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HomeMy WebLinkAboutRes 2017-80 - Establish Cannabis Compliance Fund RESOLUTION NO. 2017-80 STAFF REPORT CITY OF PALM DESERT FINANCE DEPARTMENT MEETING DATE: December 14, 2017 REQUEST: Approve Resolution No. 2017- 80 establishing the Cannabis Compliance Fund and committing the monies within the fund for the purpose of compliance and administrative expenditures for any activities related to the regulation of cannabis production, distribution, and sales. Recommendation By Minute Motion, that the City Council approve Resolution No. 2017- 80 establishing the Cannabis Compliance Fund and committing the monies in the fund for the purpose of compliance and administrative expenditures for any activities related to the regulation of production, distribution and sales. Strategic Plan Not applicable. Background Analysis In February 2009, the Governmental Accounting Standards Board (GASB) issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. Implementation of Statement No. 54 for the City of Palm Desert began on June 30, 2011. Statement No. 54 redefines the categories and terminology used to describe the components that make up a fund balance. The new categories and terminology reflect an approach that focuses not on financial resources available for appropriation within a fund, but on the extent to which the City is bound to honor restrictions on the specific purposes for which amounts in the fund can be spent. In complying with GASB No. 54 and its requirements, staff recommends that a new fund be established to accept cannabis related revenue including fees and taxes and commit the monies in the fund for the purpose of assisting to offset compliance and administrative expenditures for cannabis-related activities. Such activities might include costs for public safety, additional enforcement activities, specialized equipment, training for staff and/or public safety personnel, and support/consulting services (i.e. compliance, audits, specialized legal services, implementation processes, application reviews, research, cost projections, software, analysis, and impact evaluations). Staff Report Approval of Resolution No. 2017- 80 , Establishing Cannabis Compliance Fund December 14, 2017 Page 2 of 2 Fiscal Impact It is unknown at this time whether the monies in the fund will cover all expenditures for cannabis-related activities. Staff will continue to monitor the fund and make any necessary recommendations as they are identified. Approval of this recommendation will allow the City to commit the funds received for the purpose stated above. Prepare b : Jose is Espinoza, Assistant Finance Director JLE:nmo LEGAL REVIEW i EPT. REVIEW FINANCIAL REVIEW I CITY MANAGER NIA • ( ,44,67 A0 1 Robert W. Hargreaves Jay'et M. Moore et M. Moore `10 Lauri Aylaian ICity Attorney _ Director of Finance I Director of Finance I City Manager ATTACHMENT: Resolution No. 2017- 80 G:\Finance\Niamh Ortega\Fund establishment\SR-Approve res re establish cannabis compliance fund 121417 jm rev docx RESOLUTION NO. 2017- 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ESTABLISHING THE CANNABIS COMPLIANCE FUND AND COMMITTING THE MONIES WITHIN THE FUND FOR THE PURPOSE OF COMPLIANCE AND ADMINISTRATIVE EXPENDITURES FOR ACTIVITIES RELATED TO REGULATION OF THE PRODUCTION, DISTRIBUTION, AND SALE OF CANNABIS AND CANNABIS-CONTAINING PRODUCTS WHEREAS, the Governmental Accounting Standards Board (GASB) has issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions; and WHEREAS, Statement No. 54 redefines the categories and terminology used to describe the components that make up a fund balance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the following actions are hereby taken as follows: Section 1. That the City Council finds that all the foregoing recitals are true and correct and are hereby incorporated and adopted by the City Council as fully set forth herein; and Section 2. That the City establish the Cannabis Compliance Fund; and Section 3. That the City commits the funds within the Cannabis Compliance Fund for the purpose of compliance and administrative expenditures for cannabis related activities. Section 4. That the City Manager, the Director of Finance and their designees are hereby authorized, jointly and severally, to execute and deliver any and all documents necessary and to do all things which they deem necessary or proper in order to effectuate the purposes of this Resolution and the actions contemplated hereby, and any such actions previously taken by such officers are hereby ratified, confirmed and approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 14th of December, 2017 by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA