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HomeMy WebLinkAboutCC Resolution 14731 (Formation of Cannabis Industry Tax Oversight Committee)RESOLUTION NO. 14731 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE FORMATION OF THE CANNABIS INDUSTRY TAX OVERSIGHT COMMITTEE WHEREAS, at the Special Municipal Election held on June 5, 2018, San Rafael voters approved Measure G, adopting Chapter 3.40 in the San Rafael Municipal Code, a Cannabis Industry Tax, by a two-thirds majority of the votes cast in said election; and WHEREAS, pursuant to Section 3.40.020 of Chapter 3.40, the City Council has adopted new Chapter 10.96 of the San Rafael Municipal Code and Resolution No. 14644, together establishing a “cannabis business regulation and oversight program”; and WHEREAS, in connection with the cannabis business regulation and oversight program, the City Council desires to establish a citizen’s committee to provide oversight over the collection and use of the proceeds of the Cannabis Industry Tax; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael hereby establishes the Cannabis Industry Tax Oversight Committee and establishes the responsibilities and duties of the Cannabis Industry Tax Oversight Committee members as specifically delineated in Exhibit “A” attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that the Cannabis Industry Tax Oversight Committee shall automatically disband no later than six (6) months after the Cannabis Industry Tax is repealed, ruled invalid or terminates under the provisions of the applicable ordinance. I, LINDSAY LARA, CLERK of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the City of San Rafael, Marin County, California, at a regular meeting, held on the 21st day of October 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None LINDSAY LARA, City Clerk Attachment A Adopted _______ CANNABIS INDUSTRY TAX OVERSIGHT COMMITTEE BYLAWS ARTICLE I. NAME AND PURPOSE Section 1.1. Name. The name of this body shall be the City of San Rafael Cannabis Industry Tax Oversight Committee, hereinafter referred to as the "Cannabis Industry Tax Oversight Committee," or the “Committee.” Section 1.2. Purpose. The Cannabis Industry Tax Oversight Committee’s purpose is to ensure that all revenues received from the voter approved Cannabis Industry Tax (Measure G) are spent on uses outlined in San Rafael Ordinance 1961. Section 1.3. Committee Responsibility. The Cannabis Industry Tax Oversight Committee’s authority is oversight only. The responsibilities and duties of the Cannabis Industry Tax Oversight Committee shall be limited as follows: 1. The Committee’s sole function shall be to review expenditures of the revenues from the Commercial Cannabis Business Tax adopted by Measure G on June 5, 2018 to ensure the monies have been expended in accordance with the authorized purposes of Measure G; 2. The Committee shall take steps to understand the allowable expenditures of the Commercial Cannabis Business Tax monies in accordance with the authorized purposes of Measure G; 3. The Committee shall take steps to understand municipal revenue collection and distribution from local, state and federal sources; 4. The Committee shall prepare and submit to the City Council and the community an annual public report on the expenditures of the Commercial Cannabis Business Tax revenues for the previous fiscal year (anticipated each December). The Cannabis Industry Tax Oversight Committee shall not: 1. Have any budgetary decision authority, shall not allocate financial resources, and shall not make budget or service recommendations to the City Council. 2. Have authority to direct, nor shall it direct, City staff or officials. Section 1.4. Termination of Committee. The Committee shall automatically disband six (6) months after the enabling ordinance is repealed, ruled invalid or terminates under the provisions of the ordinance. Attachment A Adopted _______ Section 1.5. Brown Act. All meetings of the Cannabis Industry Tax Oversight Committee shall be open and public, and all persons shall be permitted to attend any meeting of the Cannabis Industry Tax Oversight Committee, except as otherwise provided in the Ralph M. Brown Act. (Government Code Sections 54950 et seq.) Meetings will be accessible to all, with accommodations for accessibility issues made upon request. Any person who disrupts the meeting may be asked to leave and be removed. ARTICLE II. MEMBERSHIP Section 2.1. Number of Members. The Cannabis Industry Tax Oversight Committee shall consist of five (5) voting members and the City Council has the authority to appoint alternate members. Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age and reside within the City limits. The Committee may not include any employee or official of the City, or any vendor, contractor or consultant doing business with the City. Section 2.3. Appointment of Committee Members. Voting Committee members and alternate member shall be appointed by the City Council. Appointments shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Section 2.4. Terms of Appointment. Each Committee member shall serve a minimum term of four (4) years but not more than two terms. An effort will be made to ensure that the terms are staggered, and not all of the appointments expire in the same year. Section 2.5. Chair and Vice-Chair. The City Council shall appoint the initial Chair and Vice-Chair. Thereafter, the Committee shall annually elect a Chair and a Vice-Chair, who shall act as Chair only when the chair is absent. Section 2.6. Resignation. All resignations from the Committee shall be submitted in writing to the Staff Liaison. The resigning Committee member should provide as much notice as possible. Section 2.7. Absence and Removal. The City Council may remove any Committee member for any reason, including but not limited to, failure to attend two consecutive regular Committee meetings. Upon a member's removal, his or her seat shall be automatically deemed vacant. Section 2.8. Vacancies. Vacancies, no matter how arising, shall be published on the website for the City of San Rafael and as otherwise determined by the City Clerk. Attachment A Adopted _______ Section 2.9. Compensation. Committee members serve without compensation. Section 2.10. Duties of the Staff Liaison. The Staff Liaison shall provide the Committee with necessary technical and administrative assistance, including: 1. Preparation, provision and posting of public notices as required by the Brown Act and in the same manner as noticing City Council meetings. 2. Provision of a meeting room, including any available City audio/visual equipment. 3. Provision of meeting materials, such as agendas, minutes and supporting reports. 4. Retention of Committee records. 5. Properly staff all Committee meetings. 6. Educate committee members on municipal finance. ARTICLE III. MEETINGS Section 3.1. Time and date of Regular Meeting. Notification of meeting place, date, and time shall be rendered to the public through posting on the City of San Rafael website. Meetings shall be held no more than twice annually. Section 3.2. Special Meetings. Special meetings may be called by the Staff Liaison. Section 3.4. Quorum. A majority of the Committee members shall constitute a quorum for the transaction of any business.