana remains an illegal substance under the Federal Controlled Substances Act, 21 U.S.C. 801 et seq., which makes it unlawful for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense marijuana. The Federal Controlled Substances Act contains no statutory exemption for the cultivation of marijuana for medical purposes. In addition, the possession, possession for sale, cultivation, processing, transportation, importation, and distribution of marijuana generally still constitutes a crime in California pursuant to California Health and Safety Code Sections 11357 through 11361.
H. On June 6, 2005, the United States Supreme Court held, in Gonzales v. Raich, that Congress has the authority under the Commerce Clause of the United States Constitution, and has the power under the Federal Controlled Substances Act, to prohibit local cultivation, processing and use of marijuana even though it would be in compliance with California law.
I. Some of the documented problems with the cultivation and processing of marijuana include offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent encounters between growers and persons attempting to steal plants, fire hazards and problems associated with mold, fungus, and pests. In a small (1.676 square miles), densely developed city such as the city of Capitola, comprised for the most part of small parcels with minimum setbacks, a proportionally significant number of mobile home spaces, and industrial, commercial, public facility and residential land uses in extremely close
65 August 1, 2016 Item 11 proximity to one another with few buffer areas of separation, the nuisance impacts of the type herein delineated would be substantially intensified to the detriment of the city’s residents, workers, businesses and visitors.
J. The city has experienced firsthand the secondary impacts associated with marijuana cultivation and processing when, in September 2004, the Capitola police department investigated an attempted murder which included a robbery and an assault on a person with a firearm over a large amount of processed marijuana and marijuana under cultivation found within a city residence. Most recently, on December 27, 2013, the city experienced impacts associated with marijuana cultivation and distribution when the Capitola police department investigated an attempted murder with a firearm during a marijuana sale on Capitola Road. During that incident, a noncity resident, who was apparently attempting to sell marijuana, was shot twice and transported by helicopter to a hospital.
K. Due to the city’s small size and the proximity of various uses to one another, any public nuisance within the city has the potential to adversely impact the entire community regardless of where the nuisance occurs.
L. On December 16, 2013, a building permit application was submitted on behalf of the 200 Kennedy Drive property owner seeking city authorization to proceed with structural, electrical and plumbing improvements to a warehouse building on those premises intended to facilitate the warehouse’s use as an industrial/commercial medical marijuana cultivation, processing and warehouse facility which the property owner contends is a principally permitted agricultural use of the warehouse in the industrial zone in which the warehouse is located. For the reasons set forth in the foregoing findings the proposed medical marijuana-related use of the warehouse is both illegal and a public nuisance. The city council finds that the public nuisance threatened by that proposed use is particularly accentuated in this instance in light of the fact that Cabrillo Mobile Home Estates, a tightly compacted mobile home community, comprised of over fifty mobile home residences, directly abuts the 200 Kennedy Drive property and the community’s numerous residents would be immediately and adversely impacted by the public nuisance posed by this particular cultivation/processing/warehouse use. In December 20, 2013, correspondence with the property owner as well as in other verbal communications with the property owner, community development department staff members have advised the property owner that the proposed medical marijuana-related use is prohibited by the city’s municipal code. The property owner, in response, contends, based upon his consultation with legal counsel, that the proposed use is sanctioned by both the city’s municipal code and state law and that accordingly he intends to proceed with his intended use of the property.
66 August 1, 2016 Item 11 M. Because the potential risks posed by the proposed medical marijuana-related use to the health, safety and welfare of city residents, especially those residents in the mobile homes located in the adjacent Cabrillo Mobile Home Estates mobile home park, are so great, current and immediate, the city council finds that there is an urgent need to adopt an ordinance which will go into effect immediately and which will unequivocally and clearly provide that medical marijuana cultivation and processing in the city in the manner here proposed by the property owner, already generally prohibited as illegal activity and a public nuisance, is also specifically and explicitly prohibited in the city of Capitola. (Ord. 989 § 1 (part), 2014)
9.61.020 Purpose and intent.
A. It is the purpose and intent of this chapter to promote the health, safety, and general welfare of the residents and businesses within the city by regulating the cultivation and processing of medical marijuana.
B. Nothing in this chapter shall be construed to:
1. Allow persons to engage in conduct that endangers others or causes a public nuisance;
2. Allow the use or cultivation of marijuana for nonmedical purposes; or
3. Allow any activity relating to the cultivation, processing, or distribution of marijuana that is illegal under state or federal law. (Ord. 989 § 1 (part), 2014)
9.61.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Collective or cooperative cultivation” means the association within California of qualified patients, persons with valid identification cards, and designated primary caregivers to cultivate marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 et seq.
67 August 1, 2016 Item 11 B. “Cultivate” or “cultivation” is the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location.
C. “Medical marijuana” is defined in strict accordance with California Health and Safety Code Sections 11362.5 et seq.
D. “Processing” is defined as any method used to prepare marijuana or its byproducts for commercial sale, including but not limited to: drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
E. “Primary caregiver” is defined in strict accordance with California Health and Safety Code Section 11362.5 et seq. (Ord. 989 § 1 (part), 2014)
9.61.040 Prohibited activities.
A. Indoor and outdoor cultivation of medical marijuana is prohibited in all areas of the city, except as outlined below in subsection (A)(1) of this section.
1. Medical marijuana for personal use may be cultivated in conformance with the following standards:
a. An individual qualified patient may cultivate medical marijuana indoors on the parcel where the qualified patient resides. Outdoor cultivation is prohibited.
b. A primary caregiver may cultivate medical marijuana indoors for a qualified patient for whom he/she is the primary caregiver. Outdoor cultivation is prohibited.
c. Medical marijuana cultivation is permitted only on parcels with residential units. Medical marijuana cultivation is permitted only within a residential unit, a garage, or a self-contained outside accessory building that is secured, locked, and fully enclosed.
68 August 1, 2016 Item 11 d. The medical marijuana cultivation area shall not exceed fifty square feet per residence.
e. The use of gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.
f. Medical marijuana cultivation for sale is prohibited. Notwithstanding this prohibition, a primary caregiver may recover from his or her qualified patient the actual costs incurred by the primary caregiver in cultivating the medical marijuana he or she delivers to the qualified patient.
g. From the public right-of-way, there shall be no exterior evidence of medical marijuana cultivation.
h. The qualified patient and/or primary caregiver shall not participate in medical marijuana cultivation in any other location within the city.
i. The residence shall maintain kitchens, bathrooms, and primary bedrooms for their intended use and these rooms shall not be used for medical marijuana cultivation.
j. Any medical marijuana cultivation area located within a residence shall not create a humidity, mold or other nuisance condition.
k. The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
B. Processing marijuana for commercial sale is prohibited in all areas of the city. (Ord. 989 § 1 (part), 2014)
9.61.050 Prohibited activities declared a public nuisance.
69 August 1, 2016 Item 11 Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is hereby declared a public nuisance and may be abated by the city or subject to any available legal remedies, including but not limited to civil injunctions. (Ord. 989 § 1 (part), 2014)
9.61.060 Penalties for violation.
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and subject to a maximum penalty of six months imprisonment in county jail, or a fine of one thousand dollars. Violators shall be subject to any other enforcement remedies available to the city under any applicable state or federal statute or pursuant to any other lawful power the city may possess.
B. Each day a violation is allowed to continue and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies.
C. In the event any civil suit or action is brought by the city to enforce the provisions of this chapter, the prevailing party shall be entitled to recover the amount of its reasonable costs incurred in the action or proceeding, including, but not limited to, attorney’s fees. (Ord. 989 § 1 (part), 2014)
9.61.070 Severability.
If any part or subsection of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness, or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. (Ord. 989 § 1 (part), 2014)
70 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA
CHAPTER 28. MARIJUANA
Sections: 528.01 Findings
528.02 Purpose and Intent
528.03 Definitions
528.04 Marijuana Activities Prohibited
528.05 Allowed Marijuana Delivery
528.06 Penalties
528.01 Findings. (a) The Federal Controlled Substances Act (21 U.S.C. Section 841 et seq.) makes it unlawful to manufacture, distribute, dispense or possess marijuana, and accordingly, medical marijuana dispensaries are illegal under Federal law;
(b) In 2013, Deputy Attorney General James Cole issued a memorandum to all Federal prosecutors to provide guidance on the enforcement of the Federal Controlled Substances Act as it related to marijuana, indicating that enforcement would not be a priority in states and local jurisdictions that have laws authorizing marijuanarelated conduct; that have implemented strong and effective regulatory and enforcement systems that will address the threat those State laws could pose to public safety, public health, and other law enforcement interests; and that have provided the necessary resources to demonstrate the willingness to enforce their laws and regulations;
(c) In 2015, Congress began to defund enforcement of the Federal Controlled Substances Act in states where such enforcement activities would prevent states from implementing their own state laws that authorize the use, distribution, possession or cultivation of medical marijuana;
(d) The voters of the State of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 et seq., “The Compassionate Use Act of 1996”); the intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to obtain and use it without fear of State criminal prosecution;
(e) On October 9, 2015, Governor Brown approved the Medical Marijuana Regulation and Safety Act (“MMRSA”), effective on January 1, 2016, which establishes a comprehensive State licensing and regulatory framework for the cultivation, manufacture, transportation, storage, distribution, and sale of medical marijuana, also known as cannabis; and which recognizes the authority of local jurisdictions to either impose additional restrictions or prohibit certain activities related to the cultivation, manufacture, transportation, storage, distribution, delivery, and sale of medical marijuana;
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 1/8 71 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA (f) The City Council of the City of Emeryville has recognized, and continues to recognize, the potential adverse impacts on the health, safety, and welfare of its residents and business from secondary effects associated with the cultivation and distribution of marijuana, which include offensive odors, trespassing, theft, violent encounters between growers and persons attempting to steal plants, fire hazards, increased crime in and about the dispensary, robberies of customers, negative impacts on nearby businesses, nuisance problems, and increased DUI incidents;
(g) There is a need to adopt health, safety, and welfare regulations to avoid adverse impacts on the community which may arise from the cultivation, distribution and delivery of marijuana;
(h) The MMRSA sets forth a comprehensive framework to regulate medical marijuana from seed to ingestion by a patient, which includes uniform health and safety standards designed to implement quality control, a labeling and a trackandtrace program, and other consumer protections, which mitigates against some of the potential adverse impacts identified by the City Council in the past;
(i) Neighboring local jurisdictions that allow medical marijuana dispensaries have implemented effective regulatory and enforcement systems that address the adverse impacts that marijuana dispensaries could pose to public safety, health, and welfare;
(j) Allowing medical marijuana dispensaries that operate lawfully in neighboring jurisdictions to deliver marijuana to qualified patients or their primary caregivers located in Emeryville would offer relief to those patients and their caregivers; and
(k) An effective regulatory system governing the delivery of medical marijuana in the City of Emeryville, as provided in this chapter, will address potential adverse impacts to the public health, welfare, and safety; an effective regulatory and enforcement system thereby allows delivery of marijuana to a qualified patient or primary caregiver consistent with Federal law as applicable to the State of California and the local jurisdictions therein.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
528.02 Purpose and Intent. It is the purpose and intent of this chapter for the City Council to exercise its police powers derived from Section 7 of Article XI of the California Constitution and State law to promote the health, safety, and general welfare of the residents and businesses of the City of Emeryville by prohibiting the cultivation, manufacturing, distribution, and delivery of marijuana within the City’s jurisdictional limits, unless preempted by Federal or State law, and except as provided in this chapter.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
528.03 Definitions. For purposes of this chapter, the following definitions shall apply:
(a) “Marijuana” means any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not, the seeds thereof, the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin, including marijuana infused in foodstuff or other ingestible or consumable product containing marijuana. The term “marijuana” shall also include “medical marijuana” as defined in California Health and Safety Code Section 11362.5 and “medical cannabis,” “medical cannabis product” and “cannabis product” as defined in Business and Professions Code Section 19300.5(ag). http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 2/8 72 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA (b) “Marijuana cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of marijuana.
(c) “Marijuana processing” means any method used to prepare marijuana or its byproducts for distribution, whether wholesale or retail, including but not limited to drying, cleaning, curing, packaging, and extraction of active ingredients to create marijuana related products and concentrates.
(d) “Marijuana dispensary” or “marijuana dispensaries” means any business, office, store, facility, location, retail storefront, or wholesale component of any establishment, cooperative or collective that delivers (as defined in California Business and Professions Code Section 19300.5(m), or as may be amended) whether mobile or otherwise, dispenses, distributes, exchanges, transmits, transports, sells or provides marijuana to any person for any reason, including members of any medical marijuana cooperative or collective consistent with the purposes set forth in California Health and Safety Code Section 11362.5, or as may be amended.
(e) “Primary caregiver” shall have the same meaning as set forth in California Business and Professions Code Section 19300.5(h), as that section now appears, or may hereafter be amended or renumbered.
(f) “Qualified patient” means a patient that uses or ingests medical cannabis as that term is defined in California Business and Professions Code Section 19300.5(ag) and who is entitled to the protections of California Health and Safety Code Section 11362.5.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
528.04 Marijuana Activities Prohibited. Except as provided in Section 528.05, marijuana cultivation, marijuana processing, marijuana distribution, which includes delivery as defined in Business and Professions Code Section 19300.5(m), and marijuana dispensaries shall be prohibited activities in the City, and no person or entity shall conduct or engage in said activities, except where the City is preempted by Federal or State law from enacting a prohibition on any such activity or prohibiting a person or entity from conducting or engaging in any such activity.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
528.05 Allowed Marijuana Delivery. Notwithstanding Section 528.04, delivery of medical marijuana is allowed as described in this section.
(a) Primary Caregivers. A primary caregiver, who is not subject to the MMRSA, engaged in the delivery of marijuana to a qualified patient is exempt from the prohibition prescribed in Section 5 28.04.
(b) Delivery by Marijuana Dispensary. It is unlawful for any marijuana dispensary to deliver, which includes, but is not limited to, dispense, distribute, exchange, transmit, transport, sell or provide, marijuana to a qualified patient or a primary caregiver without a valid permit as specified herein.
(1) Application. The form and content of the application for a permit shall be specified by the Chief of Police. The application shall be signed under the penalty of perjury, and the following standards constitute the minimum standards to qualify for a permit to deliver marijuana to a qualified patient or primary caregiver: http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 3/8 73 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA (i) Name and address of the applicant; if the applicant is a corporation, the names and addresses of its directors.
(ii) Certificate of insurance demonstrating ability to comply with the insurance requirements set forth in this section in a form acceptable to the City.
(iii) Applicant’s trade name and business address.
(iv) Copies of applicable authorizing State and local licenses and permits issued to applicant allowing it to operate a marijuana dispensary in a neighboring jurisdiction.
(v) Listing of all vehicles and devices to be used for delivery of marijuana to a qualified patient or primary caregiver within the City, which includes the vehicle’s make, model, year, license plate number and vehicle identification number.
(vi) Identifying all persons who will deliver marijuana on behalf of the dispensary to qualified patients located in the City. Such individuals must be at least twentyone (21) years of age at the time of submittal of the application.
(vii) The information required by this section shall be confidential, and shall not be subject to public inspection or disclosure except as may be required by Federal, State or local law. Disclosure of information pursuant to this section shall not be deemed a waiver of confidentiality by the applicant or any individual named in the application. The City shall incur no liability for the inadvertent or negligent disclosure of such information.
(2) Review of Application. The Police Chief shall consider the application, as well as the criminal records, if any, and personal references, if demanded by the Police Chief, of individuals identified in the application, and any other results from investigation into the application as deemed necessary by the Police Chief.
(3) Disapproval of Application. If the Police Chief disapproves an application, he or she shall notify the applicant in writing, stating the reasons for the disapproval. Notification of disapproval shall be delivered by first class mail to the applicant. No permit shall issue unless a successful appeal of the disapproval is made within the requisite time frame.
(4) Appeal of Disapproval.
(i) Within fifteen (15) days after the Police Chief serves notification of disapproval, an applicant may appeal the disapproval by notifying the City Clerk in writing of the appeal, the reasons for the appeal, and paying any applicable fees.
(ii) The City Clerk shall set a hearing on the appeal and shall fix a date and time certain, within thirty (30) days after the receipt of the applicant’s appeal, unless the City and the applicant agree to a longer time, to consider the appeal. The City Clerk shall provide notice of the date, time and place of hearing, at least seven (7) days prior to the date of the hearing.
(iii) The City Manager shall appoint a Hearing Officer to hear the appeal and determine the order of procedure, and rule on all objections to admissibility of evidence. The applicant and the Police Chief shall each have the right to submit documents, call and examine witnesses, crossexamine witnesses and argue their respective positions. The proceeding shall be informal, and the strict rules of evidence shall not apply, and all http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 4/8 74 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA evidence shall be admissible which is of the kind that reasonably prudent persons rely upon in making decisions.
(iv) The Hearing Officer shall issue a written decision within fifteen (15) days after the close of the hearing. The decision of the Hearing Officer shall be final.
(5) Grounds for Denial, Revocation or Suspension of Permit. The granting of a permit or a renewal thereof may be denied and an existing permit revoked or suspended if the applicant or permittee, or any individual engaged by the applicant or permittee to deliver marijuana in the City:
(i) Has knowingly made a false statement in the application or in any reports or other documents furnished to the City.
(ii) Engages vehicles or devices for delivery that are neither maintained nor operated in a manner and in a condition required by law and applicable regulations.
(iii) Is required to register as a sex offender under Section 290 of the California Penal Code.
(iv) Within the past five (5) years from the date of submission of the application, has been under suspension, revocation or probation by the Department of Motor Vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of any of the following offenses: driving while under the influence, or reckless driving involving bodily injury, or who does not possess a valid driver’s license.
(v) Within the past five (5) years from the date of submission of the application, has been convicted of any offense punishable as a serious or violent felony, or has been convicted of a crime of theft in either degree, or within the past ten (10) years from the date of submission of the application, has been convicted of any crime against a person in either degree or has been a prohibited person in a restraining order.
(vi) Has been convicted of any offense involving moral turpitude.
(vii) Has been involved within the two (2) years immediately preceding the application in any motor vehicle accident causing death or personal injury.
(viii) Has been in three (3) or more motor vehicle accidents within the year immediately preceding the application.
(ix) Engages individuals to deliver marijuana who were not identified in the application.
(x) Fails to pay required City fees and taxes.
(xi) Violates any provision of this chapter.
(6) Suspension and Revocation.
(i) If the Police Chief deems continuation of the operation of delivery by the marijuana dispensary will cause a significant threat to the health, safety or welfare of the public, the Police Chief may suspend the permit and all rights and privileges thereunder until a Hearing Officer renders a written decision on the revocation of the permit.
(ii) The Police Chief shall give notice to a marijuana dispensary of his or her intent to http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 5/8 75 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA revoke a permit in the same manner as notice of disapproval and provide the City Clerk with a copy of the notice.
(iii) The hearing for the revocation of the permit shall be set and conducted in the same manner as an appeal of disapproval. The decision of the Hearing Officer shall be final.
(7) Permittee’s Obligations. Permittee’s duties and obligations shall include all of the following:
(i) Comply with all applicable Federal, State and local laws.
(ii) Obtain and maintain a business license from the City.
(iii) Maintain at all times all licenses and permits as required by California State law and the laws of the local jurisdiction in which the permittee is located, and provide immediate notification to the Police Chief if any license or permit is suspended or revoked.
(iv) Package the marijuana to be delivered in compliance with California Business and Professions Code Section 19347 and any other regulations promulgated by the State Department of Public Health.
(v) Any person who delivers marijuana from a marijuana dispensary must have in possession a copy of the permit, which shall be made available upon request to law enforcement.
(vi) Delivery vehicles shall not advertise any activity related to marijuana nor shall it advertise the name of the permittee.
(vii) Delivery of the marijuana shall be directly to the residence or business address of the qualified patient or the qualified patient’s primary caregiver; deliveries to any other location are prohibited.
(viii) Deliveries of marijuana shall occur only between the hours of 8:00 a.m. and 8:00 p.m.
(ix) No permittee shall transport nor cause to be transported marijuana in excess of the limits established by the State Bureau of Medical Marijuana during the course of delivering marijuana; until the State Bureau of Medical Marijuana establishes the limit, the limit is eight (8) ounces of dried marijuana or its marijuana product equivalent within the City.
(x) All orders to be delivered shall be packaged by the names of the qualified patient or qualified patient and primary caregiver, if delivery is made to the primary caregiver, with a copy of the request for delivery with each package.
(xi) Maintain at all times commercial general liability providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury with limits of not less than one million dollars ($1,000,000.00) per occurrence and comprehensive automobile liability (owned, nonowned, hired) providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one (1) or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000.00). The commercial general liability policy shall provide contractual http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 6/8 76 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA liability, shall include a severability of interest or equivalent wording, shall specify that insurance coverage afforded to the City shall be primary, and shall name the City, its officials and employees as additional insured. Failure to maintain insurance as required herein at all times shall be grounds for suspension of the permit immediately, and ultimately, revocation.
