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HomeMy WebLinkAboutRes 2018-93 and Ord 1339 - Declare Results of 2018 Gnrl Muni ElectionSTAFF REPORT CITY OF PALM DESERT CITY CLERK DEPARTMENT MEETING DATE: December 13, 2018 PREPARED BY: Rachelle D. Klassen, City Clerk REQUEST: Declaration of Results of the 2018 Palm Desert General Municipal Election Conducted in the City on Tuesday, November 6, and other such matters as provided by law. Recommendation Waive further reading and adopt: 1) Resolution No. 2018 - 93 , reciting the fact of the General Municipal Election held on Tuesday, November 6, 2018, declaring the result and such other matters as provided by law; 2) Ordinance No. 1339, adding Chapter 3.50 to Title 3 - Revenue Finance - of the Palm Desert Municipal Code, establishing a tax on Cannabis Businesses operating within the City of Palm Desert. Strategic Plan First, this request represents routine conduct of the City's municipal affairs. Secondly, with November 6th approval of Measure "Q" — Ordinance No. 1339, to enact a general tax on cannabis businesses, the additional revenue of up to $5,430,000 annually will support the City in achieving all Strategic Results Areas, particularly the extra services that may be required for oversight of cannabis businesses in the City. Background Analysis At its meetings of June 14 and July 12, respectively, City Council took action to call the 2018 General Municipal Election on November 6, consolidating it with Riverside County and the Statewide General Election being held on the date, for two (2) Members of the City Council each for the full term of four years and to propose Measure "Q" to the voters. Results were certified by the Riverside County Registrar of Voters in accordance with the California Elections Code. Jan C. Harnik and Sabby Jonathan obtained the most votes and were each duly elected to the City Council for a four-year term to November 2022; and Ordinance No. 1339 was passed by a majority of votes. Per § 10262 et seq., once the County Elections Official has certified the results, the local governing body shall meet at its usual place of meeting no later than the next regularly scheduled City Council Meeting following presentation of the canvass of returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. The actions requested at this meeting fall within the prescribed timeframe. Therefore, your affirmative action to adopt the resolution declaring results of December 13, 2018 — Staff Report Declaring Results of the 2018 General Municipal Election Page 2of2 the 2018 General Municipal Election and ratifying Ordinance No. 1339 is respectfully requested. Fiscal Analysis At the writing of this report, City Clerk's Department has not yet received an invoice for Riverside County's consolidation of the City of Palm Desert 2018 General Municipal Election with the Statewide General Election (per Resolution No. 2018-39 adopted June 14). Cost for the 2016 General Municipal Election with five City Council Candidates, including their statements, and one measure was $73,688.25; cost in 2018 is expected to be nearly the same with five City Council Candidates, their statements, and one measure. Funds are allocated in the FY 2018-2019 Budget under Elections (Department Account 1104114), and no additional appropriation is requested at this time. LEGAL REVIEW DEPT. REVIEW FINANCIAL Approved - to • rm or REVIEW Content . Hargre. des Rachelle D. Klasse City Attorney City Clerk net M. Moore Director of Finance CITY MANAGER Lauri Aylaian City Manager ATTACHMENTS: 1. P.D.M.C. Chapter 2.38 — General Municipal Elections. 2. Resolution for adoption - 2018 General Municipal Election Results. 3. Ordinance No. 1339. Chapter 2.38 GENERAL MUNICIPAL ELECTIONS Page 1 of 1 Palm Desert Municipal Code 1 Up 1 Previous j Next ( Main I Collapse I Search I Print 1 No Frames Title 2 ADMINISTRATION AND PERSONNEL Chapter 2.38 GENERAL MUNICIPAL ELECTIONS 2.38.010 Statutory authority for date held. A. In accordance with Section 36503.3 of the California Government Code, the city changes the date of the general municipal election from November of odd -numbered years to be consolidated with the Statewide General Election held in November of even -numbered years. B. The terms of officeholders shall be extended as necessary, but no more than twelve months. (Ord. 896 §§ 1, 2, 1999; Ord. 740 § 1, 1994; Ord. 281 § 1, 1981) 2.38.020 Applicability. The first general municipal election to which this chapter shall apply is the one to be held in the year 1995. (Ord. 740 § 2, 1994; Ord. 281 § 2, 1981) 2.38.030 Declaration of election and selection of mayor. The city council shall meet at the next regularly scheduled meeting following presentation of the twenty- eight -day canvass of the returns of the most recent municipal election and shall declare the results thereof and install newly elected officers, pursuant to Sections 10262 and 10263 of the California Elections Code, and, following such declaration and installation, at the same meeting choose one of its members as mayor and one of its members as mayor pro-tempore, pursuant to Section 36801 of the California Government Code. (Ord. 1095 § 1, 2005) View the mobile version. http://gcode.us/codes/palmdesert/view.php?topic=2-2_38&showAll=1 &frames=on 11/26/2018 RESOLUTION NO. 2018 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2018, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Palm Desert, California on Tuesday, November 6, 2018, as required by law; and WHEREAS, notice of the Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that Election Officers were appointed, and that in all respects, the Election was held and conducted and the votes were cast, received, and canvassed, and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in this charter city; and WHEREAS, pursuant to Resolution No. 2018-39 adopted June 14, 2018, the County Election Department canvassed the returns of the Election and has certified the results