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CC - Authorization to Release a Request for Proposals for a Consultant(s) to Assist in the Development of Marijuana Policies and Regulations
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Meeting Date: March 27, 2017
Contact Person/Dept: Jesse Mays/Assistant to the City Manager
Phone Number: (310) 253-6009
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/22/17); GovDelivery subscribers Marijuana (03/22/17).
Department Approval: John Nachbar, City Manager (03/21/17)
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RECOMMENDATION
Staff recommends that the City Council authorize the release of a Request for Proposals (RFP) for one or more consultant(s) to assist with the development of marijuana policies and regulations.
BACKGROUND
At the February 27, 2017 meeting of the City Council, staff recommended that City retain one or more experienced consultant(s) with a successful track record in the areas of marijuana policy and finance in order to assist the City in the process of developing marijuana policies and regulations. At that meeting the City Council approved a motion to establish a Marijuana Task Force as described in the staff report, and direct the City Manager to return to City Council with a request for proposals (RFP) for a consultant to assist the City with the process of developing new marijuana regulations.
DISCUSSION
In the interest of meeting rapidly approaching deadlines (new state regulations go into effect January 1, 2018, and the recommended deadline for City Council to place a ballot measure on the April 10, 2018 ballot is November 20, 2017), staff is requesting direction to release the RFP. The two City Council representatives to the Marijuana Task Force, Vice Mayor Jeff Cooper and Council Member Meghan Sahli-Wells, plan to participate in the interview and selection process for the recommended consultant, and if the contract is for more than $30,000, the full City Council will vote on whether to approve the contract with the recommended consultant.
Potential Scope of Work: Agreed Upon Procedures
The City of Culver City intends to obtain the services of a qualified firm to perform agreed-upon procedures (AUP) pertaining to development of comprehensive marijuana policies and regulations. The consultant will work with the Marijuana Task Force, the City Council, City staff, the public, and marijuana stakeholders to develop a comprehensive set of marijuana policies and regulations including: review of existing municipal code and land use regulations, preparation of the appropriate City codes, development of a discretionary review and entitlement process, a multi-phased merit based application process for prospective businesses (including medical and recreational retail, distribution, cultivation, processing, manufacturing, and testing), a City regulatory permit fee to offset staff costs to manage the program, and development of an optimal local tax policy that provides the City with the greatest flexibility and complies with Proposition 218. The process will include attendance at the meetings of the Marijuana Task Force (currently expected to occur bi-weekly), public engagement meetings, and meetings of the City Council, Planning Commission, and Financial Advisory Committee. Drafting of City Code amendments and ordinances would be done in coordination with the City Attorney’s office.
Potential Scope of Work: Project Requirements
Project requirements shall include, subject to the direction of the City Manager or his designee:
1. A kick-off meeting with the Marijuana Task Force and ongoing coordination with the Marijuana Task Force and City Staff.
2. Review of existing regulations related to medical and non-medical marijuana currently in place in the City.
3. Attendance, participation and advice during meetings with the Marijuana Task Force, and Planning Commission, Finance Advisory Committee, and City Council meetings where City code amendments, cost-recovery fees, tax policy, or a merit-based application process are being considered.
4. Preparation of commercial marijuana program including:
a. Draft City Code amendments (proposed ordinance(s) shall ensure that proper policies are in place to address time, place and manner issues associated with marijuana businesses);
b. A discretionary review and entitlement process;
c. Determination of appropriate number of licenses and zoning districts that would allow medical and non-medical retail, distribution, cultivation, processing, manufacturing, and testing;
d. Cost-recovery fees;
e. Tax Policy in compliance with Proposition 218;
f. A merit-based, multi-phase application and permitting process.
5. Development of personal cultivation policies and procedures, including:
a. Draft City Code amendments;
b. Permitting and inspection procedures; and
c. Cost recovery fees.
6. Drafting of any municipal code updates required to come into compliance with Prop 64 possession requirements.
7. Drafting of any code updates required to allow, regulate, or ban marijuana deliveries.
8. Policies and procedures for the City to manage large cash payments.
FISCAL ANALYSIS
There is no fiscal impact at this time. If and when the City Council approves awarding a contract, there will be a fiscal impact. The potential fiscal impact will be known once proposals are received.
ATTACHMENTS
None.
MOTION
That the City Council:
1. Authorize the release of a Request for Proposals for a consultant(s) to assist the City with the process of developing new marijuana regulations.
and/or
2. Provide direction to the City Manager as deemed appropriate.