(xii) By accepting the permit, each permittee agrees to indemnify, defend and hold harmless to the fullest extent permitted by law, the City, its officers, agents and employees from and against any, all actual and alleged damages, claims, liabilities, costs (including attorney’s fees), suits or other expenses resulting from and arising out of or in connection with permittee’s operations, except such liability caused by the active negligence, sole negligence or willful misconduct of City, its officers, agents and employees.
(xiii) Maintain for a minimum of three (3) years, a written accounting or ledger of all cash, receipts, credit card transactions, and reimbursements (including any inkind contributions) as well as records of all operational expenditures and costs incurred by the permittee in accordance with generally accepted accounting practices and standards typically applicable to business records, which shall be made available to the City during business hours for inspection upon reasonable notice by the Police Chief.
(8) Fees. Applicants and permittees shall pay all applicable fees as set forth in the City’s Master Fee Schedule adopted by resolution. Applicants and permittees also shall pay the amount as prescribed by the Department of Justice of the State of California for the processing of applicant’s fingerprints. None of the above fees shall be prorated, or refunded in the event of a denial, suspension or revocation of the permit.
(9) Term. All permits issued pursuant to this section shall be for the period of one (1) calendar year, and shall expire at midnight on the thirtyfirst day of December. Permit holders shall submit an application for renewal of the permit at least sixty (60) days prior to the expiration of the permit. The renewal of the permit shall be processed in the same manner as the initial application.
(10) Police Chief or Designee. Any action required by the Police Chief under this section may be fulfilled by the Police Chief’s designee.
(11) Failure to comply with any one of the regulations contained herein shall constitute a violation of Section 5.2804.
(12) The Police Chief is authorized to coordinate implementation and enforcement of this chapter and may promulgate appropriate guidelines and rules for such purposes.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
5.2806 Penalties. (a) Violations of this chapter are punishable as misdemeanors. Each day of engaging in any of the prohibited activities shall constitute a separate offense.
(b) Any violation of this chapter is hereby declared to be a public nuisance.
(Sec. 1 (part), Ord. 16004, eff. June 16, 2016)
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 7/8 77 August 1, 2016 Item 11 7/20/2016 Chapter 528 MARIJUANA
The Emeryville Municipal Code is current through Ordinance 16004, passed May 17, 2016.
Disclaimer: The City Clerk's Office has the official version of the Emeryville Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
City Website: http://www.ci.emeryville.ca.us City Telephone: (510) 5964300
Code Publishing Company
http://www.codepublishing.com/CA/Emeryville/html/Emeryville05/Emeryville0528.html 8/8 78 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Effective July 19, 2016
Table of Contents
Division/Department Page No.
Building Division 3-5
Planning Division 6-9
City Manager & City Clerk Departments 10
Economic Development & Housing Division 11
Finance Department 12
Fire Department 13-14
Police Department 15-17
Public Works Department 18-20
Child Development Center Division 21
Community Services Department 22-25
Youth Services Division 26-27
Adult Services Division 28
Approved July 19, 2016
79 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Building Division
Effective July 19, 2016
DESCRIPTION FEE
BUILDING PERMIT 0.80% of construction valuation¹ Includes Sign and Demolition Permits $ 123 minimum Phased Construction (Applicant requests to proceed with first Full permit fee, including all permit types phase of construction prior to issuance of all building permits.) and plan check fees, plus 25%, due at issuance of first permit.
Permit Renewal $ 123 Expired Permits requiring 1 inspection for final
GENERAL PLAN MAINTENANCE² 0.50% of construction valuation¹ Applied to all permits except solar panels.
TECHNOLOGY FEE 0.10% of construction valuation¹ Applied to all permits except solar panels.
PLAN CHECK – To be paid with submittal of application Initial Review plus review of one resubmittal 65% of Building Permit Fee 50% of Building Permit Fee for Residential under $100,000.00 $ 168 minimum Approved Resubmittals and/or changes to approved plans, including deferred submittals In house $ 168 per hour, 1 hour minimum Outside Consultant Consultant’s hourly fee plus 15%
Expedited Plan Check (first review in 3-5 days or less) Full plan check fees plus 50% (requires Chief Building Official approval of request, based upon due at submittal of application; applicant's demonstrated need for expedited review and staff workloads) minimum $500
ENERGY CONSERVATION – To be paid with submittal of application Review of Title 24 Energy conservation documentation 12.5% of Building Permit Fee (only if Title 24 is required for the project).
ELECTRICAL, PLUMBING, MECHANICAL PERMITS When issued with Building Permit Electrical 20% of Building Permit Fee Plumbing 18% of Building Permit Fee Mechanical 17% of Building Permit Fee
When issued separately Electrical, Plumbing or Mechanical 1% of construction valuation¹ $ 123 minimum
Photo Voltaic Solar Panel Building Permit Fees 3 Single family residences $ 250 Residential except single family residences Up to 15 kW $ 500 Over 15 kW $ 500 plus $15 per kW over 15 kW.
All Other Up to 50 kW $ 1,000 Over 50 kW $ 1,000 plus $7 per kW between 50 kW and 250 kW plus $5 per kW over 250 kW
Building Division Approved July 19, 2016 Page 3 of 28 80 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Building Division
Effective July 19, 2016
DESCRIPTION FEE
Sewer Lateral Permit Per Parcel, Administrative fee $ 190 Plus a fee for each new, repaired, replaced or abandoned lateral of: $ 488 or, plus a fee based on cost recovery for large or complex private sewer systems, or for inspections requiring overtime, as determined by the City Engineer $ 122 per hour $ 183 overtime per hour
Verification Test (only), on an existing sewer lateral $ 122 per test
Traffic signal or street light conduit utility locate (as needed) $ 295 Sewer Lateral Performance Security $ 1,000
Plan Check for new sewer laterals $ 192
SEWER CONNECTION Residential Dwellings $ 1,321 per unit All Others Uses $ 264 per plumbing trap (Note: Credit given for removed traps when previous use is abandoned for less than one year)
STRONG MOTION INSTRUMENTATION PROGRAM (SMIP)² 1 to 3 Story Residential 0.01% of construction valuation¹ $ 0.50 minimum All Other Construction 0.02% of construction valuation¹ $ 0.50 minimum GRADING PERMIT Grading Permit 1% of construction valuation¹ Plan Review of Grading Permits 65% of Grading Permit Fee $ 123 minimum MICROFILM and PHOTOCOPIES Project Valuation to $100,000.00 8.5” x 14” $ 0.50 per page Larger than 8.5” x 14” $ 1.00 per page Project Valuation over $100,000.00 1% of Building Permit Fee
CONSTRUCTION WORK WITHOUT REQUIRED PERMITS 5 times cost of the actual permit
OTHER INSPECTIONS AND FEES Building Inspection Requests after Business Hours (Business Hours: Monday-Friday 8:00am-4:00 pm) Minimum 2 hours weekday; 4 hours weekend. $ 135 per hour
Subsequent Re-inspections of work made necessary by faulty or incorrect work (CBO discretion; fee shall be paid prior to next inspection request) $ 123 each re-inspection Certified Access Specialist Inspections (CASp) Inspections $ 143 per hour or consultant costs 4 Inspection for Reconnection of Utilities $ 123 per request Pre-Plan check prior to permit application (2 hr minimum) $ 168 per hour Pre-Construction Meeting Consultation (2 hr minimum) $ 168 per hour Alternate Methods and Materials Request $ 168 per hour Certificate of Occupancy/Temporary Certificate of Occupancy Requests $ 256 per request Gas/Electrical Meter Release $ 256 per request Assigned Property/Business Address $ 123 per request Plans Copy Request (except counter review) $ 123 per request
Building Division Approved July 19, 2016 Page 4 of 28 81 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Building Division
Effective July 19, 2016
DESCRIPTION FEE
FIRE DEPARTMENT FEES Charge per current Fire Department Fee Schedule
SCHOOL FEES (effective June 1, 2008)²
Commercial $ 0.47 per square foot Residential (500 sq. ft. or more) $ 2.97 per square foot Self Storage $ 0.07 per square foot
Live/Work $ 1.73 per square foot
CALIFORNIA BUILDING STANDARDS COMMISSION FEES (effective January 1, 2009) 2
Permit valuation $1 to $25,000 $ 1.00 Permit valuation $25,001 to $50,000 $ 2.00 Permit valuation $50,001 to $75,000 $ 3.00 Permit valuation $75,001 to $100,000 $ 4.00 Permit valuation over $100,000 $ 1.00 per $25,000 or fraction thereof
Note: For any services requiring staff time or the time of city hired consultants,
Planning Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
NOTE: Fees for the Building Division were not analyzed by NBS. All Calculations were completed by the City. NOTE: Fees for Traffic Impact, Art in Public Places, or Bay/Shellmound Assessment District may apply². For guidelines and calculations of these fees, consult the Building Division.
¹ Construction valuation shall be determined by the Chief Building Official, and shall be based on the valuation declared by the applicant, or on the most recent “Building Cost Index” published by Engineering News Record and adjusted for the San Francisco Bay Area, whichever is higher.
² These fees have been established by and are collected on behalf of other departments or agencies, are listed here for reference only, and are subject to change. Please consult Building Division to determine current fees.
3 No other fees are charged for Photo Voltaic Solar Panels, except fees that are not controlled by the City, including but not limited to Strong Motion Instrumentation Program (SMIP), School Fees, and California Building Standards Commission Fees.
4 Cost recovery for special cases requiring outside consultants
Building Division Approved July 19, 2016 Page 5 of 28 82 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Planning
Effective July 19, 2016
DESCRIPTION FEE
Publications, Document Charges Maps: [19] Set of 11 x 17 Zoning/General Plan maps $ 10 Individual maps $ 3 General Plan [19] $ 69 General Plan EIR (Per Photocopy Rate) [19] $ 0.10 Per photocopy rate Park Avenue District Plan [19] $ 27 North Hollis Area Urban Design Program [19] $ 27 Planning Regulations [19] $ 35 Housing Element of the General Plan [19] $ 50 Stormwater Guidelines [19] $ 25 Parks and Recreation Strategic Plan [19] $ 69 Emeryville Design Guidelines [19] $ 69 Sustainable Transportation Plan [19] $ 15 Sustainable Transportation Background Report [19] $ 94 Pedestrian and Bicycle Plan [19] $ 104 Pedestrian and Bicycle Plan Appendices [19] $ 82 Photocopying, Per Page [17] $ 0.10 Faxing, Per Page [17] $ 0.10
Sidewalk Café Permits (including Parklets) Application Fee $ 100 Annual Renewal Fee No fee Appeal to Planning Commission $ 50 Appeal to City Council $ 50
Planning Fees Notification Fee /Property Owner Mailing Lists charged for all applications requiring $ 397 + charged per formula if Planning Commission and/or City Council Review excess of 1 hour
Planning Commission Study Session [5] $ 2,000 Flat Rate Note: Deposit to be credited to application fee if application submitted within one year.
General Plan Amendment [4] At cost, charged per $3,000 Deposit formula
Rezoning [4] At cost, charged per $3,000 Deposit formula
Development Agreement [4] At cost, charged per $3,000 Deposit formula
Planned Unit Development [4] Preliminary Development Plan At cost, charged per $5,000 Deposit formula Final Development Plan At cost, charged per $3,000 Deposit formula
Conditional Use Permits Minor Conditional Use Permits - Flat Fee $ 500 Major Conditional Use Permits - Deposit Residential, up to 3 units At cost, charged per $2,000 Deposit formula Demolition of significant or residential structure [4] At cost, charged per $3,000 Deposit formula All other [4] At cost, charged per $3,000 Deposit formula
Planning Approved July 19, 2016 Page 6 of 28 83 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Planning
Effective July 19, 2016
DESCRIPTION FEE
Temporary Use Permits $ 500
Exceptions to Standards $ 500
Variances [4] At cost, charged per $1,000 Deposit formula
Design Review, including Signs Minor Design Review for Signs $ 500 Major Design Review for Signs At cost, charged per $1,000 Deposit formula Master Sign Programs [4] At cost, charged per $2,000 Deposit formula Individual signs under Master Sign Programs $ 300 zoning compliance review
Temporary Signs $ 200
All Other Minor Design Review: $ 500 All Other Major Design Review [4] At cost, charged per $3,000 Deposit formula
Construction Work, Sign Installation and/or Commencement of Use Without 5 times cost of actual permit/approval Required Planning Permits or Approvals [20]
Tree Removal Permits [6] At cost, charged per $2,000 Deposit formula
Not in conjunction with other planning permits (Other related fees from Public Works Master Fee Schedule may apply)
Subdivisions Major Subdivisions, including residential condominium conversions [9,12] At cost, charged per $3,000 Deposit formula plus cost of any technical assistance such as engineer's review Minor Subdivisions, including residential condominium conversions $ 992 Lot Line Adjustments $ 992 Parcel Mergers $ 992 Certificate of Compliance $ 992 Covenant of Easement [9,24] At cost, charged per $2,000 Deposit formula
Assessment District Apportionment (Required for lot configuration changes for parcels in the West Emeryville, Bay Shellmound or East Baybridge Assessment Districts.) Lot Line Adjustments/Parcel Map Waivers $ 343 Major/Minor Subdivisions (10 parcels or less) $ 1,370 Major/Minor Subdivisions (more than 10 parcels) $ 3,425 Plus $25 Per Parcel Over 20 Parcels
Planning Approved July 19, 2016 Page 7 of 28 84 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Planning
Effective July 19, 2016
DESCRIPTION FEE
Environmental Review Preparation of Negative Declaration [9,23] At cost, charged per $15,000 deposit formula
Environmental Impact Report [9,23] At cost, charged per $30,000 deposit formula
Preparation of Notice of Determination [22] $ 86
Filing Fees Required by State Department of Fish & Game (Effective 7/20/2016) [14,20] Negative Declaration [2] $ 2,181 Environmental Impact Report (EIR) [2] $ 3,030
Administrative Fees [21] Appeals to Planning Commission $ 100 to City Council $ 200
Time Extensions (Permit Applications) If Granted Administratively $ 343
If Planning Commission or City Council consideration is At cost, charged per required formula
Zoning Compliance Review Building Permit Sign-Off At cost, charged per formula, if related to a cost recovery planning project; otherwise, No Fee
Business License Sign-Off, including Home Occupations and Live/Work Unit No Fee Occupancy
All Other, Including Zoning Compliance or Code Interpretation [10] $ 397
Amendments to conditions of approval by Planning Commission or City Council Any project that was originally flat fee (ie major use permits, residential up to 3 units, individual signs) $ 992 Any project that was originally cost recovery (ie items to do not fall in a previous fee) At cost, charged per $1,000 Deposit [4] formula
Request for Waiver of construction noise hours by City Council $ 1,200
In Lieu Fees [3, 15, 20] Open Space, pursuant to EMC Section 9-4.303(a)(3)b $ 200 Per square foot of required open space not provided
Parking, pursuant to EMC Section 9-4.407(d) $ 7,500 Per required parking space not provided
Note: For any services requiring staff time or the time of city hired consultants, charges will be
Planning Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
Planning Approved July 19, 2016 Page 8 of 28 85 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Planning
Effective July 19, 2016
DESCRIPTION FEE
NOTES [1] The cost of processing applications includes all direct personnel costs in all appropriate departments including Planning & Building, Economic Development and Housing Public Works, Fire and Police. Personnel costs include actual salary plus fringe benefits and indirect overhead.
[2] All applications that are charged on a cost recovery basis require an initial deposit to be paid at the time of filing. If the costs incurred in processing an application exceed this deposit, the City will bill the applicant for this additional amount, except for charges that are less than $25. Likewise, if the deposit exceeds the costs, the balance will be refunded to the applicant. [3] An assessment District Apportionment is required for lot configuration changes for parcels in West Emeryville, Bay Shellmound or the East Bay Bridge Assessment Districts. [4] If more than one application is being filed, such as a conditional use permit and design review, the deposits will be combined, with the applications processed concurrently at cost. [5] Filing fees required by the State Department of Fish & Game are established by the State of California, are listed here for reference only, and are subject to change. Please consult State Department of Fish & Game to determine current fees. [6] Dictated by State Law [7] Updated at Beginning of Each CY [8] As Instructed by Council at 5/6/14 Meeting [9] For any services requiring staff time or the time of city hired consultants, charges for: Planning Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate; Consultants charged at cost plus 10% administrative fee. This is referred to as a "Charged Per Formula." [10] Deposit to be credited to application fee if application submitted within one year. [11] Other related fees from Public Works Master Fee Schedule may apply [12] Cost of any technical assistance such as engineer's review [13] Charged to applicants requesting recording of lot line adjustments, parcel maps, parcel map waivers and final maps within the City of Emeryville [14] Effective 7/20/2016 [15] Letter, Secondary Residential Units, and Individual Signs Under Master Sign Programs [16] Final Sign off by Planning staff of Building Plan review/inspection included in planning application deposit [17] CA Government Code §6253. "A common standard that is viewed is legally defensible is 10 cents per page." [18] Revenues sourced [FY1718 Revenue Worksheet - CD] [19] all maps are available on website and can be downloaded for free. If the city charges the current fee is cost for duplication. Will charge the public the actual cost to the city. [20] N/A [21] Per City Council Resolution, cost must not change [22] Applicant expected to file with county and pay county cost and fish and game fee [23] initial study included in deposit level when needed [24] requires planning commission approval [25] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Planning Approved July 19, 2016 Page 9 of 28 86 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule City Manager & City Clerk
Effective July 19, 2016
DESCRIPTION FEE
Photocopying, One Sided [1] $ 0.10 per page (Including all municipal codes, agendas, packets, resolutions, etc.)
Photocopying, double sided [1] $ 0.20 (Including all municipal codes, agendas, packets, resolutions, etc.)
Financial Disclosure Retrieval Fee (For Documents over 5 years old) per carton [3] $ 5
Specialized Retrieval of Document (writing software) Actual Cost
DVD/Audiotape copy of City Council/Agency/Planning Commission or Advisory Body Meeting Normal Delivery Per Meeting $ 10 Rush Delivery (Within 3 working days) Additional Charge Per Meeting $ 15 Electronic Data Record Request - Existing File Per Disk Cost of materials Electronic Data Record Request - Non-existing file Per Disk Cost of materials and staff time to produce
Measure C For all City staff and/or consultant time expended to determine Large Hotel compliance At cost, $5,944 Deposit in the event with Measure C in connection with issuance of annual permit by City of Emeryville. charged the City undertakes an audit per formula
City Administrative Fee for Admin of Consultant hired Projects $ 108 per hour
City Clerk Hourly Rate $ 108 per hour
Note: For any services or permits requiring staff time or the time of City hired consultants, charges will be as follows, which is referred to above as "charged per formula":
City Staff [4] charged at the calculated hourly rate of their direct salary and fringe benefits, plus 45.76% for overhead Consultants [2] charged at City's cost plus a 10% administrative fee
Notes [1] CA Government Code §6253. "A common standard that is viewed is legally defensible is 10 cents per page." [2] For any services or permits requiring staff time or the time of City hired consultants, charges will be as follows, which is referred to above as "charged per formula": City's cost plus a 10% administrative fee - Not Analyzed by NBS [3] Set by the State at a maximum of $5 [4] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
City Manager & City Clerk Approved July 19, 2016 Page 10 of 28 87 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Economic Dev & Housing
Effective July 19, 2016
DESCRIPTION FEE
Loan Subordination Fee $ 400
Loan Origination Fee $ 400
Income Verification Fee $ -
Publications
1987 Shellmound Park Redevelopment Plan see photocopying fee
1987 Shellmound Park Agency's Final Report, Section 33352 see photocopying fee
1987 Shellmound Park Final EIR see photocopying fee
1976 Redevelopment Plan see photocopying fee
Housing Element see photocopying fee
Urban Design Plan-San Pablo Avenue see photocopying fee
Program Fees
City regulatory Certain applicants request hazardous materials oversight At cost, charged $517 Minimum Deposit oversight and pursuant to the MOU. The regulatory agencies occasionally per formula Technical request the City assistance in reviewing and/or monitoring review/assistance by response actions on their behalf. In either of these instances, the Site Manager City’s Site Manager will conduct certain activities, conditionally approve actions, subject to the approval of the regulatory agency(ies). [1]
Capital Improvement Credit Fee [2] $ 400
Rental Monitoring Fee [5] At cost, charged $5,000 minimum deposit per formula
Below Market Rate Resale Fee $ 400
Below Market Rate Inspection Fee [4] At cost, charged $500 minimum deposit per formula
Loan Payoff Fee $ 100
Below Market Rate Inspection (after first 2) $ 100 Per hour
Economic Housing and Development Hourly rate $ 207 Per hour
Note: For any services requiring staff time or the time of city hired consultants, charges will be
Econ Dev Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate
Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
[Notes] Certain applicants request hazardous materials oversight pursuant to the MOU. The regulatory agencies occasionally request the City assistance in reviewing and/or monitoring response actions on their behalf. In either of these instances, the City’s [1] Site Manager will conduct certain activities, conditionally approve actions, subject to the approval of the regulatory agency(is).