to this City Council, and the results are received, attached, and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the whole number of Ballots cast in the precincts except Vote -By -Mail Voter Ballots was That the whole number of Vote -By -Mail Voter Ballots cast in the City was , making a total of cast in the City. SECTION 2.1. That the names of persons voted for at the Election for Member of the City Council are as follows: Sabby Jonathan Kenneth Doran Jan C. Harnik Carlos Pineda Matt Monica RESOLUTION NO. 2018 - SECTION 2.2. That the Measure voted upon at the election is as follows: Measure "Q" To improve general City services, such as police/emergency response, parks, youth/senior services, and street repair, shall the YES City of Palm Desert enact a general tax on cannabis businesses of up to $20 per square foot for cultivation; up to 3% of gross receipts for cannabis manufacturing; and up to 15% of gross receipts for cannabis retail sales and delivery; generating up to $5,430,000 NO annually for unrestricted general revenue purposes, until ended by voters? SECTION 3. That the number of votes given at each precinct and the number of voters given in the City to each of the persons above named for the respective offices for which the persons were candidates, and for and against the Measure were as listed in Exhibit "A" attached. SECTION 4.1 The City Council does declare and determine that Jan C. Harnik was elected as Member of the City Council for the full term of four (4) years; Sabby Jonathan was elected as Member of the City Council for the full term of four (4) years. SECTION 4.2. That as a result of the Election, a majority of the voters voting on Measure "Q" to enact a general tax on cannabis businesses did vote in favor of it, and that the Measure was carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City a statement of the result of the Election, showing: (1) the whole number of votes cast in the City; (2) the names of the persons voted for; (3) the Measure voted upon; (4) the office for which each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each Measure; (6) the total number of votes given to each person, and for and against each Measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 2 RESOLUTION NO. 2018 - PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of December, 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONATHAN, MAYOR 3 RESOLUTION NO. 2018 - EXHIBIT "A" CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS NOVEMBER 6, 2018 (TO BE PROVIDED BY RIVERSIDE COUNTY REGISTRAR OF VOTERS OFFICE.) 4 awij Jaleq una Wd £ti:6E:17 SL/OE/ L mp s1Ou!Oaad peteidwoO 60uue9;o C;ID - d aanseayy ° ssnn m D ann C m 0 sOuloaad pataldwoO 0 9 ❑ W A• N A -. N 0 co V 0 co N co N AV1 Cs) 0) CO .a 0, �J IV 61D -+co NOo e e o e 0) O N coW Wtl) cr.):01 :As 0 3?• Z Om 0 s;awoaad peieidwoa W 0 s;au{aaid pe a dwaj s6uladS;aH >Jesec;o Ali3 - fl Gans taweH Jo 4113 - Z aanseaW statapead plaid 0 A C,n 61[0Co OD 0 W W A R1 V W V e z mp slau!Oaad palaldwa3 N N C71 c31 O ❑ coO — NN -D N N N (A N 9 A s c}1 01 up 0.) V A ro W cc Si � r) 4 p cc Qcc Co s� v e e e 6wuueg;o film elalaanW;o Apo - i aanseaW lewe-;a - A aanseaW W A W N V C!) 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THE PEOPLE OF THE CITY OF PALM DESERT, CALIFORNIA DO HEREBY ORDAIN AS FOLLOWS: SECTION 1. Addition to Palm Desert Municipal Code. Chapter 3.50 is hereby added to Title 3 (Revenue Finance) of the Palm Desert Municipal Code and shall read as follows: Chapter 3.50 CANNABIS BUSINESS TAX. 3.50.010 Definitions. A. "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code. B. "Cannabis business" means any business, organization or facility, regardless of form, whether operating for profit or not for profit, that cultivates, possesses, manufactures, distributes, processes, stores, laboratory tests, packages, labels, delivers, and/or sells cannabis and/or cannabis products. "Cannabis business" does not include personal medical or adult cannabis cultivation authorized by State law or this Code. A cannabis business shall not be considered to be a religious, social, or charitable organization exempt from the payment of business taxes under this Chapter. C. "Cannabis cultivation" means the seeding, planting, watering, warming, cooling, growing, harvesting, drying, curing, grading or trimming of cannabis. A. "Cannabis distribution" means an entity engaged in the business of purchasing cannabis from a cultivator, or cannabis products from a manufacturer, for sale to a dispensary, excluding delivery as part of a retail sale. ORDINANCE NO. 1339 E. "Cannabis manufacturing" means the process of compounding, blending, extracting, infusing, or otherwise making or preparing a cannabis product. F. "Cannabis product" means cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. G. "Cannabis retail" means any cannabis business activity involving the retail sale to customers of cannabis and/or cannabis products, either individually or in any combination; for any purpose. "Cannabis retail" shall include cannabis delivery to a customer as part of a retail sale. H. "City" means the City of Palm Desert. I. "Engaged in a cannabis business" means the commencing, conducting, operating, managing or carrying on of a cannabis business and the exercise of corporate, franchise or other business powers, whether done as owner, or by means of an officer, agent, manager, employee, or other representative, within the City, whether operating from a fixed location within the City or coming into the City from an outside location to engage in cannabis business activities. By way of example, a person shall be deemed "engaged in cannabis business" within the City if such person or the person's officer, agent, manager, employee, or other representative acting on behalf of such person: 1. Maintains a fixed place of cannabis business within the City; 2. Owns, leases, or otherwise has the legal right to occupy real property within the City for