HomeMy WebLinkAbout13 - NB-2 - Approve the Proposed Staffing Plan for - 3/2/20211
CITY COUNCIL AGENDA REPORT
MEETING DATE: March 2, 2021 ITEM NUMBER: NB-2
SUBJECT: APPROVE THE PROPOSED STAFFING PLAN FOR THE IMPLEMENTATION OF
THE RETAIL CANNABIS TAX AND REGULATION MEASURE (MEASURE Q ) AND
AMEND THE TABLE OF ORGANIZATION AND FY 2020/21 ADOPTED BUDGET
DATE: February 24, 2021
FROM: FINANCE DEPARTMENT
PRESENTATION BY: CAROL MOLINA, FINANCE DIRECTOR
FOR FURTHER INFORMATION CONTACT: Carol Molina, Finance Director, (714) 754-5243
RECOMMENDATION:
Staff recommends that the City Council approve the requested staffing increase and
appropriate funding for the last quarter of the fiscal year estimated at $0.3 million for the
successful implementation of the Retail Cannabis Tax and Regulation Measure (Measure Q)
allowing for cannabis retail storefront (dispensaries) and retail non-storefront (delivery) uses
in specified areas of the City subject to limitations.
BACKGROUND:
Measure X
On November 8, 2016, concurrent with the passage of State Proposition 64, voters
approved the “City of Costa Mesa Medical Marijuana Measure”, also known as “Measure X.”
Measure X, as subsequently amended allows the following medical and recreational
cannabis-related uses in the City: distributors, manufacturers, processors, research and
development laboratories, as well as testing laboratories and transporters, subject to the
approval of a Marijuana Business Permit and a Conditional Use Permit (CUP). These uses
may only be located in specific Industrial Park (MP) and Planned Development Industrial
(PDI) zoned properties north of South Coast Drive, west of Harbor Boulevard, excluding the
South Coast Collection (SOCO) property located at 3303 Hyland Avenue. This area is now
known as the “Green Zone.” To date, the City has approved 25 CUPs for manufacturing
and distribution uses; of that, nine businesses have received a state license and are
currently in operation.
Measure Q
At the May 19, 2020 regular City Council meeting, the City Council directed staff to hire a
professional consultant to conduct a community survey to help assess community interest
and potential support for allowing cannabis retail and delivery uses in the City.
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An independent third-party polling firm, Fairbank, Maslin, Maullin, Metz & Associates (FM3),
was retained to assist with the effort and conducted the surveys. The community surveys
were conducted via phone calls and online from June 29, 2020 to July 2, 2020 and July 6,
2020 to July 8, 2020; a total of 427 responses were received.
In addition to community surveys, outreach with the local cannabis industry (made up of
manufacturers, distributors, and dispensary owners) was also conducted by the City
Council’s Cannabis Ad Hoc Committee and City staff. The Committee held three outreach
meetings via Zoom to obtain feedback from the local cannabis industry on the potential
ballot Measure and to obtain information regarding industry best practices related to retail
cannabis in other cities.
The community polling revealed that over 60 percent of those polled were supportive of a
regulated means for the provision of retail cannabis and delivery services. Accordingly, staff
drafted Measure Q to allow the City to adopt an ordinance to regulate and tax such uses.
On the July 21, 2020 regular City Council meeting, the City Council approved a Resolution
to place Measure Q on the ballot for the November 3, 2020 election. The uncodified
ordinance provide the City Council the authority to adopt an ordinance at a later time and
allow the most time to identify best practices, and information regarding the advantages and
disadvantages of retail operations in other cities, as well as ensuring compliance with State
law and regulations from the State Bureau of Cannabis Control.
On November 3, 2020, city voters approved the “City of Costa Mesa Retail Cannabis Tax
and Regulation Measure” (Measure Q). The passage of Measure Q does not allow the
retail sale of cannabis products, rather it allows the Costa Mesa City Council to adopt
regulations permitting cannabis retail and delivery uses within the City subject to specific
requirements. These requirements include:
retail store-front uses may only be permitted in the commercial zone;
retail non-storefront uses may be permitted in both the commercial zone and in the
Green Zone;
retail storefront uses must be located a minimum of 1,000 feet as determined by the
City from
child daycare locations,
K-12 schools,
playgrounds, and
homeless shelters;
security measures must include exterior lighting, video monitoring and security guards;
a labor peace agreement would be required for retail cannabis businesses with two or
more employees;
the gross receipts tax imposed must be a minimum of four-percent and a maximum of
seven-percent; and
the proceeds of the tax are subject to an annual audit by certified public accountants
that is reported to the City Council and available on the City’s website for public
inspection.