[2] Process consists of 1) reviewing invoices and proof of payment, and 2) depreciating, if necessary. [3] Revenue Sourced [FY15 Revenue Details 9.8.15] [4] Includes 2 inspections [5] The affordability agreements do not allow for increases. [6] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Economic Dev & Housing Approved July 19, 2016 Page 11 of 28 88 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Finance
Effective July 19, 2016
DESCRIPTION FEE
Photocopying, Per Page [1] $ 0.10
Miscellaneous Fees
Ordinances administered by Finance Division [6] no charge
Returned check fee [7] 1st check $ 25 2nd and each subsequent check $ 35
Program Fees
Business License Processing New Business License [6] $ 57 Annual Business License renewal [6] $ 10
Preferential Parking Permit Program Annual Permit [2, 6] $ 50 per vehicle Annual permit for low income household [2,6] $ 25 per vehicle Maximum of 3 annual permits per residential address Maximum of 1 annual permit per business address
Visitor's Permit-One Day [3,6] $ 3 Maximum of 10 per household per year Visitor's Permit-Two Weeks [4,6] $ 25 Maximum of 2 per household per year Visitor's Permit-52 week [5,6] $ 150 Maximum of one per year per household or business.
Permit year is September 1 to August 31.
Note: For any services requiring staff time or the time of city hired consultants, charges will be as follows:
Finance Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
[Notes] [1] CA Government Code §6253. "A common standard that is viewed is legally defensible is 10 cents per page." [2] Minimum of 3 annual permits per residential address. Maximum of 1 annual permit per business address. [3] Maximum of 10 per household per year, permit year is September 1 to August 31 [4] Maximum of 2 per household per year, permit year is September 1 to August 31 [5] Maximum of 1 per household or business per year, permit year is September 1 to August 31 [6] Placeholder for Master Fee Schedule; Not included in the NBS cost analysis [7] Per CA Civil Code; 1st NSF Check is limited to $25 fee; each subsequent NSF check is limited to $35 fee [8] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Finance Approved July 19, 2016 Page 12 of 28 89 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Fire Department
Effective July 19, 2016
DESCRIPTION FEE
BICYCLE LICENSE $ 10
INSPECTIONS
Fire Prevention Safety Inspection of Businesses for compliance with Fire Code; Annual Fire Sprinkler Test Inspection.
Re-Inspection, if required - Prevention Specific Reinspection, all deficiencies corrected Per hour, minimum charge of 1/2 hr. $ 106 Reinspection, deficiencies remaining Per hour, minimum charge of 1/2 hr. $ 106
Special Inspections or Research during regular business hours Per hour, minimum charge of 1/2 hr. $ 211 Per hour, minimum charge of 1/2 hr. scheduled outside of regular business hours $ 211
Fire Safety Inspection Per hour, minimum charge of 1/2 hr. Fire prevention annual inspection $ 106 Per hour, minimum charge of 1/2 hr. Engine Company Inspections - Minor [1] $ 327 Per hour, minimum charge of 1/2 hr. Engine Company Inspections - Major [1] $ 327 Per hour, minimum charge of 1/2 hr. Special Inspections - Prevention [1] $ 106 Per hour, minimum charge of 1/2 hr. Special Inspections - Suppression [1] $ 327
PERMITS Per hour, minimum charge of 1/2 hr. Fire code permits $ 106 (Tents, haunted houses, carnival or fair, etc.)
OTHER FEES
Per hour, minimum charge of 1/2 hr. Fire Personnel Costs Per Hour: $ 106
Fire Equipment Costs Per Hour, to be charged in the following situations: a) Commercial stand by services provided upon request b) Response to Hazardous material release c) Response to chronic false alarms d) Recovery for Emergency Response Expenses under Code& Sections 53150-53158 to a maximum of $1,000 Engine Company (3 persons) Regular Duty Company $ 327 Staff per hour plus equipment cost Special Duty Company $ 327 Staff per hour plus equipment cost Aerial Truck (one person) $ 106 Staff per hour plus equipment cost Staff Vehicle (one person) $ 106 Staff per hour plus equipment cost
First Responder Fee [1] $ 109
All consumable materials used in emergency incidents to be reimbursed at cost plus 30% restocking charge.
Fire Department Approved July 19, 2016 Page 13 of 28 90 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Fire Department
Effective July 19, 2016
DESCRIPTION FEE
PLAN REVIEW
Review of construction, rehabilitation or remodeling plans 35% of Building Permit Fee for occupancies under the jurisdiction of the State Fire Marshall. [5] (collected by Planning and Building Department)
PLAN REVIEW and PERMIT FEES for FIRE SUPPRESSION EQUIPMENT
Plan review fee for submitting plans and 65% of permit fee (for installation of the specifications for review - Base Fee equipment)
Additional plan review and/or inspection required by changes, additions, or revisions to $ 106 Per hour approved plans. (Per hr and 1 hr minimum)
Permit for installation of Fire Suppression Equipment (Including sprinklers, alarm systems, smoke detection systems) 1% of the total valuation $ 123 Minimum
PLANNING AND TRAINING PROGRAMS
Emergency Preparedness Planning Private Business--Employee Training $ 48 per hour + Materials Public/Non Profit Organization--Employee Training $ 48 per hour + Materials
CPR Training and First Aid Training, 5 student minimum Non-Certified $ 48 per hour
Emergency Preparedness Supplies and Equipment At cost
Note: For any services requiring staff time or the time of city hired consultants, charges will be as follows:
Fire Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
[Notes] [1] 3 person crew assumed one hour each [2] 3 person crew assumed 20 minutes each [3] Revenue sourced [FY1718 RevWorksheet-Fire] Emeryville is not a CUPA agency, it cannot bill for cost recovery associated with HazMat calls. Non-CUPA agency HM billing is handled by County Environmental Health for all locations with HM business plan (HMBP), HW generators, tiered [4] permitting, aboveground petroleum storage, underground storage tanks and California accidental release prevention (CalARP).
[5] Per County request fee remains a percentage based fee, not analyzed by NBS [6] N/A [7] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Fire Department Approved July 19, 2016 Page 14 of 28 91 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Police Department
Effective July 19, 2016
DESCRIPTION FEE
Report & Document Reproduction
Citizen Request, Per Page [12] $ 0.10
Crime/Accident Report-Insurance Company, Per Page [12] $ 0.10
Computer Generated Report from Police Department CAD/Records Management System, Per Page [2,12] $ 0.10
Faxing, Per Page [12] $ 0.10
Identification Services
Fingerprinting $ 157
DVD Copy of Communications Voice Tapes $ 157
Vehicle Release Certificate Fee [5] $ 83 (Except recovered/stolen vehicle)
Stolen vehicle release $ 157
Permit & Application Fees
Alarm Application Fees (Commercial Alarms only) [6] one time initial fee $ 157
Cabaret Permit Annual Application Fee [7] $ 1,379 (Due, each December 1st)
One Day Cabaret Permit $ 827
One Day Dance Hall Permit $ 552
Bingo Game Permit $ 414
Card Room Fees: Card Room Annual License Application [7] $ 2,758 (Due, each December 1st)
Card Room Employee Permit 1. Application Fee $ 373 2. Renewal Fee $ 138 3. Replacement/Change Card Room $ 138
Taxicab Drivers' Permit Fees 1. Application Fee $ 157 2. Application Renewal Fee $ 157 3. Driver's Identification Card Replacement Fee $ 78
Fleet Management Permit Fees 1. Application Fee $ 314 2. Substitution/Additional Fee for each additional vehicle not listed on Fleet Management Permit Application $ 314
Vehicle Permit Fees 1. Application Fee $ 78 2. Certified Copy of Emeryville Police Department Vehicle Inspection Report (to be used by other cities) $ 47 3. Vehicle Replacement Card Fee $ 39
Police Department Approved July 19, 2016 Page 15 of 28 92 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Police Department
Effective July 19, 2016
DESCRIPTION FEE
Peddler - Vendor - Catering Truck Permit Fees 1. Application Fee $ 276 2. Renewal Fee $ 276 3. Replacement Fee $ 83
Massage Parlor and Massage Establishment Charges [8]: Annual Permit Application, due each December 1st $ 1,141
Massage Establishment Fee: Annual Permit Application, due each December 1st $ 540
EmployeeEmployee PermitsPermits Annual Employee Permit [3,4] (Applies to both Massage Parlors and Massage Practitioners) (Due each October 1st for renewal by January 1st. Valid on a calendar year basis.)
1. Application Fee $ 433 2. Renewal Fee $ 433 3. Replacement Fee $ 47
Dog License Fee For One Year - Not Spayed/Neutered $ 20 For Three Years - Not Spayed/Neutered $ 30 For One Year - Spayed/Neutered $ 10 For Three Years - Spayed/Neutered $ 15 For One Year - Seniors (55+) - Not Spayed/Neutered $ 5 For Three Years - Seniors (55+) - Not Spayed/Neutered $ 10 For One Year - Seniors (55+) - Spayed/Neutered $ 2.50 For Three Years - Seniors (55+) - Spayed/Neutered $ 5
Application for Concealed Weapon Permit, Police Investigation: Penal Code Sec.22190 1. Background Investigation $ 784 (b)(1) & (f)(1) Penal Code Sec.22190 2. Psychological Examination, if contracted by City $ 627 (b)(1) & (f)(1) 3. Range Certification $ 2,758
Application for Firearm Dealer Permit Background Investigation $ 1,379
Emergency Response Expenses (Alcohol/Drug Related) Arrest Only $ 1,379 Arrest With Accident Investigation $ 1,930
Police Department Personnel Costs for Short Term Encroachments, Special $ 276
Short Term Encroachment Permit $ 276
Personnel Services [9,10] $ 157
Medical marijuana delivery permit - new or renewal [14] Sworn $ 276 Per Hour Non-Sworn $ 157 Per Hour
Firearms Storage Fee [17] $ 470
Police Non-Sworn Hourly Rate $ 157 Police Sworn Hourly Rate $ 276
Police Department Approved July 19, 2016 Page 16 of 28 93 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Police Department
Effective July 19, 2016
DESCRIPTION FEE
Note: For any services requiring staff time or the time of city hired consultants, charges will be
Police Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
[Notes] [1] For any services requiring staff time or the time of city hired consultants, charges for: [2] DepartmentPolice Staff chargedCAD/Records at calculation Management of direct System, salary, Per fringe Page benefits plus 86% overhead [3] Applies to both Massage Parlors and Massage Practitioners [4] Due each October 1st for renewal by January 1st. Valid on a calendar year basis. [5] Except recovered/stolen vehicle [6[ one time initial fee [7] Due, each December 1st [8] Policeone business Staff - calculationgrandfathered of direct salary, fringe benefits and departmental & citywide [9] overhead [10] Consultants - Cost plus 10% administrative fee [11] Source document from client "master fee shcedule.xlsx" [12] CA Government Code §6253. "A common standard that is viewed is legally defensible is [13] Revenue10 cents perSourced page." [FY1718 Revenue Worksheet-PD] [14] In accordance with City Ordinance 16-004 [15] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan [16] N/A [17] California Family Code 6389 and Penal Code 33880(a)
Police Department Approved July 19, 2016 Page 17 of 28 94 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Public Works
Effective July 19, 2016
DESCRIPTION FEE
PERMITS/LICENSES
Encroachment Permits
Application Fee $ 184
Plan Check [9,16] $ 246
"No Parking" signs (each) $ 31 plus cost of signs
Encroachment Permit Performance Security [1,7] $ 1,000 or $10,000 bond or as provided in Encroachment Agreement
Encroachment Permit Inspection Fee (2 hr minimum) [7,22,24] $ 244
Encroachment Permit Inspection Fee (Cost Recovery) [7,22,24] $ 122 per hour
Long Term Encroachment Permit (beyond 30 days) [2,7] $ 115 Per month after initial 30 days Final inspection for certificate of occupancy [17,] $ 368
Encroachment Agreements [18] $ 491
Discharge of Ground Water into Sanitary Sewer [10, 28] $ 246 Plus $1.25 per $100 cf of discharge based on City Ordinance
Private Development Projects Site Improvement Plan Check (Engineering) - Small [3,5,9] $ 737
Site Improvement Plan Check (Engineering) - Large [21,22] $ 123 Per Hour
Grading and Demolition Permits [9] Charge Per Current Building Permit Fee Schedule. Trash Plan Review [12] $ 491
Construction and Demolition Waste Management Plan review [19] $ 368
Green Halo Systems C&D Waste Management [11] $ 123
SWPPP Inspection on Private Developments [3,4,5] $ 614
Trash Plan Inspection [9] $ 246
Site Improvements Inspection [7,22,24] $ 122
Subdivisions Lot Line Adjustment Plan Check and Certificate of Compliance [9] $ 614
Parcel Map Plan Check [9] $ 614
Tentative Map Plan Check $ 123 Per Hour
Final Map Plan Check [9] $ 982
Plat and Legal Description Plan Check $ 246
Digital Basemap Processing Fee [6,8] $ 123
Public Works Approved July 19, 2016 Page 18 of 28 95 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Public Works
Effective July 19, 2016
DESCRIPTION FEE Stormwater Storm water Permit Application Fee [20] $ 184
Storm water Permit C3 Plan Check [21,22] $ 246 Deposit
Plus Actual Consultant Costs [7,24,30] At Cost Charged per Formula
Storm water Permit C3 Inspection [7,22,24] $ 111 Per Hour
Storm water C10 Plan Check [9] $ 123
Storm water Maintenance Agreement Review $ 368
Maintenance Agreement Recording at County $ 123
Storm water C3 O & M Inspections [7,21,22,26] At Cost Charged per Formula
Commercial / Industrial Storm water Inspections [7,21,22,26] At Cost Charged per Formula
Sign Permit Application fee $ 184
Annual permit Renewal Fee $ 123
Arborist Arborist Valuation Report for one (1) tree [7, 21, 22, 27] $ 220 first tree Included site visit and report
Valuation of additional tree(s) [7, 21, 22, 27] $ 55 per additional tree Same property, same report
Street tree soil investigation and planting report from consulting arborist [7,21,22,27] $ 110
OTHER/MISCELLANEOUS
Memorial bench with plaque (new bench) [23] $ 491 (plus cost to purchase and install bench and plaque
Memorial bench with plaque (existing bench) [23] $ 246
Public Works Approved July 19, 2016 Page 19 of 28 96 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Public Works
Effective July 19, 2016
DESCRIPTION FEE Note: For any services requiring staff time or the time of city hired consultants, charges will be
Public Works Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% admin fee
This is referred to as "Charged per formula."
[Notes] [1] Or $10,000 Bond or as required by Encroachment Agreement [2] Per Month After Initial 30 Days [3] Calculation of direct salary, fringe benefits and departmental & citywide overhead [4] Requiring City Oversight for Review of Improvement Plans and Inspections [5] Deposit of Estimated Charges to be Paid at Application/Permit Issuance [6] Charged to applicants requesting recording of lot line adjustment's, parcel maps, parcel map waivers and final maps within the City [7] Placeholder for MFS; not included in cost analysis [8] plus actual cost of County recording fee [9] 1 check, 1 re-check [10] 2 check, 1 re-check, post check [11] 1 pre-check, 1 post-check [12] 1 meeting with Architect, 1 check and 1 recheck [13] Includes site visit and report [14] Revenue Sourced [FY15 Revenue Details 9.8.15] [15] Volume of activity, labor time sourced from "PW_COS-040116 mk edit.xlsx" [16] Excludes private development [17] Includes two site visits [18] Plus City Attorney Time [19] 1 check, 1 re-check, 1 post check [20] 1 check for completeness [21] Actual cost of consulting inspector [22] Plus actual cost of City Staff Time [23] Plus actual costs to purchase bench, plaque and contractor installation [24] Rate for consultant PW Inspector [25] Rate for consultant plan check engineer [26] Rate for consultant inspection [27] Consulting Cost $200 per tree [28] Plus $1.25 per 100cf of discharge based on City Ordinance [29] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Public Works Approved July 19, 2016 Page 20 of 28 97 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Child Development Center
Effective July 19, 2016
DESCRIPTION FEE
Application Fee (applied against first month's tuition upon approval) $ 50
Non-Subsidized Fees: (Full Cost) Monthly Fee*
Infants (4 mos to 18 mos) Resident $ 1,676 Per Month Infants (4 mos to 18 mos) Non-Resident $ 1,862 Per Month
Toddler (18 mos to 36 mos) Resident $ 1,523 Per Month Toddler (18 mos to 36 mos) Non- Resident $ 1,694 Per Month
Pre-Schooler (3-5 Years Old), Resident $ 1,220 Per Month Pre-Schooler (3-5 Years Old), Non-Resident $ 1,354 Per Month
* Monthly Fee is a flat amount per month. There are no fee reductions for City observed holidays, recesses or for time away due to illness or vacation. There is a 10% sibling discount applicable on the lowest paid tuition.
State Subsidized Co-Pay Fees:
Children who participate in the State Subsidy Program pay fees between $1.00 and $17.75 per day based on annual household income and number of family members as determined by the State of California Department of Education.