cannabis business purposes; 3. Regularly maintains a stock of tangible personal property within the City in the ordinary course of cannabis business; 4. Performs work or renders cannabis business services to other cannabis businesses or to retail cannabis customers located within the City. J. "Gross receipts" means the total amount of monetary consideration actually received or receivable by a cannabis business for providing, at wholesale or retail, cannabis and/or cannabis products, for which a charge is made or credit allowed including, but not limited to: membership dues, the value of monetary and in -kind contributions, payments, reimbursement of fees or cultivation, processing, distribution, delivery, retail, storing, exchanging, processing, delivery, making available, or transmitting of cannabis or cannabis products, any payments made, and anything else of value obtained by a cannabis business. Included in "gross receipts" shall be all receipts, cash, credits, and property of any kind without deduction of the cost of the property sold, the cost of the materials used, labor or service costs, interest paid or payable, or losses or other expenses whatsoever. Gross receipts shall not include the following: 2 ORDINANCE NO. 1339 1. Cash discounts where allowed and taken on sales; 2. Sales or other applicable state or local tax required by law to be added to the purchase price of cannabis or cannabis products and collected from the purchaser; 3. Such part of the sales price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts; or 4. Whenever there are included within gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectable in a subsequent year, those amounts may be excluded from gross receipts in the year they prove to be uncollectable, provided, however, if all or any portion of such amounts excluded as uncollectible are subsequently collected they shall be included in gross receipts for the period when they are recovered. K. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. L. "Space utilized in connection with the cultivation of cannabis" means any space or ground, floor, or other surface area (whether horizontal or vertical) that is used for cannabis germination, seeding, vegetation, pre -flowering, flowering, and harvesting; including without limitation activities such as growing, planting, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing, or drying cannabis, as well as storing any products, supplies or equipment related to any such activities, no matter where such storage may take place or such storage space may be located. M. "State" means the State of California. N. "Tax Administrator" means the City's Director of Finance, or designee. 3.50.020 Purpose of Tax. The purpose of this general tax is to establish a tax on cannabis businesses, the proceeds of which will be used for any unrestricted general revenue purposes which can and may include police protection, fire and paramedic services, street operations and maintenance, library services, parks and recreation services, and other general municipal services to the public. 3.50.030 Imposition of Tax. A. Every person engaged in a cannabis business within the City of Palm Desert, and regardless of whether such business has a permit pursuant to Chapters 3 ORDINANCE NO. 1339 5.101, 25.16, 25.18, 25.34 or any other provision of this Code, shall pay the following cannabis business tax: 1. Up to a maximum of twenty dollars ($20) per square foot of space utilized in connection with the cannabis cultivation businesses, subject to adjustment by the City Council pursuant to Section 3.50.050. 2. Up to a maximum of three (3) cents for each $1.00 of gross receipts, or a fractional part thereof, for cannabis manufacturing businesses, subject to adjustment by the City Council pursuant to Section 3.50.050. 3. Up to a maximum of fifteen (15) cents for each $1.00 of gross receipts, or a fractional part thereof, for cannabis retail businesses, subject to adjustment by the City Council pursuant to Section 3.50.050. B. No cannabis business shall be deemed to be exempt from the payment of the taxes identified above by any other provision of this Code, unless expressly exempted under this Chapter. C. In the event that the City allows a cannabis retailer, cultivator, manufacturer, the business shall pay the cultivation square footage tax, if applicable, in addition, if applicable, to the highest business tax rate for any class that applies to that cannabis business, unless the cannabis business identifies to the City, by reasonable and verifiable standards, the portions of its activities that are tied to cannabis retail and those that are tied to manufacturing, through the cannabis business' books and records kept in the regular course of business, and in accordance with generally accepted accounting principles, and not specifically created and maintained for tax purposes. The cannabis business has the burden of proving the proper apportionment of taxes under this subsection (C). 3.50.040 Payment Obligation. All taxpayers subject to this Chapter must pay the full tax imposed by this Chapter regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by California or Federal law. Failure to pay the tax shall be subject to penalties, interest charges, and assessments as the City Council may establish and the City may use any or all other code enforcement remedies provided in this Code. No provision in this Code can lower the tax rate set forth in this Chapter or otherwise reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies. 3.50.050 City Council Authorization to Adjust Tax Rate and/or Methodology. The City Council may impose the tax authorized by the Chapter at a lower rate and may otherwise repeal or amend this Chapter without a vote of the People. However, as required by California Constitution Article XIIC (Proposition 218), voter approval is 4 ORDINANCE NO. 1339 required for any amendment that would increase the maximum rate or methodology