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HomeMy WebLinkAbout10 - CC-8 - PSA with Hinderliter, De Llamas & Associ - 8/3/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: AUGUST 3, 2021 ITEM NUMBER: CC-8 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH HINDERLITER, DE LLAMAS & ASSOCIATES COMPANIES FOR AN ANNUAL AUDIT OF CANNABIS TAX PROCEEDS PURSUANT TO ORDINANCE 2021-09 AND AMENDMENT NO. FOUR TO AN EXISTING PROFESSIONAL SERVICES AGREEMENT WITH HDL COMPANIES TO IMPLEMENT THE CITY OF COSTA MESA RETAIL CANNABIS TAX AND REGULATION MEASURE (MEASURE Q) DATE: JULY 28, 2021 FROM: ECONOMIC AND DEVELOPMENT SERVICES DEPARTMENT/ PLANNING DIVISION PRESENTATION BY: NANCY HUYNH, SENIOR PLANNER FOR FURTHER INFORMATION CONTACT: NANCY HUYNH, (714)-754-5609 nancy.huynh@costamesaca.gov RECOMMENDATION: Staff recommends the City Council: 1. Authorize the City Manager and City Clerk to execute a Professional Services Agreement (PSA) with Hinderliter, De Llamas & Associates (HdL) for as needed annual auditing and compliance review services pursuant to Ordinance No. 2021-09 Title 9, Chapter I, Article 5, Section 9-29.5(f), subject to an annual increase not-to- exceed three-percent based on the Los Angeles-Long Beach-Anaheim region Consumer Price Index; 2. Authorize the City Manager and City Clerk to execute Amendment No. 4 to the existing PSA with HdL for as needed cannabis permitting, compliance, and consulting services for cannabis business permit application review, compliance site inspections, and additional consulting services related to implementation and administration of the cannabis program; and 3. Authorize the City Manager to execute future amendments to the existing PSA with HdL including any potential increase in compensation as long as the amendment is within the annual budget. 2 ANALYSIS: The City began contracting with HdL Companies on October 6, 2016 to implement the cannabis permitting program pursuant to Measure X, which allows for non-retail cannabis uses (excluding cultivation) in the City’s “Green Zone” subject to City regulations and permits. During the November 2020 election, the voters approved Measure Q, allowing for retail and non-storefront cannabis uses. On June 1, 2021, the City Council approved establishing fees and service charges related to cannabis business permits and conditional use permits. Subsequently on June 15, 2021, the City Council adopted Ordinance No. 2021-08 and Ordinance No. 2021-09 providing the administrative framework to implement Measure Q. The Ordinances established regulations, a seven-percent retail tax rate, and a permitting process for retail cannabis businesses similar to the process for Measure X uses. New PSA for Annual Audits for Cannabis Businesses Pursuant to Ordinance 2021-09, proceeds of the retail cannabis tax are subject to an annual audit as scheduled by the City Manager or Director of Finance. HdL currently audits the City’s sales tax and has the expertise required to perform auditing services for retail cannabis businesses in the States of California, Colorado, and Nevada. A proposal provided by HdL identified the cost for a financial audit for each retail cannabis business at $6,150 and compliance review for each at $1,275. In anticipation of incoming retail cannabis businesses, a professional services agreement for as needed annual auditing services to ensure compliance with the approved ordinance. Amendment No. 4 to existing PSA with HdL for Cannabis Permitting, Compliance, and Consulting Services The Development Services Department maintains an existing contract with HdL to assist staff in the review and processing of Measure X applications. The existing contract is for an annual not-to-exceed amount of $49,999. Due to the overlap in Measure X and Measure Q processing requirements, it is most efficient to utilize HdL for cannabis permitting and compliance services for Measure Q applications as well given their level of expertise and familiarity with the City’s cannabis program. A proposal provided by HdL identified the cost for review of a cannabis business permit application at $3,500 per application and for site inspections at $1,600 per inspection. In addition, the proposal identifies hourly rates for general consulting services, including a provision of technical assistance and subject matter expertise. Since the number of cannabis business permit applications processed each year under Measure Q will vary, staff proposes to execute a PSA for as needed review of the applications, site inspections, and consulting services to efficiently administer cannabis retail permitting under the requirements of the approved ordinance. In addition, Amendment No. 4 would remove the annual not-to-exceed contract amount since there is not a fixed cost and would vary based on the as needed application review and consulting services. Staff also proposes that the City Manager be authorized to execute future amendments to the existing PSA, including 3 any potential increase in compensation as long as the amendment is within the department’s budget allocated for cannabis consulting services. ALTERNATIVES CONSIDERED: City Council may approve staff’s recommendation to authorize the City Manager and City Clerk to execute PSA for Annual Audits for Cannabis Businesses and/or Amendment No.4 to the existing PSA with HdL for Cannabis Permitting and Compliance Services. Council may also not approve the recommended actions and direct staff accordingly. However, staff does not recommend these alternatives due to the potential delay of processing permits and/or inspections of Measure Q cannabis businesses. FISCAL REVIEW: Based on a projected number of fifteen approved retail cannabis businesses, it is estimated that the City may incur a cost of $92,250 for the annual audit required by Ordinance 21-09 in FY 21/22. Sufficient funds to cover the cost of the proposed PSA are included in the annual budget. Recently approved fees for processing cannabis operations will offset these costs for a net neutral fiscal impact. LEGAL REVIEW: The attached PSA’s were prepared by the City Attorney’s Office and the staff report has been reviewed and approved as to form. CITY COUNCIL GOALS & PRIORITIES: Achieve long-term fiscal sustainability. CONCLUSION: Staff recommends the City Council: 1. Authorize the City Manager and City Clerk to execute a Professional Services Agreement (PSA) with Hinderliter, De Llamas & Associates (HdL) for as needed annual auditing and compliance review services pursuant to Ordinance No. 2021-09 Title 9, Chapter I, Article 5, Section 9-29.5(f), subject to an annual increase not-to- exceed three-percent based on the Los Angeles-Long Beach-Anaheim region Consumer Price Index; 2. Authorize the City Manager and City Clerk to execute Amendment No. 4 to the existing PSA with HdL for as needed cannabis permitting, compliance, and consulting services, for cannabis business permit application review, compliance site inspections, and additional consulting services related to implementation and administration of the cannabis program; and 4 3. Authorize the City Manager to execute future amendments to the existing PSA with HdL including any potential increase in compensation as long as the amendment is within the annual budget. NANCY HUYNH JENNIFER LE Senior Planner Director of Economic and Development Services ________________________________ _________________________________ CAROL MOLINA KIMBERLY HALL BARLOW Finance Director City Attorney Attachments: 1. Amendment No. 4 to the Professional Services Agreement with HdL for cannabis permitting and compliance services 2. Professional Services Agreement with HdL for annual auditing services