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File #: 17-0812    Version: Name:
Type: Resolution Status: Agenda Ready
File created: 8/30/2017 In control: Executive Office
On agenda: 9/12/2017 Final action:
Title: Noticed Public Hearing - Discussion and Possible Adoption of Resolution Amending the Master Fee Schedule Regarding Cannabis, Including, but Not Limited to, the Department of Agriculture, Effective October 12, 2017 (Sponsor: Executive Office)
Attachments: 1. Resolution 17-135, 2. Attachment A - RESOLUTION, 3. Fee Hearing Notice, 4. Affidavit of Publication, 5. Attachment B - Ag Cottage Ind Fee Packet 9-12-2017, 6. Attachment C- Subsidization Calculation, 7. Attachment D - BOS Ag Fee Packet 1-10-2017, 8. 09-12-17 O'Neill Correspondence, 9. 09-12-17 Sellers Correspondence 1 of 2, 10. 09-12-17 Sellers Correspondence 2 of 2

 

To:  Board of Supervisors

FromExecutive Office

Meeting DateSeptember 12, 2017

 

Department Contact:  

Carmel Angelo

Phone: 

463-4441

Department Contact:  

Kenneth Spain

Phone: 

463-4441

 

Item Type:   Noticed Public Hearing

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Noticed Public Hearing - Discussion and Possible Adoption of Resolution Amending the Master Fee Schedule Regarding Cannabis, Including, but Not Limited to, the Department of Agriculture, Effective October 12, 2017

(Sponsor: Executive Office)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution amending the Master Fee Schedule regarding cannabis, including, but not limited to, the Department of Agriculture, effective October 12, 2017; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

Two separate fee hearings were conducted in 2012 to address cost recovery measures; and annual fee hearing meetings were held on April 3, 2013, April 8, 2014, November 4, 2014, December 20, 2016, January 10, 2017, March 20, 2017, and July 11, 2017. The last amendment to the Fee Schedule took effect July 11, 2017.                     

 

Summary of Request

Pursuant to County Policy N0. 47, consideration and possible approval of a request to add a new fee or reduce the existing Annual Application Fee as part of the cannabis permitting process, and to amend  the Fee Schedule for the Department of Agriculture is being presented by the County Executive Office as directed by the Board of Supervisors on August 29, 2017.  The proposed fee is specifically for a Cottage Industry Application Fee for the cannabis program.

 

The Board has directed staff to present multiple options to reduce the cost of applying to the cannabis program for cottage industry level cultivators as defined in County Ordinance No. 10A.17.060 (Types C, C-A and C-B). Attached to this agenda item is a spreadsheet (Attachment C) defining possible rates and the resulting amount of subsidy each level of less than full cost recovery would reduce General Fund revenue.

 

The Board directed the Chief Executive Officer to convene by teleconference the Mendocino County Cannabis Working Group which met on August 30, 2017 and provided several suggestions for consideration as part of creating a list of options for cottage industry applicants. The suggestions are:

                     Make the Cottage Industry (CI) permit a three (3) year permit

                     CI applications take less time so they should be reduced

                     Eliminate the Inspection Fee and go to a complaint driven process

                     Make refunds for CI fees already collected if/when the Annual Application Fee is reduced for Cottage Industry Applications

                     Make the CI fee a tiered fee, adjusting for multiple fees that require less time when done at the same time

 

Additional fee related comments, not necessarily related to the Cottage Industry, were:

                     Why is there a Property Profile Fee when it was not charged under 9.31

                     When will there be a Mendocino Sustainability Grown Certification Fee and program

                     The Property Profile Fee needs to be institutionalized in the Planning review process (meaning to make sure the amount is adjusted against other fees that require a Property Profile as part of their process)

 

Staff has prepared for Board review the fiscal impact of partially refunding fees already paid by the 71 applicants who have applied as of August 30, 2017. The refund would be based upon the new/revised, adopted fee.

 

Alternative Action/Motion:

Return to staff with direction for further review.                     

 

Supplemental Information Available Online at: N/A

 

 

Fiscal Impact:

Source of Funding: General Fund fee income

Budgeted in Current F/Y: No

 

Current F/Y Cost: Unknown

Annual Recurring Cost: Unknown

 

 

 

 

Supervisorial District:  All

Vote Requirement:  Majority

 

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Alan D. Flora, Assistant CEO

 

 

CEO Review: Yes 

 

 

CEO Comments:

FOR COB USE ONLY

Executed By: Nicole French

Final Status:Adopted

Date: September 29, 2017

Executed Item No.: Resolution Number: 17-135

Note to Department: 

 

Executed Documents Returned to Department: Originals  _____  Copies  _____   Hand Delivered   ___  Interoffice Mail  ___ Executed Agreement Sent to Auditor?  Y/N