of any tax levied pursuant to this Chapter. The people of the City of Palm Desert affirm that the following actions shall not constitute an increase of the maximum rate or methodology of the tax requiring subsequent voter approval: A. The restoration of the rate of the tax to a rate that is no higher than the maximum set by this voter -approved Chapter, if the City Council has previously acted to reduce the rate of the tax; B. An action that interprets or clarifies the methodology of the tax, or any definition applicable to the tax, so long as interpretation or clarification (even if contrary to some prior interpretation or clarification) is not inconsistent with the language of this Chapter; C. The establishment of a class of person or service that is exempt or excepted from the tax or discontinuation of such exemption or exception; and D. Resuming collection of the tax imposed by this Chapter, even if the City had, for some period of time, either suspended collection of the tax or otherwise failed to collect the tax, in whole or in part. 3.50.060 Payment of Tax Does Not Authorize Illegal Activity. The payment of the tax required pursuant to this Chapter shall not be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this Chapter implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed in strict and full conformance to the provisions of this Code, including without limitation the provisions of Chapters 5.101, 25.16, 25.18, 25.34. 3.50.070 Cannabis Cultivation/Manufacturing Tax Is Not a Sales Tax. The tax provided for under the provisions of this Chapter is not a Sales, Transactions or Use Tax and shall not be calculated or assessed as such. The tax established under this Chapter shall not be separately identified or otherwise specifically assessed or charged to any client of a cannabis business. 3.50.080 Amendments and Administration. A. This Chapter was submitted to the voters for approval. Any amendment to this Chapter to increase the tax above the maximum rate expressly provided in Section 3.50.010 shall not become effective until such amendment is approved by the voters. The voters expressly authorize the City Council to amend, modify, change, or revise any other provision of this Chapter as the City Council deems in the best interest of the City, as set forth in Section 3.50.050. 5 ORDINANCE NO. 1339 B. The Tax Administrator or the Tax Administrator's designee may promulgate rules, regulations and procedures to implement and administer this Chapter to ensure the efficient and timely collection of the tax imposed by this Chapter, including without limitation, formulation and implementation of penalties and interest to be assessed for failure to pay the tax as provided. C. The Tax Administrator or the Tax Administrator's designee may annually audit the taxes imposed by this Chapter to verify that tax revenues have been properly expended in accordance with the law. D. Pursuant to California Constitution Article XIIIB, the appropriation limit for the City is increased to the maximum extent over the maximum period of time allowed under law consistent with the revenues generated by the tax established by this Chapter. 3.50.090 Returns and Remittances. The tax shall be due and payable as follows: A. The tax established by this Chapter shall be collected monthly. Each person owing tax shall prepare and file a tax return to the Tax Administrator setting out the total amount of tax owed for the preceding calendar month during which the tax was effective. The return shall be filed not later than the close of business on the day that is thirty (30) calendar days following the last day of the preceding calendar month. At the time the tax return is filed, the full amount of the tax owed for the preceding calendar month shall be remitted to the Tax Administrator. If the due date falls on Friday, Saturday, Sunday, or a holiday, the due date shall be the next regular business day on which City Hall is open to the public. B. All tax returns shall be completed on forms provided by the Director of Finance. C. The tax due shall be that amount due and payable from January 1, 2019 or the first date on which the cannabis business first operated in the City, whichever date occurred last. Tax returns and payments for all outstanding taxes owed to the City are immediately due to the Tax Administrator upon cessation of business for any reason. D. Whenever any payment, statement, report, request, or other communication received by the Tax Administrator is received after the time prescribed by this Section for the receipt thereof, but is in an envelope bearing a postmark showing that it was mailed on or prior to the date prescribed in this Section for the receipt thereof, or whenever the Tax Administrator is furnished substantial proof that the payment, statement, report, request, or other communication was in fact deposited in the United States mail on or prior to the date prescribed for receipt thereof, the Tax Administrator may regard such payment, statement, report, request, or other communication as having been timely received by the close of business. If the due date falls on Friday, Saturday, Sunday, or a holiday, the due date shall be by the close of the next regular business day on which City Hall is open to the public. 6 ORDINANCE NO. j339 E. Unless otherwise specifically provided under other provisions of this Chapter, the taxes required to be paid pursuant to the Chapter shall be deemed delinquent if not paid on or before the due date specified in Subsection A or D of this Section. F. The Tax Administrator is not required to send a delinquency or other notice or bill to any person subject to the provisions of this Chapter and failure to send such notice or bill shall not affect the validity of any tax or penalty due under the provisions of this Chapter. G. The Tax Administrator may waive the first and second penalties of twenty- five percent (25%) each imposed upon any person if: 1. The person provides evidence satisfactory to the Tax Administrator that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and absence of willful neglect, and the person paid the delinquent tax and accrued interest owed the City prior to applying to the Tax Administrator for a waiver. 