Based on discussions with HdL and analyzing retail cannabis tax collections, staff estimates
that the City of Costa Mesa can generate up to $3 million annually based on a seven-
percent tax rate and six retail establishments. Additional revenues can be achieved if the
total number of establishments are higher than the six establishments assumption utilized
for the measure.
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ANALYSIS:
Similar to Measure X, Measure Q requires businesses to obtain a Retail Cannabis Business
Permit, a Conditional Use Permit, and a Business License before they may conduct
business in the City. In addition, Measure Q sets forth operational requirements for these
businesses, and requires the City Manager to develop Administrative Regulations to
establish the procedures by which this measure shall be implemented and enforced. The
City has retained the services of HdL Consulting to assist in developing permitting
requirements. HdL has significant experience implementing marijuana business regulations
in Colorado and other communities that have allowed marijuana businesses within their
jurisdictions. Additionally, HdL will also be assisting the City in reviewing applications for
retail cannabis businesses. City staff will be working closely with HdL Consulting in drafting
the ordinance, review application processes, site plan review, and auditing tax receipts of
cannabis businesses.
For the implementation of the first cannabis measure, Measure X, no additional City staff
were hired or brought on by the City to assist with the initial implementation or ongoing
monitoring of applications, issuance of permits, issuance of business licenses, inspections
of facilities and tenant improvement, and the review of security measures, to name a few.
While the City was able to bring on numerous businesses without additional staffing, this will
not be feasible with the additional retail cannabis businesses in the City given existing
workloads.
In an effort to help ensure a more effective implementation of the Measure Q program, staff
recommends to increase the Citywide Table of Organization consistent with neighboring
cities with similar cannabis retail and delivery programs (Attachment 1). This is in response
to concerns related to potential delays in permitting due to the lack of staffing resources
generally Citywide and in an effort to facilitate revenue attainment.
Proposed Staffing Plan
As a result, staff analyzed the personnel increases implemented in other cities with retail
cannabis businesses to understand the potential workload impacts. Both neighboring cities,
Santa Ana and Long Beach, have similar retail tax implementations, and have between 24
and 30 retail cannabis storefronts within their city limits. City staff continues discussions with
cities that have established adult retail tax that may result in further enhancements. Staff
anticipates additional operating expenditures that will be included in the FY 2021/2022
proposed budget discussions.
However, at this time, based on the staffing enhancements of the cities of Santa Ana and
Long Beach, of 8.50 and 10.50 (Attachment 1), and the experience of their staffing impacts
due to the administration of their retail cannabis program, staff is respectfully requesting
additional staffing. A total of 7.25 full time staff positions have been identified in this initial
overview as being necessary to address the myriad workload requirements resulting from
the implementation of Measure Q and the ongoing impacts of this new line of business in
the City of Costa Mesa. Further, based on the number of retail cannabis storefronts, these
positions is estimated to be able accommodate the ongoing administration and enforcement
of up to 25 new cannabis storefront businesses.
The positions identified will assist the Development Services (3.0 FTEs), Finance (1.0
FTEs), Police (2.0 FTEs), and Fire (1.25 FTEs) Departments with the resources necessary
for the ongoing management of the Measure Q program (Attachment 2). These positions
will perform various functions including: process permit and business license applications,
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perform inspections, ensure tenant improvements are compliant with requirements, review
onsite safety plans and measures, and provide enforcement against illegal cannabis
dispensaries in Costa Mesa posing as legitimately licensed businesses.
This staffing plan was reviewed by the City Council’s Ad Hoc Committee on Cannabis and is
being brought forward to the City Council for education and discussion purposes. Given the
ability to generate considerable revenue from Measure Q, it is imperative that there are
sufficient staff available to conduct as smooth a transition into this new line of business for
the City as possible. Further, these positions would also assist in the enforcement of illegal
dispensaries that are operating within the City as a result of both Measure X and Measure
Q. Staff have identified various enforcement tools, including citations by Code Enforcement,
Police or Fire personnel that can be imposed on property tax, litigation or other means to
actively enforce legal cannabis dispensaries.
Staff continues to actively engage with cities that currently have retail cannabis programs to
prepare for the cannabis measure. This initial phase will allow for the additional staffing to
go through the onboarding of these positions in time for the opening of the program. The
next steps coming to the City Council will include the tax ordinance, fees resolutions and the
additional resources needed to implement, manage and enforce this new program.