Other Charges
Center provided diapers $1 each
Late pickup of child $1 per minute - first late pickup per minute - each late pick Late pickup of child $2 up after the first
Late payment of tuition. (Tuition is due on or before the 1st of the Month) $3 per day, not to exceed $50
Photocopying at CDC, Per Page $ 0.10
Note: For any services requiring staff time or the time of city hired consultants, charges will be as follows:
CDC Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate
Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
NOTE: [1] Fees for the Child Development Center were not analyzed by NBS. All Calculations were completed by the City. [2] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Child Development Center Approved July 19, 2016 Page 21 of 28 98 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Community Services
Effective July 19, 2016
DESCRIPTION FEE
Community Events Permit Community Event Permit, Application Fee, Resident $ 40 per application Community Event Permit, Application Fee, Non-Profit $ 60 per application Community Event Permit, Application Fee, Non-Resident $ 100 per application
Community Event Permit, Security Deposit $ 0-1,000 per permit
Park Rental Fees for Picnic Areas Park Rental Application Fee, Resident $ 5 per application Park Rental Application Fee, Non-Profit $ 7 per application Park Rental Application Fee, Non-Resident $ 10 per application
Marina Park, Site A or E, 49 People or Less, Resident $ 20 per hour Marina Park, Site A or E, 49 People or Less, Non-Profit $ 40 per hour Marina Park, Site A or E, 49 People or Less, Non-Resident $ 50 per hour
Marina Park, Site A or E, 50 People or More, Resident $ 40 per hour Marina Park, Site A or E, 50 People or More, Non-Profit $ 60 per hour Marina Park, Site A or E, 50 People or More, Non-Resident $ 100 per hour
Marina Park, Site B, C, or D, Resident $ 10 per hour Marina Park, Site B, C, or D, Non-Profit $ 20 per hour Marina Park, Site B, C, or D, Non-Resident $ 30 per hour
Doyle-Hollis Park, Sites A/B, Resident $ 30 per day Doyle-Hollis Park, Sites A/B, Non-Profit $ 50 per day Doyle-Hollis Park, Sites A/B, Non-Resident $ 80 per day Doyle-Hollis Park, Site C, Resident $ 40 per day Doyle-Hollis Park, Site C, Non-Profit $ 60 per day Doyle-Hollis Park, Site C, Non-Resident $ 90 per day Doyle-Hollis Park, Site D, Resident $ 50 per day Doyle-Hollis Park, Site D Non-Profit $ 75 per day Doyle-Hollis Park, Site D, Non-Resident $ 100 per day
All Other Parks, Resident $ 5 per day All Other Parks, Non-Profit $ 10 per day All Other Parks, Non-Resident $ 15 per day
Bounce House Use Fee - All Facilities, Resident $ 10 per rental Bounce House Use Fee - All Facilities, Non-Profit $ 15 per rental Bounce House Use Fee - All Facilities, Non-Resident $ 20 per rental Alcohol Use Fee - All Facilities, 49 People or Less, Resident $ 20 per rental Alcohol Use Fee - All Facilities, 49 People or Less, Non-Profit $ 30 per rental Alcohol Use Fee - All Facilities, 49 People or Less, Non-Resident $ 40 per rental Alcohol Use Fee - All Facilities, 50 People or More, Resident $ 40 per rental Alcohol Use Fee - All Facilities, 50 People or More, Non-Profit $ 50 per rental Alcohol Use Fee - All Facilities, 50 People or More, Non-Resident $ 60 per rental Deposit for Park Rentals $ 0-50 per rental
Community Services Approved July 19, 2016 Page 22 of 28 99 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Community Services
Effective July 19, 2016
DESCRIPTION FEE
ECCL School Gym, Pool, and Field Rental Fees * ECCL Rental Application Fee, Resident (per application) $ 20 per application ECCL Rental Application Fee, Non-Profit (per application) $ 30 per application ECCL Rental Application Fee, Non-Resident (per application) $ 40 per application ECCL Gym Rental Fee, Resident (M-TH) $ 24 per hour ECCL Gym Rental Fee, Non-Profit and Youth Group (M-TH) $ 49 per hour ECCL Gym Rental Fee, Non-Resident (M-TH) $ 54 per hour ECCL Gym Rental Fee, Resident (Fri - Sun) $ 44 per hour ECCL Gym Rental Fee, Non-Profit and Youth Group (Fri - Sun) $ 69 per hour ECCL Gym Rental Fee, Non-Resident (Fri - Sun) $ 74 per hour
ECCL Gym Rental Preparation Fee $30-1,000 per rental ECCL Gym Rental Deposit $150-1,000 per rental
ECCL Athletic Field Rental Fee, Resident $ 4 per hour ECCL Athletic Field Rental Fee, Non-Profit and Youth Group $ 24 per hour ECCL Athletic Field Rental Fee, Non-Resident $ 34 per hour
ECCL Athletic Field Rental Preparation Fee $ 30-1,000 per rental ECCL Athletic Field Rental Deposit $ 150-1,000 per rental ECCL Swimming Pool Rental Fee (1-50 People), Resident $ 34 per hour ECCL Swimming Pool Rental Fee (1-50 People), Non-Profit $ 59 per hour ECCL Swimming Pool Rental Fee (1-50 People), Non-Resident $ 84 per hour
ECCL Swimming Pool Rental Fee - Each Additional 1-25 People Per Rental/Hour $ 20 per hour ECCL Swimming Pool Rental Preparation Fee (per rental) $ 30-1,000 per rental ECCL Swimming Pool Rental Deposit (per rental) $ 150-1,000 per rental
ECCL "Recreation Swim Party Area Rental", Resident $ 35 per rental ECCL "Recreation Swim Party Area Rental", Non-Profit $ 40 per rental ECCL "Recreation Swim Party Area Rental", Non-Resident $ 45 per rental ECCL Building C Rental Fee Resident $ 84 per hour ECCL Building C Rental Fee Non-Profit $ 109 per hour ECCL Building C Rental Fee Non-Resident $ 134 per hour
* ECCL Cleaning Fee [4] Market Rate * ECCL LG/Facility Attendant [4] $ 16
ECCL Building A Multi-Purpose Room ECCL Building A Multi-Purpose Room Resident $ 59 per hour ECCL Building A Multi-Purpose Room Non-Profit $ 84 per hour ECCL Building A Multi-Purpose Room Non-Resident $ 114 per hour
ECCL Teen Center ECCL Teen Center Resident $ 24 per hour ECCL Teen Center Non-Profit $ 49 per hour ECCL Teen Center Non-Resident $ 54 per hour
ECCL Classrooms ECCL Classrooms Resident $ 24 per hour ECCL Classrooms Non-Profit $ 34 per hour ECCL Classrooms Non-Resident $ 39 per hour
City of Emeryville Indoor Facility Rental Prices City Indoor Facilities Rental Application Fee, Resident $ 20 per application City Indoor Facilities Application Fee, Non-Profit $ 30 per application City Indoor Facilities Application Fee, Non-Resident $ 40 per application
Bridgecourt Room Bridgecourt Room Rental Fee, Resident $ 40 per hour Bridgecourt Room Rental Fee, Non-Profit $ 50 per hour Bridgecourt Room Rental Fee, Non-Resident $ 55 per hour
Bridgecourt Room Rental Deposit $ 150 per rental
Community Services Approved July 19, 2016 Page 23 of 28 100 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Community Services
Effective July 19, 2016
DESCRIPTION FEE
Recreation Center Recreation Center, One Room Rental Fee, Resident $ 40 per hour Recreation Center, One Room Rental Fee, Non-Profit $ 50 per hour Recreation Center, One Room Rental Fee, Non-Resident $ 55 per hour
Recreation Center, Entire Facility Rental Fee, Resident $ 80 per hour Recreation Center, Entire Facility Rental Fee, Non-Profit $ 90 per hour Recreation Center, Entire Facility Rental Fee, Non-Resident $ 100 per hour
Recreation Center Rental Deposit - Entire Facility $ 500 per rental Recreation Center Rental Deposit - One Room $ 150 per rental
Senior Center Senior Center Main Hall, Stage, Kitchen Rental Fee, Resident $ 75 per hour Senior Center Main Hall, Stage, Kitchen Rental Fee, Non-Profit $ 100 per hour Senior Center Main Hall, Stage, Kitchen Rental Fee, Non-Resident $ 130 per hour
Senior Center Kitchen Rental Fee, Resident $ 30 per hour Senior Center Kitchen Rental Fee, Non-Profit $ 40 per hour Senior Center Kitchen Rental Fee, Non-Resident $ 45 per hour
Senior Center Upstairs Multi-Purpose Room Rental Fee, Resident $ 50 per hour Senior Center Upstairs Multi-Purpose Room Rental Fee, Non-Profit $ 65 per hour Senior Center Upstairs Multi-Purpose Room Rental Fee, Non-Resident $ 70 per hour
Senior Center Billiards/Bar Rooms Rental Fee, Resident $ 40 per hour Senior Center Billiards/Bar Rooms Rental Fee, Non-Profit $ 65 per hour Senior Center Billiards/Bar Rooms Rental Fee, Non-Resident $ 70 per hour
Senior Center, Entire Facility Rental Fee, Resident $ 125 per hour Senior Center, Entire Facility Rental Fee, Non-Profit $ 150 per hour Senior Center, Entire Facility Rental Fee, Non-Resident $ 185 per hour
Senior Center Janitorial Fees Market Rate Senior Center Main Hall, Stage, Kitchen OR Entire Facility Rental Deposit $ 500 per rental Senior Center Kitchen OR Upstairs Multi-Purpose OR Billiards/Bar Rooms Rental Deposit $ 150 per rental
Senior Center Rental Rate for Any Area(s) for Emeryville Veterans Organizations No Charge Senior Center Janitorial Fees for Any Area(s) for Emeryville Veterans Organizations Market Rate
Child Development Center Resident - CDC Multipurpose Room, Kitchen, Play Areas $ 50 per hour Non-Profit - CDC Multipurpose Room, Kitchen, Play Areas $ 75 per hour Non-Resident - CDC Multipurpose Room, Kitchen, Play Areas $ 80 per hour Deposit - CDC Multipurpose Room, Kitchen, Play Areas $ 500 per rental Setup Fee - CDC Multipurpose Room, Kitchen, Play Areas $ 60 per rental
Special Event Sponsorship Fee Special Event Sponsorship Fee $ 100-15,000 per event Special Event Booths, Tents, Chairs, and Tables Rental Fee Market Rate Special Event Booths, Tents, Chairs, and Tables - Security Deposit $ 100-1,000
Photocopying at Senior, Recreation, or CDC Center, Per Page $ 0.10
Community Services Approved July 19, 2016 Page 24 of 28 101 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Community Services
Effective July 19, 2016
DESCRIPTION FEE
Note: For any services requiring staff time or the time of city hired consultants, charges will be
Community Services Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate
Cost plus 10% Consultants charged at administrative fee
This is referred to as "Charged per formula."
NOTE: [1] Fees for the Community Services Division were not analyzed by NBS. All Calculations were completed by the City. [2] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan [3] N/A [4] Required for all ECCL rentals. Number of staff TBD by manager.
Community Services Approved July 19, 2016 Page 25 of 28 102 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Youth Services
Effective July 19, 2016
DESCRIPTION FEE
Pre-School Summer Camps * Pre-School M/W/F Resident $ 46 per three days (3.5-5 years old) M/W/F Non-Resident $ 51 per three days T/H Resident $ 33 per two days T/H Non-Resident $ 38 per two days
Pre-K Resident $ 84 per week (5-6 years old) Non-Resident $ 89 per week Sibling Discount $ 10
Summer Basic Day Camp * (9am - 6pm) Resident $ 103 per 1 week session Non-resident $ 108 per 1 week session Sibling Discount $ 10 Daily Drop in Fee $ 15 per day
Summer Extended Day Camp * (7:30am - 6pm) Resident $ 121 per 1 week session Non-resident $ 126 per 1 week session Sibling Discount $ 10 Daily Drop in Fee $ 30 per day Sliding Scale; fees based on monthly income & family size $0-$121
* Summer camps offered June through August 2016 are charged fees based on the 7/1/14-6/30/15 master fee schedule while camps offered June through August 2017 are charged based on the 7/1/16-6/30/17 fee schedule.
After School Program Kindergarten Resident $ 231 per month Non-resident $ 236 per month Daily Drop in Fee $ 15 per day 1st through 6th Grades Resident $ 169 per month Non-resident $ 174 per month Sibling Discount $ 10 Daily Drop in Fee $ 15 per day Sliding Scale; fees based on monthly income & family size $0-$231
Late Payment Fee for After-School Program $ 10 Late Pick up Fee for After-School Program $ 1 per minute Sibling Discount for the After-School Program $ 10
Before School Program K through 9th Grade Resident $ 25 per month Non-Resident $ 30 per month
Kinderbuddies Mon/Wed/Fri Class Residents $ 116 per month Non-Residents $ 121 per month Tue/Thu Class Residents $ 80 per month Non-Residents $ 85 per month
Youth Sports All Youth Sports Residents Direct Cost Recovery Non-Residents Direct Cost Recovery Plus $5
Youth Field Trips Major Trips Residents Direct Cost Recovery Non-Residents Direct Cost Recovery Plus $5
Youth Services Approved July 19, 2016 Page 26 of 28 103 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Youth Services
Effective July 19, 2016
DESCRIPTION FEE
Youth Fee Classes Fee Classes Residents Direct Cost Recovery Non-Residents Direct Cost Recovery + $5
Teen Programs Leaders In Training Residents $ 49 per session Non-Residents $ 54 per session After school teen program Residents $ 25 per month Non-Residents $ 30 per month Drop in fee $ 3 per day
Youth Seasonal/Special Events Special Event Entrance Fees Various
AQUATICS PROGRAM
Swim Lessons Resident $ 38 per session Non-Resident $ 43 per session
Life Guard Training $ 207 per session
Master Swim Program Residents $ 5 per class Non Residents $ 7 per class
Public Recreation Swimming Recreation Open Swim, Adults (18+ years old), Per Day $ 3 per day Recreation Open Swim, Adults (18+ years old), Per 10-Day Pass $ 20 per 10-day pass Recreation Open Swim, Adults (18+ years old), Per Season $ 90 per season pass
Recreation Open Swim, Children (5-17 years old), Per Day $ 2 per day Recreation Open Swim, Children (5-17 years old), Per 10-Day Pass $ 10 per 10-day pass Recreation Open Swim, Children (5-17 years old), Per Season $ 50 per season pass
Recreation Open Swim, Infant/Toddler (<5 years old), Per Day Free
Advertising Fees Activity Guide Advertising (Per Issue) 3 1/2" x 2" (business card) $ 97 per placement 3 5/8" x 4 1/2" (quarter page) $ 182 per placement Half Page $ 315 per placement Full Page $ 582 per placement Discount for 3 or more guides 20%
Discount for registering at annual Community Expo 10% Applies to all fees
Returned Check Fee $ 25 per check
Photocopying at Recreation Center, Per Page $ 0.10
Note: For any services requiring staff time or the time of city hired consultants, charges will be as follows: Youth Services Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee This is referred to as "Charged per formula."
NOTE: [1] Fees for the Youth Services Division were not analyzed by NBS. All Calculations were completed by the City. [2] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Youth Services Approved July 19, 2016 Page 27 of 28 104 August 1, 2016 Item 11 City of Emeryville Master Fee Schedule Adult Services
Effective July 19, 2016
DESCRIPTION FEE
Adult Sports Leagues Residents Direct Cost Recovery Non-Residents Direct Cost Recovery Plus $5
Adult Fee Classes Residents Direct Cost Recovery Non-Residents Direct Cost Recovery + $5
Includes open gym, fintness ECCL Fitness Passport ctr., water exercise & lap swim Per Day - Resident $ 4 per day Per Day - Non-Resident $ 5 per day Per 10-Day Pass - Resident $ 30 per day Per 10-Day Pass - Non-Resident $ 40 per day Per Season - Resident $ 100 per day Per Season - Non-Resident $ 125 per day
Senior Center Fee Classes Market Rate
Senior Center Member Classes Senior Center Members FREE General Public Under 50 and Member Guests $ 7 per class
Senior Center Membership Fee Residents $ 20 per year Non-Residents $ 20 per year
Senior Center Trips Fee Residents Market Rate
Senior Center Special Events Fee various
Photocopying at Senior Center, Per Page $ 0.10 per page
Note: For any services requiring staff time or the time of city hired consultants, charges will be as follows: Adult Services Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
This is referred to as "Charged per formula."
NOTE: [1] Fees for the Adult Services Division were not analyzed by NBS. All Calculations were completed by the City. [2] Overhead Rate charged at 45.76% derived from the City's Cost Allocation Plan
Adult Services Approved July 19, 2016 Page 28 of 28 105 August 1, 2016 Item 11 (Additions to code are signified in bold and underlined font)
• Chapter 8 - MEDICAL MARIJUANA DISPENSARIES, COMMERCIAL CULTIVATION REGULATIONS, AND DELIVERIES
• Sec. 5-8-1. - Terms. Added
Marijuana means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes marijuana infused in foodstuff. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant are incapable of germination.
Commercial cultivation shall have the same meaning as set forth in Business and Professions Code Section 19300.5(l) but is distinguished from personal cultivation which is separately defined in Title 7 Chapter 7 Article 6 of the Gustine Municipal Code.
Delivery or Deliveries shall have the same meaning as set forth in Business and Professions Code Section 19300.5(m) as the same may be amended from time to time.
Medical marijuana dispensary means any association, cooperative, club, coop, delivery service, collective, and any other similar use involved in the sale, possession, cultivation, use, and/or distribution of marijuana for medicinal purposes.
(Ord. No. 462, § 1(Exh. A), 10-2-2012)
• Sec. 5-8-2. - Imposition of prohibition. Added
The city council hereby prohibits all medical marijuana dispensaries and all commercial cultivation of marijuana within all zones and planned developments within the city.
• Sec. 5-8-3. - Deliveries Added
Deliveries of medical marijuana are allowed to within the city limits of Gustine to private properties only. Delivery and transportation services are required to obtain a business license pursuant to Title 5 Chapter 2 of the Gustine Municipal Code. Deliveries of medical marijuana shall only be delivered to the residence of the medical card holder. Delivery drivers are required under this section to verify this prior to completion of delivery.
(Ord. No. 462, § 1(Exh. A), 10-2-2012)
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Article 2: Health Regulated Businesses and Activities
Division 13: Medical Marijuana Regulations: Patients and Caregivers (“San Diego Medical Cannabis Voluntary Verification Card Program” added 2–25–2002 by O–19036 N.S. (Retitled to” Medical Marijuana Regulations: Patients and Caregivers“ and amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1301 Purpose and Intent
(a) It is the intent of the Council to adopt regulations consistent with California Health and Safety Code section 11362.5 (Compassionate Use Act) and California Health and Safety Code sections 11362.7-11362.83 (Medical Marijuana Program), to protect the public health, safety, and welfare.
(b) Nothing in this Division is intended to override a peace officer’s judgment and discretion based on a case-by-case evaluation of the totality of the circumstances, or to interfere with a peace officer’s sworn duty to enforce applicable law.
(c) Nothing in this Division is intended to reduce the rights of a qualified patient or primary caregiver otherwise authorized by California Health and Safety Code section 11362.5(d).
(d) This Division shall be interpreted in a manner consistent with state law. Nothing in this Division is intended to authorize the sale, distribution, possession of marijuana, or any other transaction, in violation of state law. (Amended 9–29–2003 by O–19218 N.S.) (Amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1302 Definitions
For the purpose of this Division the following definitions shall apply and appear in italicized letters:
Marijuana has the same meaning as in California Health and Safety Code section 11018.
Ch. Art. Div. 4 2 13 1
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Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health and Safety Code section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana.
Processed marijuana means harvested marijuana that is in a form other than a live plant.
Qualified patient means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief in accordance with state law, including California Health and Safety Code section 11362.5.
SDPD means the City of San Diego Police Department.
State identification card means the card issued to a patient or caregiver in accordance with California Health and Safety Code sections 11362.71-11362.76. (Amended 9-29-2003 by O-19218 N.S.) (Amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1303 State Identification Card Holders: Permissible Amounts of Marijuana
A person in possession of a current and valid state identification card and who is within the jurisdictional limits of the City, is not subject to arrest by the SDPD for possession of marijuana, or detention by the SDPD longer than necessary to verify his or her status, or seizure by the SDPD of marijuana in his or her possession, if the amount of marijuana possessed is within the following limits:
(a) Processed Marijuana - Qualified Patients.
An individual who is a qualified patient may possess the total amount of processed marijuana, regardless of growing method, recommended by his or her physician for the length of time recommended by the physician, not to exceed one pound, or an amount consistent with the physician’s recommendation, whichever is less.
Ch. Art. Div. 4 2 13 2
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(b) Processed Marijuana - Primary Caregivers.
An individual who is a primary caregiver may possess no more than the amount specified in section 42.1303(a) for each qualified patient for whom the individual serves as a verified primary caregiver, except that such amount shall not exceed two pounds, or an amount consistent with the physician’s recommendation, whichever is less.
(c) Indoor Plants - Qualified Patients.
A qualified patient may possess a maximum of twenty-four unharvested marijuana plants growing in an area of no more than 64 square feet, or an amount consistent with the physician’s recommendation, whichever is less.
(d) Indoor Plants - Primary Caregivers.
A primary caregiver may possess no more than the amount of marijuana specified in section 42.1303(c) and growing in the space specified in 42.1303(c), for each qualified patient for whom the individual serves as a primary caregiver, not to exceed a total of ninety-nine plants, or an amount consistent with the recommendation of the physician or physicians, whichever is less.
(e) Outdoor/Greenhouse Plants.
No unsupervised outdoor marijuana cultivation shall be permitted. Growing marijuana shall only be permitted in a fully enclosed yard with a minimum six-foot fence perimeter or a greenhouse or structure that must be locked and contained. The amount of marijuana grown in the enclosed yard with a minimum six-foot fence perimeter or greenhouses or structures that are locked and contained shall not exceed the permissible amounts for indoor plants according to sections 42.1303(c) and 42.1303(d).
(f) Possession of marijuana in amounts which exceed those set forth in section 42.1303(a)-(d) by persons with state identification cards will be evaluated by SDPD on a case-by-case basis according to the totality of the circumstances, taking into account facts such as whether the amount possessed is consistent with a physician’s recommendation. (Renumbered from former Section 42.1308, retitled to “State Identification Card Holders: Permissible Amounts of Marijuana” and amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011. Former Section 42.1303 repealed.)
Ch. Art. Div. 4 2 13 3
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§42.1304 Smoking
Qualified patients, including those with state identification cards, are prohibited from smoking marijuana in any public place or in any place open to the public. Any person who violates this section is guilty of an infraction. (Renumbered from former Section 42.1313, and amended 4-27-2011 by O-20043 N.S.; effective 5-27-2011. Former Section 42.1304 repealed.)
Ch. Art. Div. 4 2 13 4
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Article 2: Health Regulated Businesses and Activities
Division 15: Medical Marijuana Consumer Cooperatives (“Medical Marijuana Consumer Cooperatives” added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1501 Purpose and Intent
It is the intent of this Division to promote and protect the public health, safety, and welfare of the citizens of San Diego by allowing and strictly regulating the cooperative cultivation and exchange of medical marijuana among qualified patients, primary caregivers, and state identification card holders consistent with state law. It is further the intent of this Division to ensure that marijuana is not diverted for illegal purposes, and to limit its use to those persons authorized under state law. Nothing in this Division is intended to authorize the sale, distribution, possession of marijuana, or other transaction, in violation of state law.
It is not the intent of this Division to supersede or conflict with state law, but to implement the Compassionate Use Act (California Health and Safety Code section 11362.5) and the Medical Marijuana Program (California Health and Safety Code sections 11362.7-11362.83). Further, the California Corporations Code may allow some conduct for consumer cooperatives that is not otherwise permissible under the California Health and Safety Code and this Division, such as the distribution of profits to members; in those circumstances, it is the intent of the City that the state and municipal laws governing medical marijuana control. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1502 Definitions
For the purpose of this Division, the following definitions shall apply and appear in italicized letters:
Marijuana has the same meaning as in California Health and Safety Code section 11018.