2. The waiver provisions specified in this Subsection shall not apply to interest accrued on the delinquent tax and a waiver shall be granted only once during any twenty- four month period. 3.50.100 Failure to Pay Tax. A. Any person who fails or refuses to pay any tax required to be paid pursuant to the Chapter on or before the due date shall pay penalties and interest as follows: 1. A penalty equal to twenty-five percent (25%) of the amount of tax in addition to the amount of the tax, plus interest on the unpaid tax calculated from the due date of the tax at a rate established by resolution of the City Council; and 2. An additional penalty equal to twenty-five percent (25%) of the amount of the tax if the tax remains unpaid for a period exceeding thirty calendar (30) days beyond the due date, plus interest on the unpaid tax and interest on the unpaid penalties calculated at the rate established by resolution of the City Council. B. Whenever a check is submitted in payment of a tax and the check is subsequently returned unpaid by the bank upon which the check is drawn, and the check is not redeemed prior to the due date, the taxpayer will be liable for the tax amount plus any penalties and interest due as provided for in this Section plus any amount allowed under State law. C. The tax due shall be that amount due and payable from January 1, 2019 or the first date on which the cannabis business first operated in the City, whichever date ORDINANCE NO. 1339 occurred last, together with applicable penalties and interest calculated in accordance with Subsection A of this Section. D. The Tax Administrator may waive the first and second penalties of twenty- five percent (25%) each imposed upon any person if: 1. The person provides evidence satisfactory to the Tax Administrator that failure to pay timely was due to circumstances beyond the control of the person and occurred notwithstanding the exercise of ordinary care and absence of willful neglect, and the person paid the delinquent tax and accrued interest owed the City prior to applying to the Tax Administrator for a waiver. 2. The waiver provisions specified in this Subsection shall not apply to interest accrued on the delinquent tax and a waiver shall be granted only once during any twenty- four month period. 3.50.110 Refunds. A. No refund shall be made of any tax collected pursuant to the Chapter, except as provided in this Section. B. No refund of any tax collected pursuant to this Chapter shall be made because of the discontinuation, dissolution, or other termination of a cannabis business. C. Whenever the amount of any tax, penalty, or interest has been overpaid, paid more than once, or has been erroneously or illegally collected or received by the City under this Chapter, such amount may be refunded to the person who paid the tax provided that a written claim for refund if timely filed with the Tax Administrator, pursuant to this Code. The period for filing a claim for refund shall be one (1) year from the time the tax was paid or erroneously or illegally collected; provided however, that in no event shall the period to file such claim expire prior to the shortest period allowable for filing a tax refund claim under Government Code Section 911.2. Such a claim must clearly establish claimant's right to the refund by written records showing entitlement thereto, and must clearly set forth the facts and legal theories under which the claimant believes he or she has a right to a refund. Where the amount of any individual refund claim is in excess of the amount set by ordinance or resolution of the City Council relating to the settlement of general liability claims against the City by the Tax Administrator, City Council approval shall be required. D. The filing of a written claim pursuant to Government Code Section 935 is a prerequisite to any suit thereon. E. The Tax Administrator shall have the right to examine and audit all of the books and business records of the claimant in order to determine the eligibility of the claimant to the claimed refund. No claim for refund shall be allowed if the claimant refuses to allow such examination of claimant's books and business records after request by the Tax Administrator to do so. 8 ORDINANCE NO. 1339 F. Any person entitled to a refund of taxes paid pursuant to this Chapter may elect in writing to have such refund applied as a credit against a cannabis business's taxes for the next calendar month. G. If the Tax Administrator determines that nonpayment of any remittance due under this chapter is due to fraud, a penalty of one hundred percent (100%) of this amount of the tax shall be added thereto in addition to the penalties stated in this section. H. In the event the Tax Administrator or the city has expended funds by the use of auditor or any other individual necessary in the review and collection for such refund, all of such costs and expenses of the city shall be deducted from the amount to be refunded. I. In the event that the tax was erroneously paid and the error is attributable to the City, the amount of tax erroneously paid shall be refunded to the claimant. If the error is attributable to the claimant, the City shall retain the amount set forth in this Chapter to cover expenses from the amount to be refunded. J. The Tax Administrator shall initiate a refund of any tax which has been overpaid or erroneously collected whenever the overpayment or erroneous collection is uncovered by the City audit of tax revenues. 