ENVIRONMENTAL DETERMINATION
Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California
Public Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000
et seq.) the Measure Q is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)
(3), because it can be seen with certainty that there is no possibility that these actions may
have a significant effect on the environment.
ALTERNATIVES CONSIDERED:
The City Council may opt to reject all or part of the additional 7.25 staffing positions. This
would create additional workload burden on staff and would result in significant delays of
the implementation, administration and enforcement of the Measure Q program.
FISCAL REVIEW:
Measure Q is estimated to generate in excess of $3 million annually at the 7 percent tax rate.
Further, staff is currently working with Clear Source Financial Consulting to bring forth fees
that will offset the staffing costs related to this request. The revenues anticipated are still
under review and will depend on the number of dispensaries permitted in the City. The
additional 7.25 full time positions requested are estimated to cost $1.2 million fully loaded
annually. Finally, an appropriation increase in FY 2020/21 of approximately $0.3 million,
which represents the pro-rated estimated amount is also requested.
LEGAL REVIEW:
The City Attorney has reviewed and approved this form.
CITY COUNCIL GOALS AND PRIORITIES:
This item supports the following multiple City Council goals: 1) r ecruit and retain high quality
staff, 2) achieve long-term fiscal sustainability, and 3) strengthen public safety and keep the
community safe.
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CONCLUSION:
Staff recommends that the City Council approve the additional 7.25 full time positions with the
commensurate appropriation for the administration, enforcement and implementation of the
Measure Q program. This initial expenditure request will allow staff to begin the lengthy
process of hiring these new staff positions. Further, staff is in the process of working with
other cities that have retail cannabis programs to identify additional resources. Additional
requests will be included in the FY 2021/2022 proposed budget. Finally, the City is actively
working with a consultant to bring forth City fees to the Council in conjunction with the retail
tax ordinance that will also offset the fiscal impacts of the staffing and operating requests.
CAROL MOLINA LORI ANN FARRELL HARRISON
Finance Director City Manager
ATTACHMENTS:
Attachment 1: Proposed Measure Q Staffing Plan Comparison with Other Cities
Attachment 2: Proposed Measure Q Staffing Plan
Attachment 1
Proposed Measure Q Staffing Plan Comparison with Other Cities
Costa Mesa Santa Ana Long Beach
City Attorney
Assistant City Attorney 1.50 1.00
City Prosecutor 0.50
City Manager
Assistant to the City Manager 1.00
Program Specialist 0.50
Development Services
Assistant Planner 1.00
Code Enforcement Officer 2.00 2.00 0.50
Finance
Admin Analyst (Business License)1.00
Business Tax Collector 1.00
License Inspector (Business License)1.00
Permit Processing Specialist 1.00
Fire
Fire Protection Specialist 1.00
Fire Inspector 1.00
Office Specialist II 0.25
Plan Check Inspector 1.00
Health
Health Inspector 1.00
Police
Police Officer 2.00 5.00
Police Sergeant 1.00
Total 7.25 10.50 8.50
Dept.Position Title
Full Time Equivalent (FTE)
Attachment 2
Proposed Measure Q Staffing Plan
Development Services
2.00 Code Enforcement Officer 265,612 Responsible for proactively identifying cannabis businesses' facilities that
have not obtained the proper building permits and responding to requests
for service, including site visits; coordination with other City departments
and property owners; issuance of citations; and court appearance and
materials and supplies.
1.00 Assistant Planner 129,598 Perform review of cannabis businesses' facilities building permits and
responding to requests for plan review; and coordination with other City
departments and property owners.
Finance
1.00 Permit Processing Specialist 107,183 Processes new and renewed business licenses, tracks businesses,
process license revocations, and manage general administrative duties,
participate in the unlicensed enforcement approach and receive and
account for taxes paid by cannabis businesses.
Fire
1.00 Fire Protection Specialist 135,334 Perform inspections, issue citations, and red tag facilities when appropriate,
review, inspect and certify legal cannabis facilities to ensure that
businesses will open safely and in timely manner, and develop policies.
1.00 Office Specialist II 107,522 Perform scheduling inspections, and processing citations.
(0.75)Office Specialist II (58,881)Convert an existing part time Office Specialist II to a full time position.
Police
2.00 Police Officer 498,203 To address quality of life issues, calls for service, regulation, and potential
criminal investigations resulting from cannabis dispensaries. Resources will
be added to patrol services and community policing efforts, as necessary
Total 7.25 1,184,572
Dept.Position Title Est Cost Retail Cannabis Administration and ProcessesFTE