Medical marijuana consumer cooperative means a facility where marijuana is transferred to qualified patients or primary caregivers in accordance with the Compassionate Use Act of 1996 and the Medical Marijuana Program Act, set forth in California Health and Safety Code sections 11362.5 through 11362.83. A medical marijuana consumer cooperative shall not include clinics licensed by the State of California pursuant to Chapters 1, 2, 3.01, 3.2, or 8 of Division 2 of the California Health and Safety Code. Ch. Art. Div. 4 2 15 1
111 August 1, 2016 Item 11 San Diego Municipal Code Chapter 4: Health and Sanitation (3-2015)
Primary caregiver means the individual designated by the qualified patient who has consistently assumed responsibility for the housing, health, or safety of the qualified patient, in accordance with state law, including California Health and Safety Code section 11362.5. As explained in People v. Mentch, 45 Cal. 4th 274 (2008), a primary caregiver is a person who consistently provides caregiving to a qualified patient, independent of any assistance in taking medical marijuana, at or before the time he or she assumed responsibility for assisting with medical marijuana.
Qualified patient means a California resident having the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief, in accordance with state law, including California Health and Safety Code section 11362.5.
Reasonable compensation means compensation for directors, managers, and responsible persons of the medical marijuana consumer cooperative commensurate with reasonable wages and benefits paid to employees of IRS qualified non-profit organizations who have similar descriptions and duties.
Responsible person has the same meaning as in San Diego Municipal Code section 11.0210, and includes an employee and each person upon whom a duty, requirement or obligation is imposed by this Division, or who is otherwise responsible for the operation, management, direction, or policy of a medical marijuana consumer cooperative. It also includes an employee who is in apparent charge of the medical marijuana consumer cooperative.
State identification card means the card issued to a qualified patient or primary caregiver in accordance with California Health and Safety Code sections 11362.71-11362.76.
Violent felony means the same as it does in California Penal Code section 667.5(c) as may be amended from time to time. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.) (Amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.)
Ch. Art. Div. 4 2 15 2
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§42.1503 Cooperatives–Organization
All persons who organize to collectively and cooperatively cultivate medical marijuana pursuant to state law shall organize as a “Consumer Cooperative Corporation” pursuant to California Corporations Code Title 1, Division 3, Part 2. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1504 Cooperatives–Permit Required
(a) It is unlawful for any person to operate any Medical marijuana consumer cooperative without a Medical Marijuana Consumer Cooperative Permit issued pursuant to this Division.
(b) In addition to any other information requested by the City, a permit applicant must provide evidence that the applicant is in compliance with section 42.1503.
(c) The medical marijuana consumer cooperative shall designate one of its officers or managers to act as its responsible managing officer. The responsible managing officer may complete and sign the permit application on behalf of the medical marijuana consumer cooperative.
(d) The issuance of a Medical Marijuana Consumer Cooperative Permit pursuant to this Division does not relieve any person from obtaining any other permit, license, certificate, or other similar approval that may be required by the City, the County of San Diego, or state or federal law.
(e) A permit applicant must obtain a Conditional Use Permit as required by Chapter 12, Article 6, Division 3, prior to obtaining a permit under this Division.
(f) Applications for Medical Marijuana Consumer Cooperative Permits shall be filed with the City Manager.
(g) The City Manager shall act upon the application within thirty calendar days, except that notice of an incomplete application shall be given within five business days.
(h) Medical Marijuana Consumer Cooperative Permits issued pursuant to this Division shall be valid for one year.
(i) An application for a Medical Marijuana Consumer Cooperative Permit shall be denied if the permit was revoked by the City Manager within the past twelve months. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.) (Amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.) Ch. Art. Div. 4 2 15 3
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§42.1505 Exemptions This Division does not apply to the cultivation of marijuana by a qualified patient at that patient’s home, so long as the patient is only growing for his or her own personal medical needs in a manner consistent with state law. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.) (Amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.)
§42.1506 Cooperatives–Cost Recovery Fees
Notwithstanding any other provision of this Code, the City may recover its costs in the form of a permit fee for the costs of permitting and regulating medical marijuana consumer cooperatives. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.)
§42.1507 Cooperatives–Background Checks
(a) All responsible persons in the medical marijuana consumer cooperative shall undergo fingerprinting prior to acting as a responsible person. The fingerprints shall be provided to and kept on file with the City.
(b) The City shall conduct a background check of all responsible persons. Any person who has been convicted of a violent felony or a crime of moral turpitude within the past seven years, cannot act as a responsible person in the medical marijuana consumer cooperative.
(c) It is unlawful for any responsible person in a medical marijuana consumer cooperative to act as a responsible person for the medical marijuana consumer cooperative if he or she:
(1) fails to provide their fingerprints to the City; or
(2) has been convicted of a violent felony or crime of moral turpitude within the past seven years.
(d) The cost of the fingerprinting and attendant background check shall be borne by the responsible person. (Added 4-27-2011 by O-20043 N.S.; effective 5-27-2011.) (Amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.)
Ch. Art. Div. 4 2 15 4
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§42.1508 Cooperatives–Operational Requirements
(a) Verification and Documentation
(1) Responsible persons shall ensure that all transactions involving money, in-kind contributions, reimbursements, reasonable compensation, and marijuana are fully documented, including documenting each member’s contribution of labor, resources, or money to the medical marijuana consumer cooperative, and the source of their marijuana.
(2) Upon the City’s request, responsible persons for the medical marijuana consumer cooperative shall provide to the City an audit of its operations for the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles.
(3) A medical marijuana consumer cooperative shall maintain and provide upon request by the City a current list of all responsible persons.
(b) Not-for-Profit
Responsible persons shall ensure that:
(1) No medical marijuana consumer cooperative operates for profit for itself or its members. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members towards the medical marijuana consumer cooperative’s actual expenses for the growth, cultivation, and provision of medical marijuana shall be allowed in accordance with state law.
(2) Medical marijuana consumer cooperative responsible persons, including directors, managers, and employees, are limited to receiving reasonable compensation and shall not receive a bonus.
(3) Members who bring medical marijuana from their own personal grows to the medical marijuana consumer cooperative, may be compensated by cash or trade in-kind. Members may be compensated for their expenses as provided by state law at the time the harvest is brought to the medical marijuana consumer cooperative.
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(c) Age Limitations
(1) No person under the age of eighteen is allowed at or in any medical marijuana consumer cooperative unless the person is a qualified patient or state identification card holder and accompanied by their parent, legal guardian, or a primary caregiver who is over the age of eighteen.
(2) No person under the age of eighteen may be employed by or act as a responsible person on behalf of the medical marijuana consumer cooperative.
(d) Transporation
All persons transporting medical marijuana in connection with a medical marijuana consumer cooperative shall do so in accordance with state law.
(e) Packaging and Labeling
Responsible persons for the medical marijuana consumer cooperative shall ensure that medical marijuana, edible products containing medical marijuana, and concentrates comply with the following packaging and labeling requirements:
(1) Marijuana must be sealed in an airtight manner, and must have a label affixed to the package containing the following information:
(A) Patient’s name;
(B) Dispensing date;
(C) Name and address of dispensing cooperative;
(D) Name of product;
(E) Product ingredients;
(F) Product must be used as recommended;
(G) Product must be kept out of the reach of children;
(H) Product users must not operate heavy machinery while under the influence of marijuana;
(I) Sale or transfer of product to non-patients is prohibited; Ch. Art. Div. 4 2 15 6
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(J) Product is intended for medical use only. Cal. Health & Safety Code § 11362.5; and
(K) Any additional use instructions and warnings that may be applicable.
(2) Edible Products and Concentrates must be labeled with the following:
(A) Patient’s name;
(B) Dispensing date;
(C) Name and address of dispensing cooperative;
(D) A warning label that contains the cannabis patient advisory information required in section 42.1508(f); and
(E) The source of the food production.
(3) Medical Marijuana Consumer Cooperatives are encouraged to label products for potency.
(4) The City of San Diego may at any time have medical marijuana tested for pesticides, mold, mildew, and/or bacteria, and make such testing results available to consumers.
(f) Interior Signage A sign shall be posted on a wall in the medical marijuana consumer cooperative which states the following:
CANNABIS PATIENT ADVISORY
THIS IS A WARNING REGARDING EDIBLE CANNABIS/MARIJUANA PRODUCTS
CAUTION – Edible marijuana products contain cannabis extracts (THC – Tetra Hydro Cannabinol).
Marijuana is not regulated as a food ingredient and therefore the County Department of Environmental Health does not have any regulatory authority over this ingredient in edibles. (Retitled from “Cooperatives–Verification and Documentation” to “Cooperatives–Operational Requirements” and amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.) Ch. Art. Div. 4 2 15 7
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§42.1509 Cooperatives-Regulatory Actions on Permit
(a) In addition to any penalties and remedies provided by law, a Medical Marijuana Consumer Cooperative Permit is subject to any of the following regulatory actions:
(1) non-compliance with this Division or any condition of this permit;
(2) conviction of any crime which would have been grounds for denial of the permit;
(3) failure to take corrective action after timely written notice of a violation; or
(4) failure to supervise the business, resulting in a pattern of violations of the San Diego Municipal Code or other provisions of law by the responsible persons or patrons, or both. A revocation based on the act or omission of a patron may be based on a determination that a responsible person caused or condoned the act or omission, or failed to take reasonable corrective action after a timely written notice of violation.
(b) Regulatory action includes the following:
(1) Issuance of a verbal warning;
(2) Issuance of a written warning;
(3) Issuance of a notice of violation;
(4) Placing conditions upon the permit which are reasonably related to any violation. Unless otherwise stated as part of the condition, all such conditions expire when the permit expires, excluding any time stayed during an appeal;
(5) Suspension of the Medical Marijuana Consumer Cooperative Permit; or
(6) Revocation of the Medical Marijuana Consumer Cooperative Permit.
(c) Written notice of the regulatory actions taken pursuant to section 142.1509(b)(2) through (b)(6) shall be provided to the individual identified as the responsible managing officer pursuant to section 42.1504(c).
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(d) A request for an appeal hearing of the regulatory actions taken pursuant to section 142.1509(b)(2) through (b)(6) may be made by the responsible managing officer.
(e) The request for an appeal hearing must be made in writing to the City Manager within ten calendar days of the receipt of the notice of regulatory action.
(f) Upon receiving the request for a hearing, the City Manager shall set hearing not more than thirty calendar days from the date of the receipt of the request, unless a later date is agreed to by the City and the responsible managing officer in writing.
(g) The City Manager shall notify the responsible managing officer of the date, time, and place of the hearing by means of registered or certified mail, or hand delivery.
(h) The hearing shall be conducted by a hearing officer provided by the City Manager.
(i) The hearing officer may affirm, deny, or modify the regulatory action, and shall furnish the reason for the decision to the responsible managing officer in writing within thirty calendar days of the conclusion of the hearing.
(j) The regulatory action shall be suspended while an appeal is pending, or until the time for filing such an appeal has expired, except for regulatory action taken when the City Manager determines there is a need to take immediate action to protect the public from injury or harm or when the Medical Marijuana Consumer Cooperative Permit was based on material misrepresentations in the application and the permit would not have been issued but for the material misrepresentations. (Retitled from “Cooperatives–Not-for-Profit” to “Cooperatives-Regulatory Actions on Permit” and amended 2-6-2015 by O-20460 N.S.; effective 3-8-2015.)
Ch. Art. Div. 4 2 15 9
119 August 1, 2016 Item 11 How to apply for a Conditional Use Permit INFORMATION BULLETIN Medical Marijuana Consumer Cooperative 170 CITY OF SAN DIEGO Development Services 1222 FIRST AVENUE, MS 301 SAN DIEGO, CA 92101-4101 July 2014
This Information Bulletin describes the application process for a Medical Marijuana Consumer Coopera- Documents Referenced in this tive Conditional Use Permit. Information Bulletin • San Diego Municipal Code, (SDMC) I. Medical Marijuana consumer co- operatives • Medical Marijuana Consumer Cooperatives, All Medical Marijuana Consumer Coopera- Chapter 4, Article 2, Division 15) tives (MMCC) are regulated by SDMC, Section • Project Submittal Manual, Section 4 141.0614 and Chapter 4, Article 2, Division 15. • Information Bulletin 503, Fee/Deposit Schedule This information bulletin provides general infor- For Development & Policy Approvals/Permits mation, regulations and minimum submittal re- • Information Bulletin 512, How to Obtain Public quirements to apply for a Process 3 Conditional Noticing Information Use Permit (CUP) for an MMCC. For general • Information Bulletin 580, Potential Historical information please E-mail dsdmedmarco@sandi- Resource Review ego.gov. • Affidavit for Medical Marijuana Consumer Co- operatives for Conditional Use Permit (CUP), II. Medical Marijuana Consumer Co- DS-190 operative Restrictions • Ownership Disclosure Statement, DS-318 A. The total number of MMCCs is limited to four • storm Water Requirements Applicability (4) per City Council District. Checklist, DS-560 B. MMCCs are not allowed within 1,000 feet of • General Application, DS-3032 the following: public park; church; child care • deposit Account/Financially Responsible Par- center; playground; City library; minor-orient- ty, DS-3242 ed facility; other Medical Marijuana Consum- er Cooperatives; residential care facilities; or schools (as defined in Section 141.0614). tion 4). The Submittal Matrix and the Minimum Submittal Requirements Checklist identify the C. MMCCs are not allowed within 100 feet of a forms, documents, and plans that are required. residential zone. The Submittal Matrix is an easy-to-use tool to help you quickly identify the type of items need- D. MMCCs are allowed only in the following ed for submittal. The Submittal Requirements zones: IBT; IL-3-1; IS-1-1; CC-2-1; CC-2-2; Checklist provides a description of the require- CC-2-3; CR-2-1; CO-2-1; CO-2-2; and within ment and content of each form, document, and the following Planned Districts; Barrio Lo- plan details needed. The checklist also provides gan (Subdistrict D), Carmel Valley (EC & SP), the applicant with information references re- Centre City (WM, I, T & CC), Mission Val- garding the required fees and deposits. ley (CO, CV & CR-without residential), San Ysidro (Commercial Zones 1, 2 & 3 and I-1 In- All MMCC CUP applications will go through a dustrial Zones) and Southeastern San Diego three-step completeness review process to en- (Commercial Zones 1, 2 & 3 and I-1 Industrial sure that all of the required information is pro- Zones). vided to review the project.
III. Options for Service A. STEP ONE: INITIAL SCREENING MMCC CUP applications may be submitted by One copy of all items noted in the checklist be- appointment by calling (619) 446-5300 or as a low must be provided during this first initial Walk-In Service at 1222 1st Avenue, 3rd floor, screening step: Check-In Counter. 1. General Application (DS-3032). 2. Deposit Account/Financially Responsible Iv. Submittal Requirements Party Form (DS-3242). The Development Services Department will not 3. Ownership Disclosure Statement (DS-318). accept, formally review nor deem complete any 4. Proof of Ownership/Legal Lot Status MMCC CUP applications unless that applica- (Grant Deed). tion package satisfies all of the City’s minimum 5. Storm Water Requirement Checklist project submittal requirements for Conditional (DS-560). Use Permits (see Project Submittal Manual, Sec- 6. Photographic Survey photos and CD-R.
Printed on recycled paper. Visit our web site at www.sandiego.gov/development-services. Upon request, this information is available in alternative formats for persons with disabilities.
DS-5170 (07-14)
120 August 1, 2016 Item 11 Page of 2 City of San Diego • Information Bulletin 170 July 2014
7. Site plan with development summary. request for the Public Notice Package. Once 8. Floor plan. staff accepts the Full Submittal, the project 9. Elevations if proposing exterior modifica- will then be assigned to a project manager tions. and routed to the required reviewers. 10. Historic Resources Information (See Infor- mation Bulletin 580) if exterior alterations Once the project application has been deter- are proposed on a structure 45 years or mined by staff to meet all City, State and Fed- older. eral rules, codes, policies and procedures, the 11. Fees (see Information Bulletin 503 & Sec- project will be scheduled for a public hearing tion V of this bulletin). with the Hearing Officer. Once four (4) proj- 12. In addition to the submittal requirements ects per each council district have obtained for CUP, the following information is re- final approval from the City’s decision-maker, quired: all other applicants in that Council district a. 1000-foot Radius Map. will be notified that pursuant to the Municipal i. Provide a one page Assessor’s par- Code, no more applications can be approved. cel map outlining a 1000-foot radius around the subject property. Include v. Deposit/Fees a spreadsheet identifying the use, The deposit and fees must be paid at the time address, assessor parcel number, and of Initial Screening (Step One). See Information business name within the 1,000 foot Bulletin 503 “Fee Schedule for Development & radius. Policy Approvals/Permits.” ii. The map must also identify residen- tial zones within 100-feet of the prop- The following deposit and fees will be charged at erty. time of application: b. Affidavit for Medical Marijuana Con- sumer Cooperatives for Conditional Initial Deposit...... $8,000.00 Use Permit (CUP) (DS-190). General Plan Maintenance Fee…...... $275.00 Mapping Fee……………………...... $10.00
Please note that all forms required above Close Out Fee……………………...... $515.00 not completely filled out and/or signed will be rejected. Once staff has determined that VI. PUBLIC SAFETY PERMIT the submittal application contains all of the MMCCs must obtain a Public Safety Permit from required information listed above, the MMCC the Development Services Department pursuant CUP application will be entered into the De- to Chapter 4, Article 2, Division 15 of the San velopment Services Department’s Project Diego Municipal Code. Applications for this per- Tracking System, assigned a project number mit will be processed after approval of the Con- and given a creation date. Your application ditional Use Permit. will then go to Step Two, known as Submitted Completeness Review.
B. STEP TWO: SUBMITTED COMPLETE- NESS REVIEW If your project application meets the minimum requirements described in Step One above, your project will then go through the Step Two comprehensive review called Submitted Completeness Review. Submitted Complete- ness Review can take up to 30 (calendar) days to complete.
The Public Notice Package will not be re- quired as part of the Submitted Completeness Review, but will be collected at the time of Full Submittal. Upon completion of the Submit- ted Completeness Review, staff will notify the applicant via E-mail or by telephone whether the application is ready to be fully submitted or if additional information/clarification is re- quired.
C. STEP THREE: FULL SUBMITTAL When the project is ready for a Full Submittal, staff will provide the applicant with the num- ber of document sets required, including the
121 August 1, 2016 Item 11 Development Services Department Medical Marijuana Consumer Cooperative Permit Process Update
July 1, 2016
122 August 1, 2016 Item 11 Development Services Department
Program Statistics as of 7/1/16
Date applications first accepted: April 24, 2014
Conditional Use Permits (CUPs) # of Applications accepted: 47 # of CUPs approved: 14
Permitted MMCCs in operation: 8
2 123 August 1, 2016 Item 11 Development Services Department
Hearings
City Council (CEQA appeals): 21
Hearing Officer: 29
Planning Commission: 27
Average cost to process MMCC Permits: $20,333
Approval time range: 8–23 months
3 124 August 1, 2016 Item 11 Development Services Department
Complaints/Enforcement of Permitted Facilities
Code Enforcement Division: 0
# of SDPD background checks performed: 157
4 125 August 1, 2016 Item 11 Development Services Department
Approved MMCC Locations
5 126 August 1, 2016 Item 11 Development Services Department
Contact
Edith Gutierrez Development Project Manager 619-446-5147
Elyse Lowe Deputy Director 619-446-5127
6 127 August 1, 2016 Item 11 Chapter 6.88 - MEDICAL MARIJUANA
Part 1 - PURPOSE AND INTENT
6.88.010 - Purpose and intent.
In 1996, the voters of the State of California approved Proposition 215, entitled "The Compassionate Use Act of 1996" ("CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to obtain and use it under limited, specific purposes. On January 1, 2004 Senate Bill 420, entitled "The Medical Marijuana Program Act" ("MMP") became effective. The intent of the MMP was to clarify the scope of the CUA. Nothing in the MMP prevents cities and counties from adopting and enforcing rules and regulations consistent with the CUA and the MMP. The federal government has issued guidelines for states and local governments that have enacted laws authorizing Marijuana-related conduct, requiring them to "implement strong and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health, and other law enforcement interests." Specifically, the Department of Justice stated that regulations must focus on: • Preventing the distribution of marijuana to minors; • Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels; • Preventing the diversion of marijuana from states where it is legal under state law in some form to other states; • Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity; • Preventing violence and the use of firearms in the cultivation and distribution of marijuana; • Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use; • Preventing the growth of marijuana on public lands and the attendant public safety and environmental dangers posed by marijuana production on public lands; and • Preventing marijuana possession or use on federal property. It is the purpose and intent of this chapter to accommodate the needs of the seriously ill and protect their health and safety, while protecting our neighborhoods, children, and businesses from negative impacts and complying with state law and federal guidelines. The use of marijuana by minors is harmful to their health, brain development, and academic achievement. Furthermore, nothing in state law or federal guidelines permits the distribution of marijuana to minors. The federal guidelines express serious concerns about distribution to minors. This chapter expressly prohibits the distribution of medical marijuana to minors. The federal guidelines express concerns about funding criminal enterprises. This chapter ensures that patients, caregivers, and residents of San José know the origin of the medical marijuana being cultivated and distributed in San José collectives. It is the intent of this chapter to keep drug cartels, criminals, and gangs out of the business of cultivating or distributing medical marijuana in San José. It is the intent of this chapter to regulate the cultivation of medical marijuana in a manner which is responsible and protects the health, safety, and welfare of the residents of San José. It is the intent of this chapter to protect seriously ill patients from medical marijuana that has been grown or processed in an unhealthy or unsafe manner or by individuals whose motivation is profit, not patient's health and safety.