3.50.120 Enforcement. A. It shall be the duty of the Tax Administrator to enforce each and all of the provisions of this Chapter. B. For purposes of administration and enforcement of this Chapter generally, the Tax Administrator, with the concurrence of the City Attorney, may from time to time promulgate administrative rules and regulations. C. The Tax Administrator shall have the power to audit and examine all books and records of cannabis businesses as well as persons engaged in the operation of cannabis businesses, including both state and federal income tax returns, California sales tax returns, or other evidence documenting the gross receipts of or the transaction prices charged by a cannabis business or persons engaged in the operation of a cannabis business, for the purpose of ascertaining the amount of tax, if any, required to be paid by the provisions of this Chapter, and for the purpose of verifying any statements or any item thereof when filed by any person pursuant to the provisions of this Chapter. If such cannabis business or person, after written demand by the Tax Administrator, refuses to make available for audit examination or verification such books, records, or equipment as the Tax Administrator request, the Tax Administrator may, after full consideration of all information within the Tax Administrator's knowledge concerning the cannabis business and its business an activities of the person so refusing, make an assessment in the manner provided in Section 3.50.130. 9 ORDINANCE NO. 1339 D. The conviction and punishment of any person for failure to pay the required tax shall not excuse or exempt such person from any civil action for the tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal prosecution for any violation of the provisions of this Chapter or of any State law requiring the payment of all taxes. E. Any person violating any of the provisions of this Chapter or any regulation or rule passed in accordance herewith, or knowingly or intentionally misrepresenting to any officer or employee of the City any material fact in procuring the certificate or permit from the as provided for in this Chapter or Chapters 5.101, 25.16, 25.18, 25.34 of this Code shall be deemed guilty of a misdemeanor. 3.50.130 Debts; Deficiencies; Assessments and Appeals. A. The amount of any tax, penalties, and interest imposed by the provisions of this Chapter shall be deemed a debt to the City and any person operating a cannabis business without having paid any applicable tax, penalties, and interest shall be liable in an action in the name of the City in any court of competent jurisdiction for the amount of the tax, and penalties and interest imposed on such cannabis business. B. If the Tax Administrator is not satisfied that any statement filed as required under the provisions of this Chapter is correct, or that the amount of tax is correctly computed, the Tax Administrator may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a cannabis business, a deficiency determination may be made at any time within three (3) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, notice shall be given to the person concerned in the same manner as notices of assessment are given under Subsection C, D, and E of this Section. C. Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of tax owed by a person under this Chapter. 1. If the person has not filed any statement or return required under the provisions of this Chapter; 2. If the person has not paid any tax due under the provisions of this Chapter; 3. If the person has not, after demand by the Tax Administrator, filed a corrected statement or return, or furnished to the Tax Administrator adequate 10 ORDINANCE NO. 1119 substantiation of the information contained in a statement or return already filed, or paid any additional amount of tax due under the provisions of this Chapter; 4. If the Tax Administrator determines that the nonpayment of any tax due under this Chapter is due to fraud, a penalty of twenty-five percent (25%) of the amount of the tax shall be added thereto in addition to penalties and interest otherwise stated in this Chapter. 5. The notice of assessment shall separately set forth the amount of any tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this Chapter, and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. D. The notice of assessment shall be served upon the person either by handing it to him or her personally, or by a deposit of the notice in the United States mail, postage prepaid thereon, addressed to the person at the address of the location of the cannabis business appearing on the face of the business license issued under Chapter 5.04 of this Code, or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this Chapter or Chapter 5.04; or, should the person have no business license issued and should the person have no address registered with the Tax Administrator for such purpose then to such person's last known address. For the purposes of this section, a service by mail is complete at the time of deposit in the United States mail. E. Within ten (10) days after the date of service the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the tax assessment by the Tax Administrator shall become final and conclusive. Upon receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before a hearing officer. At such hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. Based upon the submission of such evidence and the review of the City's files, the hearing officer shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within fourteen (14) calendar days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within ninety (90) calendar days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6. If the hearing officer fails or refuses to act on an appeal within the fourteen (14) calendar day period, the appeal shall be deemed to have been denied by the hearing officer on the fifteenth (15) calendar day. 11 ORDINANCE NO. 1339 3.50.140 No Injunction/Writ of Mandate. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this City or against any officer of the City to prevent or enjoin the collection under this Chapter of any tax or any amount of tax required to be collected and/or remitted. 