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HomeMy WebLinkAboutResolution - 3679 STATE OF CALIFORNIA ) RESOLUTION NO. 3679 COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA FORMING A CITIZENS ADVISORY COMMITTEE AND A CANNABIS POLICY OVERSIGHT COMMITTEE WHEREAS, the City Council from time to time undertakes or considers special projects that would benefit from additional insight from the citizenry; and WHEREAS, by having a standing committee of residents and business owners, the City Council will be able to seek advice from the committee as special projects arise; and WHEREAS, the People of San Jacinto and the City Council, through a ballot measure and a series of ordinances and other actions, have established a comprehensive means for taxing and regulating legal cannabis businesses; and WHEREAS, the City Council desires to create a forum for an open dialogue to advise the City Council and the community about the legal cannabis industry, to advise on ways to decrease the potential negative impacts of the legal cannabis industry, to advise on ways to increase the potential positive impacts from the legal cannabis industry, and to encourage the creation of jobs, educational partnerships, medical benefits and other potential benefits of the industry; and WHEREAS, the City Council desires to create a forum that encourages participation from various stakeholders in the community and the cannabis industry to advise the City Council in a manner that takes into account a variety of viewpoints on the subject; and WHEREAS, the City Council desires to form a Community Advisory Committee to advise the City Council on special projects; and WHEREAS, the City Council desires to form a Cannabis Policy Oversite Committee, consisting of the Community Advisory Committee and other stakeholders, to advise the City Council on policy, opportunities, and impacts relating to the legal cannabis industry. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION A. The City Council hereby forms the Citizens Advisory Committee ("CAC") as follows: 1. Purpose. The purpose of the CAC is to advise the City Council on any and all matters that the City Council refers to the CAC. The City Council recognizes that, in addition to other forms of public participation, having a committee dedicated to considering and advising on certain matters will increase public participation and aid the City Council in its responsiveness to its constituents and to the stakeholders within the community. The City Council further recognizes that, from time to time, special projects, opportunities, developments, and other issues may arise that will benefit from additional citizen participation and commentary. By forming the CAC, the City Council will have an advisory committee at the ready to consider questions and issues as they are referred by the City Council. 2. Composition. The CAC shall be a standing committee consisting of ten (10) members, of which five (5) shall be residents of the City and five (5) shall be members of the San Jacinto business community, either as owners of businesses that are located or operating within the City or as representatives of businesses that are located or operating within the City. 3. Appointment. Members of the CAC shall be appointed by a majority vote of the City Council. 4. Term of Office. The term of office of each member of the CAC is four years. Each member serves until a successor is appointed. 5. Removal or Vacancy. A member of the CAC may be removed by a majority vote of the City Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. A vacancy occurs upon the removal or resignation of the member or upon the member no longer maintaining the qualifications to serve on the CAC. 6. No Compensation. Members of the CAC serve without compensation or expense reimbursement. 7. Meetings. The CAC shall meet in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.), as amended from time to time. CAC meetings are open to the public and will be noticed in accordance with law. The time and place for CAC meetings shall be established by the City Manager, unless the City Council establishes by-laws or other procedural rules setting forth the time or place of such meetings. 8. Appointment of Chair and Vice-Chair. The CAC members will designate a chair and vice-chair of the CAC from among the membership. Each chair and vice-chair term will be one year. 9. Record of Proceedings. The CAC will keep a public record of its proceedings. 10.Quorum. A majority of the seated members will constitute a quorum of the CAC for the transaction of business. For purposes of determining a quorum, any vacancies shall not be counted, except that at least six (6) members must be appointed in order to transact business. Action shall be by a majority of the quorum. 