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128 August 1, 2016 Item 11 It is the intent of the City of San José to have a strong and effective regulatory and enforcement system that addresses threats to public safety, health and other law enforcement interests through robust controls and procedures that are effective in practice. The provisions in this chapter do not interfere with a patient's right to use medical marijuana under state law, nor do they criminalize the possession or cultivation of medical marijuana by specifically defined classifications of persons. Under state law, only qualified patients and primary caregivers cultivate medical marijuana. The cultivation of medical marijuana shall comply with all provisions of this Code, state laws related to medical marijuana and all other applicable state and local laws. Nothing in this chapter purports to, nor shall permit activities that are otherwise illegal under state or local law. By adoption of this chapter and the provisions of Title 20 related to medical marijuana, it is the intent of the city to set forth the conditions and criteria which must be met to establish an affirmative defense to criminal and civil enforcement of the San José Municipal Code if such enforcement is based solely upon the conduct recognized herein. It is the intent of the city that the party invoking the affirmative defense must demonstrate strict compliance with this chapter, the provisions of Title 20 relating to medical marijuana, and the rules and regulations promulgated thereunder. Notwithstanding the foregoing, all persons who choose to be involved with medical marijuana do so entirely at their own risk that their involvement may constitute a violation of federal or state law.
(Ord. 29421.)
Part 2 - DEFINITIONS
6.88.200 - Definitions and construction.
The definitions set forth in this part shall govern the application and interpretation of this chapter. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(Ord. 29421.)
6.88.205 - Attending physician.
"Attending physician" shall have the definition given in California Health and Safety Code Section 11362.7.
(Ord. 29421.)
6.88.210 - Concentrated cannabis.
"Concentrated cannabis" shall have the definition given in California Health and Safety Code Section 11006.5.
(Ord. 29421.)
6.88.212 - Cultivation site.
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129 August 1, 2016 Item 11 "Cultivation site" means the property, location, or premises where medical marijuana is cultivated, stored, manufactured or processed by the members of a collective on behalf of that collective.
(Ords. 29421, 29664.)
6.88.215 - Identification card.
"Identification card" shall have the definition given in California Health and Safety Code Section 11362.7.
(Ord. 29421.)
6.88.220 - Location.
"Location" means the lot or parcel or portion of a lot or parcel that is used by a medical marijuana collective, including any cultivation site.
(Ord. 29421.)
6.88.225 - Manager.
"Manager" means an individual who is a member of a medical marijuana collective and who, directly or indirectly, is engaged in the management of the medical marijuana collective as may be evidenced by the individual member being responsible for the establishment, organization, registration, supervision, or oversight of the operation of the collective and/or its members, which oversight may include but not be limited to the following: performing the functions of president, vice president, board member, director, owner, operating officer, financial officer, secretary, treasurer, supervisor or manager.
(Ord. 29421.)
6.88.227 - Manufacturing.
"Manufacturing" means converting, producing, deriving, concentrating, making, cooking, baking, transforming, packaging, or preparing medical marijuana, including the production of concentrated cannabis, the production of edible medical marijuana products, and/or the production of medical marijuana infused products.
(Ords. 29421, 29575.)
6.88.230 - Marijuana.
"Marijuana" shall have the definition given in California Health and Safety Code Section 11018.
(Ord. 29421.)
6.88.235 - Medical marijuana.
"Medical marijuana" means marijuana used for medical purposes in accordance with California Health and Safety Code Section 11362.5, including any product containing medical marijuana, manufactured in accordance with all state and local laws.
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130 August 1, 2016 Item 11 (Ords. 29421, 29664.)
6.88.240 - Medical marijuana collective.
"Medical marijuana collective" or "collective" means an incorporated or unincorporated association, composed of four or more individuals who are qualified patients and designated primary caregivers of qualified patients (individually and collectively referred to as "member(s)") who associate at a particular location to collectively or cooperatively cultivate medical marijuana, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.
(Ord. 29421.)
6.88.242 - Medical marijuana transfers.
"Medical marijuana transfers" means: A. The transfer of medical marijuana from a primary caregiver to that primary caregiver's qualified patient for such consideration as is sufficient to reimburse that primary caregiver for the primary caregiver's out-of-pocket expenses and for the primary caregiver's services. B. Transfers of medical marijuana between qualified patients and primary caregivers facilitated through an association of those qualified patients and primary caregivers who are operating as a nonprofit collective; or C. Transfers of medical marijuana between two collectives, both of which are registered with the city pursuant to this chapter, conducted in accordance with the restrictions set forth in Section 6.88.465.
(Ords. 29421, 29664.)
6.88.245 - On-site designated representative.
"On-site designated representative" means a manager that is designated by the collective to be present, and who is present, at all times during the collective's hours of operation.
(Ord. 29421.)
6.88.250 - Overhead expenses.
"Overhead expenses" means the actual costs of cultivating medical marijuana incurred by the collective including mortgage payments, rent, utilities, business and property taxes, property insurance, cultivation materials and equipment, and fees paid to comply with the requirements of this chapter.
(Ord. 29421.)
6.88.255 - Owner.
"Owner" means any individual member of a collective having more than a ten percent interest, legal or equitable, or otherwise, in the collective.
(Ord. 29421.)
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131 August 1, 2016 Item 11 6.88.260 - Person.
"Person" shall have the definition given in Section 1.04.020 of this Code.
(Ord. 29421.)
6.88.262 - Personal use cultivation.
"Personal use cultivation" includes cultivation by either of the following: A. An individual qualified patient or primary caregiver of qualified patients who cultivates medical marijuana at the residence of the qualified patient or primary caregiver, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.; or B. An association of less than four individuals who are qualified patients and primary caregivers of qualified patients and who associate at the residence of one of the qualified patients or primary caregivers to collectively or cooperatively cultivate medical marijuana, in strict accordance with California Health and Safety Code Sections 11362.5 et seq.
(Ord. 29421.)
6.88.265 - Physician's recommendation.
"Physician's recommendation" means the verbal or written communication by an attending physician stating that a qualified patient has been diagnosed with a serious medical condition and that the medical use of marijuana is appropriate.
(Ord. 29421.)
6.88.270 - Premises.
"Premises" means each building or the portion of any building, on the location, where the collective is located, including any cultivation site.
(Ord. 29421.)
6.88.275 - Primary caregiver.
"Primary caregiver" shall have the definition given in California Health and Safety Code Section 11362.7.
(Ord. 29421.)
6.88.280 - Private medical record.
"Private medical record" means documentation of the medical history of a qualified patient. "Private medical record" shall not include the recommendation of an attending physician or doctor for the medical use of marijuana, an identification card, or the designation of a primary caregiver by a qualified patient.
(Ord. 29421.)
6.88.282 - Processing.
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132 August 1, 2016 Item 11 "Processing" means the harvesting, trimming, drying, and/or curing of medical marijuana.
(Ord. 29421.)
6.88.285 - Qualified patient.
"Qualified patient" means an individual who is entitled to the protections of California Health and Safety Code Section 11362.5.
(Ord. 29421.)
6.88.290 - Security personnel.
"Security personnel" means any person(s) who perform(s) security related tasks on behalf of the collective.
(Ord. 29421.)
6.88.295 - Transport.
"Transport" means all activity involved in the movement of medical marijuana from one location to another, including, but not limited to, loading, shipping and receiving.
(Ord. 29664.)
Part 3 - GENERAL PROVISIONS
6.88.300 - Registration required.
A. No collective shall operate in the City of San José unless and until it has first filed a registration form in accordance with the provisions of this chapter, has paid all fees required by this chapter, and has received a notice of completed registration from the city manager. B. It shall be unlawful for a person or collective to maintain, manage, operate, conduct, control or own a collective unless the collective is maintained and operated in strict compliance with a notice of completed registration issued by the city manager. C. To be eligible to register a collective must be able to provide a marijuana business tax return evidencing payment of any applicable taxes due to the city pursuant to Chapter 4.66 of this Code and have no outstanding compliance orders under Chapter 1.14. D. Collectives shall have ninety days from the effective date of this chapter to apply for registration under this chapter and to apply for a zoning code verification certificate under Part 13 of Chapter 20.100. Collectives shall obtain a notice of completed registration from the city manager and a zoning code verification certificate within one year from the effective date of this chapter. E. Notwithstanding Subsection D. above, a collective shall be granted an extension to December 18, 2015 of the time within which it shall receive a notice of completed registration from the city manager provided it meets the following requirements: 1. Obtains a zoning code verification certificate under Part 13 of Chapter 20.100 of this Code and submits all applications for any site development permit and any building permit required for the
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133 August 1, 2016 Item 11 collective's location and premises within the City of San José to comply with this Code by July 17, 2015; 2. Obtains all required site development permits and building permits necessary for the collective's location and premises within the City of San José to comply with this Code by September 18, 2015; 3. Completes a preliminary inspection with the city manager, chief of police, and any other city official charged with enforcing the provisions of this Code, of all of the collective's locations and premises both within the City of San José and outside the City of San José by November 20, 2015; and 4. Complies with all other regulations promulgated by the city manager pursuant to Section 6.88.315 pertaining to the registration process.
(Ords. 29421, 29575.)
6.88.310 - Number of locations.
A. No collective shall dispense medical marijuana from more than one location in the city. B. A collective may have one cultivation site that is separate from the location at which medical marijuana is dispensed. Alternatively, the cultivation site may be at the same location as the collective's sole dispensing site. The cultivation site must comply with the provisions of this chapter and of Title 20 of this Code.
(Ords. 29421, 29575, 29664.)
6.88.315 - Authority of the city manager.
A. The city manager is authorized to promulgate all regulations necessary to implement the requirements and fulfill the policies of this Code relating to medical marijuana, including, but not limited to the following subjects: 1. Registration, review, investigation, priority order and disqualification process for the collectives and forms necessary thereto. 2. Internal or external security requirements for the operation of the collectives. 3. Storage or display of medical marijuana. 4. Criteria necessary to promote the safe cultivation of medical marijuana. B. Regulations shall be published on the city's website. C. Regulations promulgated by the city manager shall have the same force and effect of law and become effective upon date of publication.
(Ords. 29421, 29575.)
6.88.320 - Registration submittal.
A. Registration forms must contain all information as required by the city manager pursuant to the rules and regulations and will be accepted by the city manager on the published date on a first-come, first- served basis. B. Each collective shall submit with its registration forms a medical marijuana collective application receipt fee and a medical marijuana collective application processing fee, as set forth in Section 6.88.380 and as required by the City Manager pursuant to the rules and regulations.
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134 August 1, 2016 Item 11 C. As each collective submits forms for registration and the required fees as required by the rules and regulations, the city manager shall time-stamp the registration forms. The city manager shall establish a list which shall identify the order in which registration forms were received. The order in which registration forms were received shall be the order in which they shall be reviewed and processed by the city manager. A collective may only be assigned one place on the list, and multiple submissions will result in immediate disqualification from the registration process. D. No collective's rank on the list shall be assigned, transferred or sold. Any attempt to so assign, transfer or sell a ranking shall render the application null and void. Any person or collective attempting to assign, transfer or sell a ranking and any person or collective attempting to acquire a ranking outside the provisions set forth herein shall be immediately disqualified from the registration process.
(Ord. 29421.)
6.88.330 - Registration process.
A. Registration review. 1. Pursuant to Section 6.88.300, no collective shall operate in the City of San José without a notice of completed registration from the city manager. A person desiring to obtain a notice of completed registration shall file a registration application with the city manager that shall contain the following accurate, complete and truthful information: a. The legal name, and any other names, under which the collective will be operating; b. The physical address and physical description (e.g., one story commercial building, etc.) of the premises; c. The onsite landline telephone number for the collective; d. Proof that the location and the premises are in compliance with the requirements of Title 20 of the Code, including but not limited to Part 9.75 of Chapter 20.80 and Part 13 of Chapter 20.100; e. The name, telephone number, and address of the person authorized to accept service of process for the collective; f. The following information concerning each owner, manager, or individual member who will be participating in the actual cultivation, processing, manufacturing, transporting or dispensing of the medical marijuana: i. Complete legal name, and any alias(es); ii. Date of birth; iii. A copy of a valid government issued photo identification card or license; iv. A copy of the member's identification card or a copy of the physician's recommendation for the member; v. The name, address and telephone number of the attending physician who provided the member with a physician's recommendation (post office boxes are not deemed to satisfy this requirement); vi. If the member is a primary caregiver, a copy of the written documentation provided by each qualified patient member designating the member as their primary caregiver; vii. Telephone number(s) where the individual owner or manager can be reached twenty- four hours a day; viii. A list of all criminal convictions, other than infraction traffic violations, the jurisdiction of the conviction(s) and, the circumstances thereof;
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135 August 1, 2016 Item 11 ix. One set of fingerprints in a form acceptable to the chief of police; and x. A detailed explanation of the member's involvement with any other collective including, but not limited to: the name and address of the collective; the capacity in which the member was involved with the collective; whether the collective is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; whether the member or the collective with which the member is or was associated has ever been denied, or is in the process of being denied registration, a permit, a license or any other authorization required to operate a collective in any other city, county or state; and whether the member or the collective with which the member is or was associated has ever had a registration, license, permit or any other authorization required to operate a collective in any other city, county or state suspended or revoked, and the reasons therefore; g. A complete list of all the duties and functions of each managing member of the collective; h. A copy of the lease or other such proof of the collective's right to possess the premises and/or location; i. The collective's operations plan, which shall be in conformance with the requirements of this chapter and shall include: i. A management plan naming the managers for the collective and detailing each manager's responsibilities; ii. A list of all managers responsible for receiving, logging, and responding to complaints regarding the collective, as required by Subsection 6.88.440 K.; iii. A security plan which identifies the collective's security personnel and provides documentation of the proper certification of that personnel by the state, as required by Subsection 6.88.420 J., and which details the security measures for the location and premises including those requirements set forth in this chapter; iv. The rules and regulations of the collective which shall comply with those requirements set forth in this chapter; v. The hours and days of operation for the collective, including the hours and days of operation for any separate cultivation site; vi. The medical marijuana cultivation, processing and manufacturing procedures to be utilized at the location and the premises including a detailed explanation of how chemicals and fertilizers will be stored and what measures will be taken to minimize or offset energy use from the cultivation, processing and manufacturing of medical marijuana and what measures will be taken to comply with the requirements of this chapter; vii. A site plan and floor plan which details the layout of the location and the premises and any adjacent areas, including parking lots, which are owned or controlled by the collective; viii. An odor management plan detailing steps the collective will take to install air purification systems and air scrubbers to ensure that the odor of medical marijuana will not emanate beyond the walls of the collective's premises; and ix. Designation of the sole dispensing location and designation of the sole cultivation site of the collective. j. Identifying information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the collective; k. Authorization for the city manager to: i. Seek other information that the city manager deems necessary for a complete review of the registration application; and
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136 August 1, 2016 Item 11 ii. Conduct an investigation into the truthfulness of the statements set forth in the registration application, including, but not limited to, a criminal history investigation by the chief of police with the California Department of Justice and any other law enforcement agencies. l. Written consent by each owner and manager member of the collective to provide the city manager with the information and authorization described in this section and written consent by each member of the collective for the inspection and copying of records as specified in Subsection 6.88.330 B.; m. A dated statement signed by an individual member authorized to represent and legally bind the collective, certifying under penalty of perjury that the information provided in the registration application and any attachment thereto is true, complete and correct; n. Proof of payment of any applicable taxes due to the city pursuant to Chapters 4.66 and 4.76 of the Code; and o. Any other information reasonably required by the city manager to show that the collective is in compliance with the provisions of this chapter. B. Consent for inspection of records and location. 1. Required consent for inspection and copying of records. a. As part of the registration process the collective shall provide written consent for the inspection and copying by the chief of police, and any other city official charged with enforcing the provisions of this Code, of any recordings and records required to be maintained under this chapter without requirement for a search warrant, subpoena or court order. b. The collective shall be subject to the inspection and copying set forth in Subsection 6.88.330 B.1.a. at any time and without notice during the collective's hours of operation and at any other time upon reasonable notice. c. Nothing in this chapter requires the disclosure of any qualified patient member's private medical record. 2. Required consent for inspection of location and premises. a. As part of the registration process, the collective shall provide written consent for the inspection of the location and the premises by the chief of police, and any other city official charged with enforcing the provisions of this Code, without requirement for a search warrant or court order. b. The collective location and premises shall each be subject to the inspection set forth in Subsection 6.88.330 B.2.a. at any time and without notice during hours of operation and at any other time upon reasonable notice. C. Signatories to registration. Each and every owner and manager of the collective shall print his or her name and sign the registration application under penalty of perjury certifying that all the information contained therein, and any attachments thereto, is true, complete and correct. D. Investigation and determination. 1. Upon receiving a collective's registration application, the city manager shall proceed by the order established by Section 6.88.320 to investigate the information required in Subsection 6.88.330 A. through C. and evaluate the compliance of the collective with the requirements of this chapter. 2. The city manager shall also investigate the location and the premises for the purpose of assuring that each collective complies with the requirements of this chapter, including, but not limited to Part 4, and all public health, safety, welfare and zoning laws set forth in this Code and in state and local laws.
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137 August 1, 2016 Item 11 3. The chief of police shall also conduct a criminal background investigation on any owner or manager of the collective and on any individual members who participate in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana. E. Disqualification from registration. 1. Any collective may be disqualified from the registration process for any of the following reasons: a. The collective, or any person applying on behalf of a collective, knowingly made a false statement of fact or omitted a fact required to be revealed in the registration process, or any amendment or report or other information required to be made thereunder; b. The collective location or premises is in violation of any building, zoning, health, safety or other provision of this Code; or of any state or local law which substantially affects the public health, welfare or safety; c. The collective violates or has violated the terms and conditions of any requirement of this Code related to the operation of a collective, other than solely because of its existence after the effective date of this chapter; d. The collective, or any one of its owners or managers have owned or leased a location or premises that has been the subject of an administrative, civil or criminal nuisance abatement action and court judgment or administrative determination finding the location or premises to be a nuisance within the past five years; e. The collective was disqualified from the registration process under this chapter on one or more of the grounds provided in this section within five years prior to the date of the current attempt to register; f. The collective's registration under this chapter has become null and void within the past five years for any of the reasons set forth in Section 6.88.350; g. The collective's registration, permit, license or any other authorization issued by the city or by any state or local agency and required to operate a medical marijuana collective, cooperative, dispensary, or other such establishment, has been deemed null and void or has been suspended or revoked or otherwise nullified within the past five years; h. The collective has conducted itself in a manner that creates or results in a public nuisance, as defined in Section 1.13.050 of this Code or Sections 3479 and 3480 of the California Civil Code, on or within three hundred feet of the location; i. If the collective is a corporation, the corporation is not in good standing or authorized to do business in the state; j. The collective conducted, conducts or anticipates conducting a collective on a location or premises and such operation is prohibited under the terms of the lease for the location or premises or under the terms of another such document which memorializes the collective's right to possess the location or premises; k. The collective has as an owner or manager or has individual members participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana, persons who: i. Are on parole or probation for the possession, sale, manufacture, use, distribution or transportation of a controlled substance; ii. Have been convicted of a crime of moral turpitude; or iii. Have been convicted of any misdemeanor or felony within the last ten years involving the following: 1. The use of violence, force, fear, fraud or deception;
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138 August 1, 2016 Item 11 2. The unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance; 3. The use of money to engage in criminal activity; or 4. The unlawful possession or use of a firearm. l. The collective's operation from the location or premises results or will result in an imminent threat to the public's health, safety or welfare; or m. If, based on the investigation conducted pursuant to this section or Section 6.88.360, the city manager finds that there are grounds for disqualification of a collective because an owner or manager or an individual member participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana is found in violation of Subsection E.1.k. above, and the collective proves conclusively to the city manager that it has terminated its relationship with that individual so that the individual is prohibited from being involved in the collective as an owner or manager or individual participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana on behalf of the collective, then in the city manager's discretion, the collective may be allowed to continue the registration process, or amended registration process, as the case may be, subject to compliance with all other requirements of this Code. 2. Appeal procedure. a. Notice of intended decision. i. Upon determining the existence of any of the grounds for disqualification of an owner, manager, or individual member participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana from the registration process pursuant to Section 6.88.330 E.1.m., the chief of police may issue to such individual, with a copy to the collective, a notice of intended decision to disqualify. ii. The notice of intended decision shall state all the grounds and reasons upon which the disqualification is based. iii. The notice of intended decision shall advise that the disqualification shall become final unless the individual files a written request for hearing before the chief of police within the time period specified below. iv. The notice of intended decision shall specify the effective date of the disqualification. b. Procedure for hearing before the chief of police. i. The written request for a hearing before the chief of police must be received by the chief of police within ten calendar days of the date of service of the notice of intended decision to disqualify. ii. The chief of police shall schedule a hearing which shall be held no later than thirty calendar days after receipt of a timely request for hearing. iii. The chief of police shall serve a notice of hearing on the individual not later than ten calendar days prior to the scheduled date of the hearing. iv. At the hearing before the chief of police, the individual shall be given the opportunity to present witnesses and documentary evidence. v. The hearing will be conducted informally and the technical rules of evidence shall not apply. Any and all evidence which the chief of police deems reliable, relevant and not unduly repetitious may be considered. c. Decision of the chief of police.