3.50.150 Future Amendment to Cited Statute. Unless specifically provided otherwise, any reference to a state or federal statute in this Chapter shall mean such statute as it may be amended from time to time; provided, that such reference to a statute herein shall not include any subsequent amendment thereto, or to any subsequent change of interpretation thereto by a state or federal agency or court of law, to the extent that such amendment or change of interpretation would require voter approval under California law, or to the extent that such change would result in a tax decrease. Only to the extent voter statute (or interpretation) shall remain applicable. For any application or situation that would not require voter approval or would not result in a decrease of a tax, provisions of the amended statute (or new interpretation) shall be applicable to the maximum possible extent. To the extent that the City's authorization to collect or impose any tax imposed under this Chapter is expanded or limited as a result of changes in state or federal law, no amendment or modification of this Chapter shall be required to conform the tax to those changes, and the tax shall be imposed and collected to the full extent of the authorization up to the full amount of the tax imposed under this Chapter. SECTION 2. Effective Date. Pursuant to the California Constitution Article XIIIC(2)(b) and California Elections Code 9217, if a majority of the qualified voters voting in the election on Measure " " vote in favor of the adoption of such measure, this ordinance shall be deemed valid and binding and shall be considered as adopted upon the date that the vote is declared by the City Council, and shall go into effect ten (10) days after that date. SECTION 3. Severabilitv. If any section, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The People of the City of Palm Desert hereby declare that they would have adopted this ordinance and each section, sentence, clauses, or phrases be declared invalid or unconstitutional. SECTION 4. Certification/Summarv. Following the City Clerk's certification that the citizens of Palm Desert have approved this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book or original ordinance of said City; and shall cause the same, or a summary thereof, to be published as required by law. 12 ORDINANCE NO. 1339 PASSED, APPROVED, and ADOPTED by the People of the City of Palm Desert, California this 6th day of November, 2018. SABBY JONATHAN, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK APPROVED AS TO FORM: ROBERT W. HARGREAVES, CITY ATTORNEY 13 RESOLUTION NO. 2018 - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 6, 2018, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Palm Desert, California on Tuesday, November 6, 2018, as required by law; and WHEREAS, notice of the Election was given in time, form, and manner as provided by law; that voting precincts were properly established; that Election Officers were appointed, and that in all respects, the Election was held and conducted and the votes were cast, received, and canvassed, and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in this charter city; and WHEREAS, pursuant to Resolution No. 2018-39 adopted June 14, 2018, the County Election Department canvassed the returns of the Election and has certified the results to this City Council, and the results are received, attached, and made a part hereof as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the whole number of Ballots cast in the precincts except Vote -By -Mail Voter Ballots was 4,757. That the whole number of Vote -By -Mail Voter Ballots cast in the City was 15,533, making a total of 20,290 Ballots cast in the City. SECTION 2.1. That the names of persons voted for at the Election for Member of the City Council are as follows: Sabby Jonathan Kenneth Doran Jan C. Harnik Carlos Pineda Matt Monica RESOLUTION NO. 2018 - 93 SECTION 2.2. That the Measure voted upon at the election is as follows: Measure "Q" To improve general City services, such as police/emergency response, parks, youth/senior services, and street repair, shall the YES City of Palm Desert enact a general tax on cannabis businesses of up to $20 per square foot for cultivation; up to 3% of gross receipts for cannabis manufacturing; and up to 15% of gross receipts for cannabis retail sales and delivery; generating up to $5,430,000 NO annually for unrestricted general revenue purposes, until ended by voters? SECTION 3. That the number of votes given at each precinct and the number of voters given in the City to each of the persons above named for the respective offices for which the persons were candidates, and for and against the Measure were as listed in Exhibit "A" attached. SECTION 4.1 The City Council does declare and determine that Jan C. Harnik was elected as Member of the City Council for the full term of four (4) years; Sabby Jonathan was elected as Member of the City Council for the full term of four (4) years. SECTION 4.2. That as a result of the Election, a majority of the voters voting on Measure "Q" to enact a general tax on cannabis businesses did vote in favor of it, and that the Measure was carried and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City a statement of the result of the Election, showing: (1) the whole number of votes cast in the City; (2) the names of the persons voted for; (3) the Measure voted upon; (4) the office for which each person was voted for; (5) the number of votes given at each precinct to each person, and for and against each Measure; (6) the total number of votes given to each person, and for and against each Measure. SECTION 6. That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 2 RESOLUTION NO. 2018 - 93 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 13th day of December. 