11.Duties of the CAC. The CAC will advise the City Council in all matters referred to the CAC by the City Council. The CAC will be advisory only. SECTION B. The City Council hereby forms the Cannabis Policy Oversight Committee ("CPOT") as follows: 1. Purpose. The purpose of the CPOT is to advise the City Council on policy, opportunities, and impacts relating to the legal cannabis industry. The City Council desires to create a committee that will enable an open dialogue to advise the City Council and the community about the legal cannabis industry, to advise on ways to decrease the potential negative impacts of the legal cannabis industry, to advise on ways to increase the potential positive impacts from the legal cannabis industry, and to encourage the creation of jobs, educational partnerships, medical benefits and other potential benefits of the industry. The purpose of the CPOT is also to encourage participation from various stakeholders in the community and the cannabis industry to advise the City Council in a manner that takes into account a variety of viewpoints on the subject. 2. Composition. The CPOT shall be a standing committee of the City consisting of fourteen (14) voting members, of which: ten (10) shall be the members of the Citizens Advisory Committee, two (2) shall be representatives of duly licensed legal cannabis businesses operating within the City (or representatives of pending applicants for legal cannabis business licenses), and two (2) shall be City Council Members. Additionally, the City Manager, or his/her designee, and the Police Chief, or his or her designee may serve as ex offrcio members of the CPOT. 3. Appointment. The City Council shall by majority vote appoint two (2) council members to the CPOT and two (2) representatives of the of duly licensed legal cannabis businesses operating within the City, who shall not be from the same business. The City Manager and the Police Chief may, respectively, designate the ex offtcio members. 4. Term of Office. The term of office of each member of the CPOT is: (a) for CAC members, consistent with their term on the CAC; (b) for cannabis industry representatives, two (2) years; (c) for City Council members, one (1) year, and for ex oflrcio members there is no term. 5. Removal or Vacancy. A member of the CPOT may be removed by a majority vote of the City Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. A vacancy occurs upon the removal or resignation of the member or upon the member no longer maintaining the qualifications to serve on the CPOT. 6. No Compensation. Voting members of the CPOT serve without compensation or expense reimbursement. 7. Meetings. The CPOT shall meet in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.), as amended from time to time. CPOT meetings are open to the public and will be noticed in accordance with law. The time and place for CPOT meetings shall be established by the City Manager, unless the City Council establishes by-laws or other procedural rules setting forth the time or place of such meetings. 8. Appointment of Chair and Vice-Chair. The City Council members serving on the CPOT will serve as Chair and Vice-Chair. The City Council shall select the Chair. 9. Record of Proceedings. The CPOT will keep a public record of its proceedings. 10.Quorum. A majority of the seated voting members will constitute a quorum of the CPOT for the transaction of business. For purposes of determining a quorum, any vacancies shall not be counted, except that at least eight (8) voting members must be appointed in order to transact business. Action shall be by a majority of the quorum. 11.Duties of the CPOT. The CPOT will advise the City Council in all matters referred to the CPOT by the City Council and relating to the legal cannabis industry. Duties may include but shall not be limited to advising on ways to decrease the potential negative impacts of the legal cannabis industry, advising on ways to increase the potential positive impacts from the legal cannabis industry, encouraging the creation of jobs, educational partnerships, medical benefits and other potential benefits of the industry, and encouraging participation from various stakeholders in the community and the cannabis industry so to advise the City Council in a manner that takes into account a variety of viewpoints on the subject. The CPOT will be advisory only. SECTION 3. Dissolution. The CAC and CPOT may each be dissolved by resolution of the City Council. If either the CAC or CPOT does not meet within any one (1) year period, it shall be deemed to be dissolved. SECTION 4, Severability. If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid. PASSED, APPROVED and ADOPTED this. 5th day of September 2017 by the following vote.- AYES: Ledezma, Ruiz, Utz, Miller NAYS: None ABSENT: None ABSTAIN: None CITY OF SAN JACI O tc"Iller, Mayor ATTEST: el ton, i Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER Michael J. Maurer, City Attorney CERTIFICATE State of California ) County of Riverside) ss City of San Jacinto) I, Angela Walton, duly appointed City Clerk of the City of San Jacinto, do hereby certify that the foregoing Resolution No. 3679 was duly adopted at a regular meeting of the City Council of the City of San Jacinto on the 5th day of September 2017. PASSED, APPROVED and ADOPTED this 5th day of September 2017 by the following vote: AYES: Ledezma, Ruiz, Utz, Miller NAYS: None ABSENT: None ABSTAIN: None Witness my hand and seal the 5th day of September 2017. !;40anX*Jacintoy Clerk