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139 August 1, 2016 Item 11 i. Within twenty calendar days after the hearing, the chief of police shall serve a written decision sustaining, reversing or modifying his or her intended decision on the individual. ii. The decision by the chief of police after hearing shall become final. iii. The written statement of decision shall contain a notice setting out Section 1.16.010 of this Code. F. Completed registration. After verification that the required application submission fee and the application processing fee, as set forth in Section 6.88.380, have been timely and fully paid and that all necessary information has been provided and that the collective is in compliance with all requirements of this chapter, the city manager shall notify the collective that the annual operating fee and any applicable hourly investigative fee, as set forth in Section 6.88.380, are now due and payable to the city. Within ten business days of receiving the collective's payment of the annual operating fee, as set forth in Section 6.88.380, and any applicable hourly investigative fee, the city manager shall mail a notice of a completed registration, and any subsequent updated registration, to the person authorized to accept service of process on behalf of the collective. G. Notice of disqualification. If the collective has not paid the fees or taxes required by this Code, has not provided all necessary information, is not in compliance with all the requirements of this Code, or has otherwise been disqualified from the registration process, the city manager shall mail notice to the person authorized to accept service of process on behalf of the collective advising the collective that it has been disqualified from the registration process.
(Ords. 29421, 29575, 29664.)
6.88.340 - Term of registration.
Each registration shall expire one year from the date the city manager mails the notice of completed registration to the person authorized to accept service of process on behalf of the collective.
(Ord. 29421.)
6.88.350 - Registration null and void.
A registration deemed completed by the city manager shall become null and void upon any of the following: A. Any of the reasons set forth in Section 6.88.330 E. regarding disqualification; B. Cessation of medical marijuana cultivation at the location or on the premises that is the designated cultivation site for the collective for ninety days or longer; C. Relocation of the collective to a different location or premises; D. One year after the issuance of the registration, as set forth in Section 6.88.340 above; E. Any attempt to assign, transfer or sell a registration, ranking or the submission of multiple applications; or F. Violation of the terms or requirements of this chapter.
(Ord. 29421.)
6.88.360 - Change in location and updated registration forms.
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140 August 1, 2016 Item 11 A. Any time a collective changes its dispensing or cultivation location or premises, it shall, immediately upon obtaining a zoning code verification certificate pursuant to Title 20 of this Code, or if the location or premises is outside of the City of San José, prior to beginning operations at the location or premises, apply to re-register with the city manager. The process and the fees for re-registration shall be the same as the process and fees set forth for registration in Section 6.88.330. A collective may not begin operations at the new location or premises until it receives a new notice of completed registration for its new location or premises. B. Within fifteen calendar days of any other change in the information provided in the registration form which is not covered by Subsection A. above or Subsection C. below, or any change in status of compliance with the provisions of this chapter, including any change in the collective's ownership or management members, or a change in any member who participates in the actual cultivation, processing, manufacturing, transporting or dispensing of the medical marijuana, the collective shall file an amended registration form with the city manager for review along with a registration amendment fee, as set forth in Section 6.88.380. Upon verification that all required fees have been paid, all necessary information has been provided, and that the collective is in compliance with all requirements of this chapter, the city manager shall mail a new notice of completed registration to the person authorized to accept service of process on behalf of the collective. C. Within fifteen calendar days of any change in the information provided in the registration form regarding persons authorized to represent the collective and regarding the collective's agent for service of process, the collective shall file with the city manager written notification of such change. D. Each and every individual owner and manager of the collective shall print his or her name and sign any form required to be updated, under penalty of perjury, certifying that all information contained in the updated forms is true, complete and correct.
(Ords. 29421, 29575.)
6.88.370 - Renewal of registration.
A. No registration issued under this chapter may be renewed unless: 1. A new registration form has been filed with the city manager pursuant to the process set forth in Section 6.88.330 sixty days prior to the expiration date of the current registration; 2. An annual renewal registration fee, as set forth in Section 6.88.380, has been paid by the collective; and 3. The collective and its owners and managers all meet the requirements of this chapter for registration. B. If a new registration form is not filed, or the required fees are not paid prior to the expiration date of the current registration, the registration shall be deemed to have expired on the date of expiration noted on the registration.
(Ord. 29421.)
6.88.380 - Fees and charges.
A. The city manager is hereby authorized to charge and collect from each collective all fees associated with the registration of that collective. Prior to operating in the City of San José, each collective shall timely and fully pay all fees associated with the registration of that collective. B. All fees associated with the registration of a collective shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to the following:
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141 August 1, 2016 Item 11 1. A medical marijuana collective application receipt fee for the cost to the city of accepting an application for registration; 2. A medical marijuana collective application processing fee for the cost to the city of processing an application for registration; 3. An hourly investigation fee for any costs incurred by the city above those costs included in the application processing fee which are associated with further investigation and review of an application for registration; 4. A medical marijuana collective annual operating fee for the cost to the city of operating a medical marijuana regulatory program; a. A collective shall have the option of paying the medical marijuana operating fee in annual, semi-annual, or quarterly payments. b. The selection of the payment dates shall be made prior to the date that the initial payment is due and shall remain unchanged for the duration of the year. c. The initial medical marijuana operating fee or selected installment thereof shall be paid prior to obtaining a notice of complete registration. Subsequent installments shall be paid on or before the fifteenth of the three, six, and nine months following the initial installment if the quarterly payment term is selected. d. No portion of any medical marijuana operating fee shall be refunded. 5. A medical marijuana collective amendment fee for the cost to the city of reviewing amendments to the registration form filed by the collective; and 6. A medical marijuana collective renewal registration fee for the cost to the city of processing an application to renew a collective's registration. 7. Any fees for inspection that are not included within the other fees associated with registration.
(Ords. 29421, 29664.)
6.88.390 - Effect of completed registration - No vested right.
A registration deemed completed by the city manager is merely an acknowledgement of the collective's compliance with the registration requirements of this chapter, and its ability to assert an affirmative defense to civil and criminal enforcement of the San José Municipal Code based solely upon conduct which is in strict compliance with the provisions of this chapter and the provisions of Title 20 relating to medical marijuana. A completed registration does not grant the collective any right to operate in the City of San José. Any collective submitting a registration form should have no expectation that a registration will ultimately be deemed complete, nor that once so deemed, that its registration will continue.
(Ord. 29421.)
Part 4 - OPERATING REGULATIONS AND CONDITIONS
6.88.400 - Operating regulations and conditions.
A. The provisions of this part shall constitute terms and conditions applicable to each registration.
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142 August 1, 2016 Item 11 B. The provisions of this part shall also constitute operating regulations that are applicable to each collective registered with the City of San José and, if the collective engages in off-site cultivation, the separate cultivation site for that collective. C. It shall be unlawful for any person or collective registered under this chapter, or required to be registered under this chapter, whether or not such person or collective is actually so registered, to violate any of the provisions of this part.
(Ord. 29421.)
6.88.410 - Compliance with the Code.
The collective, premises and location shall at all times comply with all the provisions of this Code, including but not limited to Title 17, Title 20, Title 23, and Title 24. All occupancies, construction and equipment used therein, shall meet all conditions of the current state, local, building, fire and any other applicable provision of state or local law prior to the processing or cultivating of medical marijuana at the premises or location.
(Ord. 29421.)
6.88.420 - Security.
A. The premises or location shall be equipped with, and at all times be monitored by, a web-based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the premises or location. The system shall be fully functional prior to processing or cultivating of medical marijuana at the premises or location. The recordings of the monitoring shall be maintained for a period of not less than thirty days and shall be made available and accessible to the chief of police and any other city official charged with enforcing the provisions of this Code immediately upon request for review and copying, without the need for a search warrant, subpoena or court order. The collective shall also provide the chief of police with the URL address of any on-site web-based video surveillance to monitor remotely at any time without a warrant, subpoena or court order. B. The premises or location shall have a centrally-monitored fire and burglar alarm system. This system shall be fully functional at all times and prior to processing or cultivating medical marijuana at the premises or location. At a minimum, this alarm shall cover the perimeter of the premises or location and shall focus on those areas where medical marijuana is cultivated, stored, manufactured, processed, or dispensed. This alarm shall be monitored by a professional alarm company at all times. C. If the collective maintains records in a printed format pursuant to Section 6.88.500, then the premises shall contain a fire-proof safe and all records required by this chapter shall be stored in that safe. D. Exterior lighting on the premises and parking area lighting for the location shall be balanced and shall not result in glare on adjoining properties, shall complement the security systems required in Subsections A. and B. above to ensure that all areas of the location are visible, and shall provide increased lighting at all entrances to the premises. The lighting required in this subsection shall be turned on from dusk to dawn. E. Medical marijuana shall be stored in buildings that are completely enclosed, and in a locked vault or safe, or other secured storage structure which is bolted to the floor or structure of the premises. F. Windows and roof hatches of the premises shall be secured from the inside with effective means so as to prevent unauthorized entry, and shall be equipped with latches or a similar mechanism that
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143 August 1, 2016 Item 11 may be released quickly from the inside to allow exit in the event of emergency in compliance with all applicable building provisions in the Code. G. Exterior doors to the premises shall remain locked from the outside to prevent unauthorized ingress to the premises. Ingress shall be allowed by means of a remote release operated from within the premises of the collective. In all cases, doors shall remain openable from the inside to allow egress without the use of a key or special knowledge. Access-controlled egress doors shall comply with Section 1008.1.3.4 of the California Building Code. H. No person shall be in possession of any firearm while on the premises or location without having first obtained a license from the appropriate state or local agency authorizing the person to be in possession of such firearm. I. Persons in possession of a firearm while on the premises or location must provide the city manager and the chief of police, ten days before bringing the firearm onto the premises, with the following: 1. A copy of the license issued to the person by the appropriate state or local agency authorizing him or her to possess such firearm; 2. A copy of his or her law enforcement identification (if he or she is employed by a law enforcement agency); 3. A copy of his or her California driver's license or California identification card; and 4. Any other information reasonably required by the chief of police to show that the individual is in compliance with the provisions of all laws regarding the possession and use of a firearm. J. There shall be a minimum of one security personnel on duty twenty-four hours a day, seven days a week at the collective's cultivation site. If the collective has a separate site for dispensing only, there shall also be a minimum of one security personnel at that location during its hours of operation. The security personnel shall provide security inside the premises, along the outside perimeter of the premises, at parking sites immediately adjacent to the premises and used by members of the collective, and at sidewalks adjacent to the collective's location. The collective shall employee security personnel subject to the following requirements: 1. All security personnel shall register and maintain valid registration status with the State of California's Department of Consumer Affairs. At no time shall any security personnel register with the state at any level that is less than that of a proprietary private security officer. Proof of application and registration for all security personnel shall be maintained by the collective and shall consist of copies of all relevant documentation including: application forms, receipts for application fees and live scan fees, and actual proof of registration. 2. While on duty, all security personnel shall have a nameplate containing the security personnel's full name and the word "SECURITY" printed in bold, capital letters. The nameplate shall be exhibited prominently on the clothing, at chest level, and shall be visible and easily read at all times. The nameplate shall be a minimum of two inches high and four inches wide, with the required information printed in capital letters, at least three-fourths inches high and in a contrasting color. As an alternative to a nameplate, the security personnel's name and the word "SECURITY" may be embroidered on the security personnel's outermost garment with the required information meeting the above specifications and located at chest level.
(Ords. 29421, 29575, 29664.)
6.88.425 - Identification display requirements.
A. Each owner, manager and individual member engaged in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana shall, at all times while engaged in the duties of his or her position for the collective, wear in plain sight, on his or her person and at chest level, a valid identification badge, issued by the chief of police and containing such information, including a suitable photograph, as the chief of police may require.
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144 August 1, 2016 Item 11 B. No owner, manager or individual member engaged in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana shall engage in any activities on behalf of the collective with which he or she is registered, without first obtaining a valid identification badge. C. Identification badges shall expire one year after issuance. D. Application for renewed identification badges shall be filed with the chief of police no later than thirty days prior to the expiration of the current identification badge. E. Identification badges are the property of the City of San José and shall be immediately collected by the collective and provided to the chief of police within twenty-four hours of their expiration, or within twenty-four hours of the termination of the collective's relationship with the owner, manager or individual member participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana.
(Ord. 29664.)
6.88.430 - Cultivation of medical marijuana.
A. No cultivation of medical marijuana at the premises or location shall be visible with the naked eye from any public or other private property, nor shall medical marijuana or any product containing medical marijuana be visible from the exterior of any premises used by the collective. B. All areas devoted to the cultivation of medical marijuana shall be secured from public access by means of a locked gate and any other security measures necessary to prevent unauthorized entry. C. The extraction and refinement of chemical compounds from medical marijuana by way of a solvent- based method utilizing compressed flammable gases or alcohol is prohibited. No collective shall possess, dispense or transport any medical marijuana manufactured by such method. All extraction and refinement equipment used by a collective shall be subject to review by, and approval of, the city pursuant to building codes. D. No collective shall allow more medical marijuana or plants per member, other than the amounts permitted pursuant to state law, to be stored or provided at the collective's premises. All medical marijuana possessed by a collective must be stored on the collective's premises. E. The cultivation of medical marijuana outdoors is prohibited within the City of San José. F. Every collective shall maintain complete records regarding the amount of medical marijuana cultivated, processed, stored, manufactured or destroyed at its cultivation site. G. All water used in the cultivation of medical marijuana shall be legally obtained and shall be applied in accordance with state and local laws.
(Ords. 29421, 29664.)
6.88.435 - Off-site cultivation.
A. No medical marijuana shall be dispensed from a cultivation site, unless that site also serves as the collective's sole dispensing location. B. To the extent allowed by law in the local jurisdiction, the cultivation site may be located within one of the following counties: Santa Clara, Alameda, Merced, Monterey, San Benito, San Mateo, San Joaquin, Santa Cruz, or Stanislaus. Nothing in this chapter allows cultivation at any location, except to the extent allowed by the law of the relevant jurisdiction. C. A cultivation site that does not serve as the collective's sole dispensing location shall not be open to the public.
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145 August 1, 2016 Item 11 D. The collective shall maintain complete records regarding the amount of medical marijuana cultivated, processed, stored, manufactured or destroyed at its cultivation site. E. The collective shall maintain complete records regarding the transporting of medical marijuana from the collective's off-site cultivation site to the collective's dispensing location, or to the dispensing location or off-site cultivation site of another collective registered with the City of San José. Such records shall include the date and time the medical marijuana was transported, the amount of medical marijuana transported, whether the medical marijuana was in flower, concentrate or edible form, and the strain of medical marijuana transported. F. All transporting of medical marijuana from a collective's cultivation site to its dispensing location or between two registered collectives shall be conducted between the hours of 6:00 a.m. and midnight. G. All water used in the cultivation of medical marijuana shall be legally obtained and shall be applied in accordance with state and local laws. H. The city manager shall promulgate regulations pursuant to Section 6.88.315 to ensure that collectives control, record, and track their medical marijuana throughout the cultivation, processing, manufacturing, transporting and dispensing processes in accordance with state law and any guidelines adopted by the California Attorney General.
(Ords. 29421, 29664.)
6.88.440 - Collective operations.
A. No dispensing location for the collective shall be open between the hours of 9:00 p.m. and 9:00 a.m. on any given day. B. No collective shall operate for profit. C. Except as provided in Section 6.88.465, only medical marijuana that was cultivated, processed, and manufactured by the collective at the collective's premises or location, including any separate cultivation site, in strict accordance with state law and this chapter, may be stored and dispensed from said premises and/or location. This provision will not be enforced until December 18, 2016. However, all medical marijuana dispensed by a collective prior to December 18, 2016, must comply with all other provisions of this chapter and all regulations promulgated by the city manager pursuant to Section 6.88.315. D. In-kind contributions, monetary contributions and property contributions provided by members towards the collective's overhead expenses shall be in strict compliance with state law. All contributions (whether in-kind, monetary or property) shall be fully documented, in writing, at the time of their receipt by the collective and in accordance with Part 5 of this chapter. E. On the fifteenth day of each month, the collective shall provide a detailed accounting of overhead expenses to its membership. Contributions for overhead expenses shall be made through direct billing or through in-kind contribution. Monetary contributions shall be made by cash, personal check, cashier's check or credit card. All accountings, billings, and contributions (whether in-kind, monetary or property) shall be fully documented, in writing and in accordance with Part 5 of this chapter, and shall be submitted to the director of finance on a quarterly basis. F. No persons under the age of twenty-one shall be allowed at the location, and no medical marijuana transfers shall be made by the collective to a person under the age of twenty-one. G. No medical marijuana shall be provided to any persons other than the individual collective members who participate, either directly or through a primary caregiver, in the collective cultivation of medical marijuana at or upon the premises and/or location of that collective. H. No medical marijuana provided to a primary caregiver may be provided by the primary caregiver to any person other than the primary caregiver's qualified patient for whose care the primary caregiver is responsible.
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146 August 1, 2016 Item 11 I. No collective shall cause or permit the sale, dispensing, or consumption of alcoholic beverages at the premises and/or location or in the parking area for the premises and/or location. J. Medical marijuana may not be inhaled, smoked, eaten, ingested, vaped, or otherwise used or consumed at the premises and/or location, in the parking areas of the premises and/or location, within three hundred feet of the premises and/or location on the public right-of-way, or in those areas restricted under the provisions of California Health and Safety Code Section 11362.79. K. Each collective shall operate and maintain an onsite twenty-four-hour landline telephone number at the premises for receiving complaints and other inquiries regarding the collective. An individual member engaged in the management of the collective shall be responsible for receiving, logging, and responding to these complaints and other inquiries on a daily basis. The log shall be maintained in the records of the collective and in accordance with Part 5 of this Chapter. L. None of the following items shall be allowed on the premises or at the location or in the parking area for the premises or location: 1. Any controlled substances, other than medical marijuana as defined herein; 2. Any paraphernalia used for the ingestion of any type of controlled substance, except for medical marijuana; 3. Alcoholic beverages; or 4. Firearms, except in strict compliance with federal, state and local laws and with Section 6.88.420 I. M. A sign shall be posted in a conspicuous location inside the premises advising, in English, Spanish and Vietnamese, the following: "Both the sale of marijuana and the diversion of marijuana for nonmedical purposes are violations of State law. The use of marijuana may impair a person's ability to operate a motor vehicle or heavy machinery. Loitering at the location of a Medical Marijuana Collective for an illegal purpose is prohibited by California Penal Code Section 647(h). This Collective is registered in accordance with the laws of the City of San José." N. All owners, managers and individual members participating in the cultivation, processing, manufacturing, transporting or dispensing of medical marijuana shall, at all times while engaged in said activities on behalf of the collective, wear valid identification badges provided by the city pursuant to Section 6.88.425.
(Ords. 29421, 29664.)
6.88.445 - Deliveries of medical marijuana prohibited.
A. Except as provided in Section 6.88.435 and Section 6.88.465, collectives are prohibited from delivering medical marijuana to any person or location within the city. B. Except as provided in Section 6.88.435 and Section 6.88.465, collectives are prohibited from transporting medical marijuana from its premises or location. C. No person shall deliver medical marijuana to any person or location within the city, regardless of the origin of the medical marijuana, except for deliveries made to a qualified patient by the qualified patient's primary caregiver.
(Ord. 29664.)
6.88.446 - Mobile dispensaries prohibited.
A. Only a collective registered pursuant to this chapter may dispense medical marijuana in the City of San José.
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147 August 1, 2016 Item 11 B. A registered collective may only dispense from its sole dispensing location.
(Ord. 29664.)
6.88.450 - Owner, manager and membership requirements.