2018, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA SABBY JONATHAN, MAYOR 3 RESOLUTION NO. 2018 - 93 EXHIBIT "A" CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS NOVEMBER 6, 2018 RESOLUTION NO. 2018 — 93 EXHIBIT A REBECCA SPENCER Registrar of Voters REGISTRAR OF VOTERS COUNTY OF RIVERSIDE ART TINOCO Assistant Registrar of Voters CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California County of Riverside } ) ss. } I, REBECCA SPENCER, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 6, 2018, as part of the Consolidated General Election in the CITY OF PALM DESERT and I further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office and for and against each measure at said election, in said City, and in each precinct therein, and that the totals as shown for said election are full, true, and correct. Dated this 6th day of December 2018. REBECCA SPENCER Registrar of Voters 21A/?' eticia Flores Elections Coordinator 2724 Gateway Drive I Riverside, CA 92507-0918 (951) 486-7200 1 TTY (951) 697-8966 I FAX (951) 486-7272 www.voteinfo.net 5 RIVERSIDE COUNTY Statement of Vote CONSOLIDATED GENERAL ELECTION 1207 of 1695 12/07/18 4:59 AM November 6,2018 100121 0 NO PARTY PREP CITY COUNCIL MEMBBrc, c,((r sir r,.Llvt SASSY JONATHAN KENNETH ❑ORAN JAN C. HARNIK CARLOS PINEDA MATT MONICA 44000 PALM DESERT 44000 - Vole by Mail Reporting 44004 PALM DESERT 44004 - Vote by Mail Reporting 44005 PALM DESERT 44005 -Vote by Mail Reporting 44015 PALM DESERT 44015 - Vole by Mail Reporting 44019 PALM DESERT 44019 - Vole by Mad Reporting 44021 PALM DESERT 44021 - Vote by Mail Reporting 44026 PALM DESERT 44026 -Vote by Mail Reporting 44029 PALM DESERT 44029 - Vote by Mail Reporting 44030 PALM DESERT 44030 - Vote by Mail Reporting 44031 PALM DESERT 44031 - Vole by Mail Reporting 44039 PALM DESERT 44039 • Vote by Mail Reporting 44041 PALM DESERT 44041 -Vote by Mail Reporting 44043 PALM DESERT 44043 - Vole by Mail Reporting 44046 PALM DESERT 44046 - Vole by Mail Reporting 44047 PALM DESERT 44047 - Vote by Mail Reporting 44048 PALM DESERT 44048 -Vote by Mail Reporting Precinct Totals Vote by Mail Reporting Totals Grand Totals Riverside County 36th Congressional District 28th Senatorial Dislnct 42nd Assembly District St ®d of Equalization 41h Dist 4 Supervisorial District City of Palm Desert 0 2243 2243 2026 2025 2705 2705 2454 2454 3096 3066 3099 3099 1610 7610 2070 2070 2117 2117 2354 2354 1778 1778 1695 1695 0 0 57 57 27274 27274 27274 27274 27274 27274 27274 27274 27274 27274 0 0 284 1552 328 1115 419 1493 446 1427 455 1895 624 1623 307 714 422 920 330 1374 506 1239 0 0 350 1041 294 1109 0 0 1 31 4757 15533 20290 20290 20290 20290 20290 20290 20290 20290 0 00 0 00 1266 69.19 16.19 55.03 15.45 55.19 18.26 58 15 14.84 61 81 20.14 52.37 19.07 44.35 20.39 44.44 15.59 64.90 21.50 52 63 000 0.00 19.69 58.55 16.76 65 43 000 0.00 1.75 54 39 77.44 5695 74.39 74.39 74.39 74 39 74 39 74.39 74.39 74.39 0 0 139 859 120 574 157 782 204 850 194 1054 225 809 122 360 165 463 178 807 234 710 195 688 147 656 0 17 2085 8629 10714 10714 10714 10714 10714 10714 10714 10714 0 0 30 144 34 112 37 154 51 137 47 188 82 192 23 76 39 78 25 128 42 129 3 8 2 11 0 0 0 151 947 145 638 153 794 230 874 225 1188 30. 90 12 37 18 48 17 84 26 69 197 627 163 703 0 0 2 471 1540 2011 2011 2011 2011 2011 2011 2011 2011 23 2319 9094 11413 11413 11413 11413 11413 11413 11413 11413 0 0 20 192 36 126 56 197 41 113 45 138 86 214 74 120 79 137 31 128 69 180 32 123 27 116 0 0 0 0 48 258 71 192 79 323 71 221 60 287 135 326 64 141 83 211 63 252 77 244 0 0 54 150 39 179 0 0 Insufficient Turnout to Protect Voter Privacy 0 4 596 1784 2380 2380 2380 2380 2390 2380 2380 2380 844 2798 3642 3642 3642 3642 3642 3842 3642 36442 RESOLUTION NO. 2018 — 93 6 EXHIBIT A 12/07/18 5:00 AM November 6,2018 140172 RIVERSIDE COUNTY Statement of Vote CONSOLIDATED GENERAL ELECTION NO PARTY PREFERENCE MEASURE Q - CITY OF PALM DESERT = 7,o re e •a L7 N O 0 CC 03 ▪ t- `l Z 44000 PALM DESERT 0 0 0.00 0 0 44000 - Vote by Mail Reporting 0 0 0.00 0 0 44004 PALM DESERT 2243 284 12.66 167 69 44004 - Vote by Mail Reporting 2243 1552 69.19 1025 348 44005 PALM DESERT 2026 328 16 19 213 65 44005 - Vote by Mail Reporting 2026 1115 55 03 825 205 44015 PALM DESERT 2705 418 15.45 291 80 44015 - Vote by Mail Reporting 2705 1493 55.19 1062 295 44019 PALM DESERT 2454 448 18.26 284 100 44019 - Vote by Mail Reporting 2454 1427 58.15 1017 267 44021 PALM DESERT 3066 455 14.84 271 113 44021 - Vote by Mail Reporting 3066 1895 51.61 1335 363 44026 PALM DESERT 3099 624 20.14 392 153 44026 - Vote by Mail Reporting 3099 1623 52.37 1096 374 44029 PALM DESERT 1610 307 19.07 201 73 44029 - Vote by Mail Reporting 1610 714 44.35 497 142 44030 PALM DESERT 2070 422 2039 281 123 44030 • Vote by Mail Reporting 2070 920 44.44 542 194 44031 PALM DESERT 2117 330 15.59 224 69 44031 -Vote by Mail Reporting 2117 1374 64.90 985 234 44039 PALM DESERT 2354 506 21.50 315 122 44039 - Vole by Mail Reporting 2354 1239 52.63 859 278 44041 PALM DESERT 0 0 0.00 0 0 44041 - Vole by Mail Reporting 0 0 0.00 0 0 44043 PALM DESERT 1778 350 19.69 207 99 44043 - Vote by Mail Reporting 1778 1041 58.55 742 200 44046 PALM DESERT 1695 284 15.76 178 77 44046 - Vote by Mail Reporting 1695 1109 65.43 812 207 44047 PALM DESERT 0 0 0.00 0 0 44047 • Vote by Mail Reporting 0 0 0.00 0 0 44048 PALM DESERT 57 1 1.75 ""''' Insu ficient Turnout 10 Prated Foter Priv .cy 44048 - Vote by Mail Reporting 57 31 54 39 17 10 Precinct Totals 27274 4757 17.44 3004 1144 Vote by Mail Reporting Totals 27274 15533 56.95 10914 3117 Grand Totals 27274 20290 74.39 13918 4261 Riverside County 27274 20290 74.39 13918 4261 36th Congressional District 27274 20290 74.39 13918 4261 28th Senatonal Dislnct 27274 20290 74.39 13918 4261 42nd Assembly District 27274 20290 74 39 13918 4261 St 8d of Equalization 4th Dist 27274 20290 74.39 13918 4261 4 Supervisarlal District 27274 20290 74.39 13918 4261 City of Palm Desert 27274 20290 74.39 13918 4261 1671 of 1695 RESOLUTION NO. 2018 - 93 7 EXHIBIT A RESOLUTION NO. 2018 - 93 [THIS PAGE LEFT INTENTIONALLY BLANK.]