A. No owner, manager or any member who will be participating in the actual cultivation, Processing, manufacturing, transporting or dispensing of the medical marijuana shall: 1. Be on parole or probation for the possession, sale, distribution or transportation of a controlled substance, or 2. Have been convicted of a crime of moral turpitude, or convicted with the last ten years of any misdemeanor or felony involving any one of the following: a. The use of violence, force, fear, fraud or deception; b. The unlawful possession, sale, manufacture, use, distribution or transportation of a controlled substance; c. The use of money to engage in criminal activity; or 3. Be under the age of twenty-one. B. Members shall sign an agreement with the collective that states that members shall not distribute medical marijuana to nonmembers and that members shall not use medical marijuana for other than medicinal purposes. C. The collective shall terminate the membership of any member violating any provisions of this chapter. D. Each collective shall designate an on-site representative who shall be present during all hours of the collective's operation. The on-site designated representative shall meet the following minimum requirements: 1. Be a manager for the collective; 2. Comply with all laws and ordinances; 3. Carry on his or her person, at all times when he or she is functioning as the on-site representative, a valid government issued photo identification card or license; 4. Upon request by the chief of police or any other city official charged with enforcing the provisions of this Code, produce such photo identification card or license for inspection; 5. Be available at the telephone number identified in the registration as the on-site landline telephone number for the premises; 6. Cooperate fully with the chief of police and any other city official charged with enforcing the provisions of this Code with any inquiry, inspection, request, or investigation necessary or appropriate to implement the requirements of this Code or to enforce any other state or local law; 7. Immediately report to the chief of police any violations of state or local law or conditions which the on-site designated representative knows, or reasonably should know, exist on the premises and at the location and could result or have resulted in harm or an imminent threat of harm to the health, safety or general welfare of any person or member of the public; and 8. Immediately report to the chief of police, the county health department, and members of the collective any information indicating that a member experienced an adverse reaction to, or other difficulty related to, any medical marijuana procured from the collective.
(Ord. 29421.)
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148 August 1, 2016 Item 11 6.88.460 - Dispensing and packaging of medical marijuana.
A. No medical marijuana shall be provided to any collective member more than once per day. B. All medical marijuana shall be packaged in an opaque childproof container which shall contain a label that clearly states, the following: 1. The complete legal name of the qualified patient who will be using the medical marijuana; 2. If the person obtaining the medical marijuana is a primary caregiver obtaining medical marijuana on behalf of a qualified patient, the complete legal name of the primary caregiver and the name of the qualified patient for whom he or she serves as a primary caregiver; 3. The name, address and on-site landline telephone number of the collective; 4. The amount of medical marijuana in the container; 5. The name of the attending physician recommending the use of medical marijuana for the qualified patient; and 6. The date the medical marijuana was provided. C. All medical marijuana shall also be accompanied by a leaflet or insert that clearly states, in English, Spanish and Vietnamese, the following: 1. A list of the chemicals and/or substances that were used during the cultivation, processing and manufacturing of the medical marijuana; 2. Health and safety warnings regarding proper use and storage of the particular medical marijuana product, including, but not limited to potential side effects, suggested dosage, warnings regarding operation of motor vehicles and heavy machinery, and direction that the medical marijuana be stored in a clean and dry place, and be kept out of the reach of children; and 3. A statement that the City of San José neither warrants nor guarantees the quality or safety of the medical marijuana contained therein. D. All edible medical marijuana products shall be placed in opaque packaging, without photos or images of food on the label. Packaging that makes the edible product attractive to children or imitates candy is prohibited. Edible medical marijuana products shall not imitate commercially produced goods marketed to children. The edible product must have a label or be accompanied by a leaflet or insert that clearly states, in English, Spanish and Vietnamese, the source of the food production in addition to all of the information required by Subsections 6.88.460 B. and C.
(Ords. 29421, 29664.)
6.88.465 - Collective to collective transfers.
A. Notwithstanding Sections 6.88.430 E. and 6.88.440 C. of this chapter, a collective in possession of a valid notice of completed registration may transfer medical marijuana to another collective in possession of a valid notice of completed registration. B. Collective to collective transfers shall be subject to all restrictions and requirements regarding the transportation of medical marijuana into the City of San José. C. Collective to collective transfers shall be subject to all taxes imposed by state and local law.
(Ord. 29664.)
6.88.470 - Public safety and safety of location.
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149 August 1, 2016 Item 11 A. Each collective shall operate in a manner such that the cultivation of medical marijuana does not adversely affect the health or safety of nearby properties through creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts. B. Each collective shall utilize appropriate air purification systems and air scrubbers wherever medical marijuana is cultivated, processed, manufactured or dispensed so as to prevent the odor of medical marijuana from emanating beyond the walls of the collective's premises. C. The cultivation of medical marijuana shall not create hazards due to the use or storage of materials, processes, products or wastes. D. All electrical equipment used in the cultivation of medical marijuana shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the cultivation of medical marijuana is prohibited. E. Each and every collective shall ensure that it has safe growing facilities, chemicals and fertilizers are properly stored, carbon dioxide levels are tested, areas are properly vented, and mold is tested and controlled.
(Ord. 29421.)
6.88.480 - Property maintenance.
The owner and/or manager of a collective shall keep the premises and location in a clean and safe condition by, at a minimum, performing all of the following tasks: A. Properly remove and store all trash, litter, rubbish and debris on the premises and location at the end of each business day; and B. Properly dispose of all trash, litter, rubbish and debris from the premises and location; and C. Remove graffiti placed upon the premises and location within forty-eight hours of its occurrence; and D. Keep driveways, sidewalks, parkstrips, fire access roads and streets on or adjacent to the premises and location clear and clean; and E. Provide lighting on the premises and location to ensure the safety of the public and the employees of the collective; and F. Otherwise operate in a manner that does not create or result in any significant adverse impacts upon its premises and location or within three hundred feet of the premises and location.
(Ord. 29421.)
6.88.490 - Performance standards.
The owner, manager and/or operator of a collective shall not conduct the collective in a manner that creates or results in a public nuisance on the premises and location or within three hundred feet of the premises and location, including but not limited to: A. Disturbance of the peace; B. Illegal drug activity; C. Public drunkenness; D. Drinking in public; E. Gambling; F. Prostitution;
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150 August 1, 2016 Item 11 G. Sale of stolen goods; H. Public urination; I. Theft; J. Assaults; K. Batteries; or L. Acts of vandalism.
(Ord. 29421.)
Part 5 - RECORDS
6.88.500 - Maintenance of records.
A. Each collective shall maintain all records and documents required by Parts 3 and 4 of this chapter and all the information and records listed below: 1. The name, address, and telephone number(s) of the owner, landlord and/or lessee of the location; 2. The following information concerning each member of the collective: a. Name and a confidential member number unique to that individual which is used solely for the log identified in Subsection 7. below; b. A copy of a valid government issued photo identification card or license; c. A copy of the member's identification card or the physician's recommendation for the member; d. The date the member joined the collective; and e. The nature of the member's participation in the collective cultivation of medical marijuana; 3. The name and telephone number of each primary caregiver member, along with a copy of every written designation for every qualified patient that designated the member as his or her primary caregiver; 4. The name, business address and telephone number of each attending physician who provided a physician's recommendation for any member of the collective; 5. The records of all qualified patients with a valid identification card and primary caregivers with a valid identification card may be maintained by the collective using only the identification card number issued by the state pursuant to California Health and Safety Code Section 11362.7 et seq., in lieu of the information required by Subsections 6.88.500 A.2.a. through c., 6.88.500 A.3., and 6.88.500 A.4.; 6. Up-to-date information for all savings accounts, checking accounts, investment accounts and trusts associated with the operation of the collective; 7. All receipts of the collective, including but not limited to all contributions and all expenditures incurred by the collective for the cultivation of medical marijuana; 8. An up-to-date log documenting each transfer of medical marijuana reflecting the amount provided, the form or product category in which the medical marijuana was provided, the date provided, the time provided and the member number to whom it was provided;
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151 August 1, 2016 Item 11 9. An up-to-date log documenting the date, time, nature, and response by the collective to all complaints received by the collective pursuant to Subsection 6.88.440 K. of this chapter; 10. A copy of the annual audit reports required pursuant to Section 6.88.600 of this chapter; and 11. Proof of completed registration with the city manager in conformance with this chapter. B. All records required by this section shall be maintained by the collective for a period of five years and shall be made available by the collective to the city manager and any city official charged with enforcing the provisions of this Code, in accordance with Sections 6.88.330 B. and 6.88.700 of this chapter. C. At the request of the city manager, all records required by this section shall be made available in standard electronic format which shall be compatible with Microsoft Office programs and which can easily be imported into either Excel, Access, or any other contemporary software program designated by the city manager. D. In addition to all other formats that the collective may maintain, all records required by this section shall be stored by the collective at the location in a printed format in a fire-proof safe or in an unalterable electronic format with a documented system for regular information backup that is satisfactory to the city manager.
(Ords. 29421, 29575.)
Part 6 - AUDITS
6.88.600 - Audits.
No later than September 30 of every year, each collective shall file with the city manager an audit of its financial operations for the previous calendar year, completed and certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The audit shall include but not be limited to a discussion, analysis, and verification of each of the records required to be maintained pursuant to Parts 3, 4 and 5 of this chapter. The information contained in the audit shall be made available in standard electronic format which shall be compatible with Microsoft Office programs and which can easily be imported into either Excel, Access, or any other contemporary software program designated by the city manager.
(Ords. 29421, 29575, 29715.)
Part 7 - INSPECTION AND ENFORCEMENT
6.88.700 - Inspection and enforcement.
A. The chief of police and any other city official charged with enforcing the provisions of this Code may enter the location at any time during the hours of operation without notice and inspect the location of any collective as well as the recordings and records maintained pursuant to this chapter in accordance with Section 6.88.330 B. B. It is unlawful for any owner, landlord, lessee, member (including but not limited to a member engaged in the management of the collective), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, or the review or copying of records and closed-circuit monitoring authorized and required under this
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152 August 1, 2016 Item 11 chapter, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. C. The chief of police and any other city official charged with enforcing the provisions of this chapter may enter the location at any time during the hours of operation and without notice to obtain samples of the medical marijuana to test for law enforcement and/or public safety purposes. Any samples obtained by the city shall be logged, recorded, and maintained in accordance with departmental standards. At all other times, the chief of police and any other city official charged with enforcing the provisions of this chapter may enter the location to obtain samples of medical marijuana upon reasonable notice.
(Ord. 29421.)
Part 8 - APPLICATION OF CHAPTER; OTHER LEGAL DUTIES
6.88.800 - Existing medical marijuana operations.
A. Any existing medical marijuana collective, dispensary, operator, establishment, or provider at the time of the effective date of this chapter is not in compliance with the San José Municipal Code, and shall immediately cease operations. This chapter does not create any defense to civil or criminal enforcement of the provisions of the San José Municipal Code until such time, if any, that all requirements of this chapter are met. B. No medical marijuana collective, dispensary, operator, establishment, or provider is a legally established use under the provisions of this Code whether in existence before or after the effective date of this chapter.
(Ord. 29421.)
6.88.810 - Compliance with this chapter and state law.
A. It is unlawful for any person to cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana. To establish an affirmative defense to civil and criminal enforcement of the provisions of the San José Municipal Code, the person seeking to invoke the defense must establish compliance with all other applicable state and local laws. B. It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana, and a person may not establish an affirmative defense to civil and criminal enforcement of the provisions of the San José Municipal Code unless in strict compliance with Health and Safety Code Sections 11362.5 et seq. and pursuant to any and all other state and local laws. C. It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the city under this chapter, or to any other federal, state or local government agency having jurisdiction over any of the activities of collectives. D. It shall be the responsibility of the owners and the members of the collective to ensure that the collective is, at all times, operating in a manner compliant with all applicable state and local laws. Nothing in this chapter shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, manufacture, provision, and sale of marijuana.
(Ord. 29421.)
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153 August 1, 2016 Item 11 6.88.820 - Violation and enforcement.
A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this chapter shall be subject to injunctive relief, the collective's registration being deemed null and void, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the collective and persons related to, or associated with, the collective. Additionally, when the city manager determines that there is an imminent threat to public health, safety, or welfare, the collective's registration shall immediately become null and void. B. Notwithstanding an initial verification of compliance by the collective with the provisions of this chapter, any collective later found to be in violation of any of the requirements of this chapter at any time is subject to the enforcement provisions provided in this section.
(Ord. 29421.)
6.88.830 - Release of liability and hold harmless.
The collective and its members shall release the City of San José, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the collective or its members for violation of federal or state laws and from any and all legal liability related to or arising from the registration of the collective or the enforcement of the provisions of this chapter, in a form satisfactory to the city's risk manager. In addition, the collective and its members shall indemnify and hold harmless the City of San José and its agents, officers, elected officials, and employees for any claims, damages, or liabilities arising from claims filed by third parties due to the operations at the location or premises or arising from claims filed by the collective's members arising out of the possession, cultivation or dispensing and/or on- or off-site use of medical marijuana provided at the location or premises, in a form satisfactory to the city's risk manager.
(Ord. 29421.)
6.88.840 - Registration nontransferable.
No person shall assign or transfer any notice of completed registration issued under this chapter and any attempt to assign or transfer any notice of completed registration issued pursuant to this chapter shall render the notice of completed registration null and void.
(Ord. 29421.)
Part 9 - PERSONAL USE CULTIVATION REQUIREMENTS AND REGULATIONS
6.88.900 - Requirements and regulations.
A. Nothing in this chapter shall be deemed to make unlawful personal use cultivation of medical marijuana at the private residence of either a qualified patient or the qualified patient's primary caregiver for use by the qualified patient if such cultivation is conducted pursuant to Health and Safety Code Sections 11362.765 through 11362.775. B. Any personal use cultivation must be conducted in strict compliance with the following provisions:
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154 August 1, 2016 Item 11 1. A qualified patient and primary caregiver shall be allowed to cultivate medical marijuana within the private residence of either the qualified patient or the qualified patient's primary caregiver for the qualified patient's personal use; 2. The building being used for the cultivation shall remain at all times a residence with legal and functioning cooking, sleeping and sanitation facilities; 3. Medical marijuana cultivation shall remain at all times incidental to the residential use of the property; 4. The qualified patient or the primary caregiver shall reside in the residence where the medical marijuana cultivation occurs; 5. The medical marijuana cultivation area shall be in compliance with all current building and fire codes, including without limitation, the current adopted edition of the California Building Code Section 1203.4 - Natural Ventilation; or Section 402.3 - Mechanical Ventilation; 6. The cultivation shall not adversely affect public health or safety through the creation of mold, mildew, dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts; or be hazardous because of the use or storage of materials, processes, products or wastes, or for any other reason; 7. All electrical equipment used in the cultivation of medical marijuana shall be plugged directly into a wall outlet or otherwise hardwired. The use of extension cords to supply power to electrical equipment used in the cultivation of medical marijuana is prohibited; 8. From a public right-of-way, there shall be no exterior evidence of medical marijuana cultivation occurring at the property; 9. Medical marijuana cultivated for personal use as provided herein shall not be distributed to any person beyond those identified in Section 6.88.262 B. or to any collective; 10. Only medical marijuana transfers, as defined in Section 6.88.242, may be transacted between qualified patients and their primary caregivers engaging in personal use cultivation; 11. All water used in the cultivation of medical marijuana shall be legally obtained and shall be applied in accordance with state and local laws; 12. Notwithstanding the number of qualified patients or primary caregivers residing at the private residence, medical marijuana cultivation shall be limited to a single space within a single room that is not a garage. The single space in the single room shall be no larger than fifty square feet and all medical marijuana plants shall be arranged in a single layer; 13. Medical marijuana cultivated for personal use by a qualified patient shall be exclusively for his or her personal medical use and shall not be provided, donated, sold, or distributed to any other person or entity; 14. Medical marijuana cultivated for personal use by a primary caregiver shall be exclusively for the personal medical use of that primary caregiver's designated qualified patients and shall not be provided, donated, sold, or distributed to any other person or entity; 15. The area used for medical marijuana cultivation, processing, manufacturing or storage shall be secured in a manner so as to prevent access by anyone other than a qualified patient or primary caregiver; and 16. The extraction or refinement of chemical compounds from medical marijuana by way of a solvent-based extraction method utilizing compressed flammable gases or alcohol is prohibited.
(Ords. 29421, 29664.)
TITLE 6 FOOTNOTES
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155 August 1, 2016 Item 11 1. For statutory provisions authorizing cities to license businesses for purposes of revenue and regulations, see Gov. Code § 3701.01; for provisions authorizing cities to license businesses in the exercise of the police power, see Bus. and Prof. Code § 16000 et seq. 2. For statutory provisions authorizing cities to tax and license games, see Gov. Code § 37101. 3. For statutory provisions on the inspection of used car lots, see Vehicle Code § 10656. 4. For statutory provisions on automobile dismantlers, see Vehicle Code §§ 220 and 11500 et seq. 5. For statutory provisions authorizing cities to license and tax shows, exhibitions and games, see Gov. Code § 37101. 6. For statutory provisions on cleaning, dyeing and pressing, see Bus. and Prof. Code § 9500 et seq. 7. For statutory provisions on petroleum, see Bus. and Prof. Code § 20700 et seq. 8. For statutory provisions on junkyards, see Bus. and Prof. Code § 21600 et seq. 9. For statutory provisions on local regulation of private patrols, see Bus. And Prof. Code §§ 7523 and 7523.1; for the statutory definition of private patrol operator, see Bus. and Prof. Code § 7521(b). 10. For statutory provisions on pawnbrokers, see Fin. Code §§ 21000-21209; for provisions and secondhand goods, see Bus. and Prof. Code §§ 21500-21639. 11. For statutory provisions on solicitation, see Bus. and Prof. Code § 17500.3. 12. [Reserved.] 13. For statutory provisions authorizing local regulations of tow-car services, see Vehicle code § 21100. 14. For statutory provisions on vehicle salesmen, see Vehicle Code § 11800 et seq.; for provisions on identifiable secondhand personal property, see Bus. and Prof. Code § 21625 et seq.
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156 August 1, 2016 Item 11 Attachment D The Strause Family
Memorandum
To: Del Mar City Council From: Linda Strause, PhD Brendon Strause Tyler Strause Randy Strause (In Memoriam) Date: July 22, 2016
Re: The potential regulation and taxation of medical cannabis in Del Mar.
We have previously provided comments to the City Council before on the need for responsible regulations on cannabis businesses in Del Mar. We want to make a few additional comments today. Those comments focus on the fiscal reality that the City of Del Mar faces. There are two choices: 1) tax and regulate some cannabis-related businesses to provide funding for enforcement or 2) pass an ordinance to banned all businesses related to cannabis and have no increase in revenues for enforcement.
Del Mar’s current ordinance regulates personal cultivation yet there are no funds available to ensure compliance. However other cannabis-related businesses are happening in Del Mar despite the City Council's ban on all such businesses. For example delivery's take place daily, without complaint or concern from neighbors. Del Mar does not have the budget to proactively police these businesses nor does it gain any benefit from these businesses in the way of taxes or permitting fees. The city currently unable to proactively enforce its ordinance and is unable to impose reasonable regulations to protect public safety and the health and wellbeing of patients who rely on medical cannabis to ease their suffering.
Several cities and counties across the state have or are in the process of regulating and taxing medical cannabis. Those who have chosen to ban commercial cannabis are finding it difficult to find the money to fund the enforcement of their bans. The only way to fund the enforcement of regulations on commercial cannabis activity is to regulate and tax commercial cannabis businesses. Otherwise you must accept that you will not have the funds to enforce your own ordinances or be forced to sacrifice other programs in order to fund the enforcement of a ban on cannabis businesses occurring in the City of Del Mar.
The Strause Family | 2069 Coast Blvd | Del Mar CA, 92014 (858) 755-4800 | [email protected]
157 August 1, 2016 Item 11
The Strause Family
We recommend that the city council support the first choice. In order to fund its ordinance and ban certain cannabis businesses, we suggest that the city council consider permitting and taxing at least some cannabis businesses in Del Mar. What cannabis business those may be are clearly a future discussion. However the goal should be generate enough revenue to support the cost of enforcement. By doing so Del Mar would be able to fund public education as well as the enforcement of cannabis businesses including those which may be legalized by Prop 64 this November. Prop 64 would legalize the cultivation and use of cannabis for all responsible adults over the age of 21.
We would be happy to work with the city council to develop a program that will maximize revenue while preserving the quality of life in our community and protecting patients rights and wellbeing. Thank you for giving us the opportunity to provide comments on this issue and we look forward to attending the meeting.
Sincerely,
Linda Strause, PhD Tyler Strause Brendon Strause
The Strause Family | 2069 Coast Blvd | Del Mar CA, 92014 (858) 755-4800 | [email protected]
158 August 1, 2016 Item 11