HomeMy WebLinkAbout55C - RESO - PETITION QUALIFIED VOTER INITIATIVEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 3, 2014
TITLE:
SUBMISSION TO THE VOTERS AT THE
NOVEMBER 4, 2014 MUNICIPAL ELECTION:
PETITION QUALIFIED BY VOTER
INITIATIVE ON SANTA ANA MEDICAL
CANNABIS RESTRICTION AND LIMITATION
INITIATIVE
CITY MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑
As Amended
❑
Ordinance on 1$' Reading
❑
Ordinance on 2ntl Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution giving notice of the City's General Municipal Election to be held in the City of
Santa Ana on November 4, 2014 for the submission of questions to the voters relating to voter
initiative petition on the Santa Ana Medical Cannabis Restriction and Limitation Initiative and
requesting the Board of Supervisors of Orange County to consolidate the General Municipal
Election of the City of Santa Ana.
2. Adopt a resolution containing ballot question.
3. Adopt a resolution authorizing submittal of written arguments for or against the voter initiative.
4. Approve guidelines for preparation of arguments for or against the proposed voter initiative, fix
the date for the submission of Direct Arguments and Rebuttal Arguments, and post the notice
for the argument process in accordance with the provisions of the California State Elections
Code.
5. Authorize the City Attorney to prepare an Impartial Analysis for each of the proposed Charter
Amendments to be submitted to the voter for consideration.
6. Direct staff to process all other documents required to proceed with the voter initiative petition.
DISCUSSION
On February 19, 2013, the City Council approved the Certificate of Sufficiency regarding the Santa
Ana Medical Cannabis Restriction and Limitation Initiative that was proposed by the Committee to
Support Medical Marijuana Ballot Initiative. In order to conduct an election for placing the above
initiative on the ballot, State law requires the City Council to take an action calling for a
consolidated municipal election. The resolution calling for the municipal election provides for the
submission of the text of the proposed measure to be considered by the voters.
55C -1
Santa Ana Medical Cannabis Restriction and Limitation Initiative
June 3, 2014
Page 2
Pursuant to the provisions of the California Elections Code, the City Council is required to formally
request consolidation of the City's general election and/or special election with the State's general
election. The subject resolution fulfills this requirement by requesting that the Board of Supervisors
of Orange County consolidate the municipal election of November 4, 2014 and authorizes the
Board of Supervisors to canvass the election returns.
California State Elections code Section 9281 provides that arguments for and against any initiative
may be submitted to the qualified voters of the city. The Elections Code specifies that the
legislative body, or any member or members of the Legislative body authorized by that body, may
submit a written argument for or against the measure. This section further authorizes any individual
voter or bona fide association of citizens to write arguments, however, the Elections Code specifies
that members of the Council would be given preference and priority, if authorized by the City
Council. The subject resolution would give that authorization to any member of the Council desiring
to submit an argument.
The procedures for filing ballot arguments are detailed in the Elections Code. The Clerk of the
Council has set June 17, 2014 as the deadline to submit any arguments in favor or opposition to
this voter initiative. The Election Code procedures, as well as general guidelines are attached and
will be posted as required by law. In addition, the City Attorney is directed to prepare an Impartial
Analysis and forward to the Orange County Registrar of Voter's Office to be printed in the Voter
Information Pamphlet preceding the arguments for and against the measure.
FISCAL IMPACT
The cost to consolidate the General Municipal Election is estimated to be $225,000. Funds for
these administrative costs are available in the General Non - Departmental, Contractual Services
account no. 01105015 62300, FY 2013 -2015.
Maria D. Huizar,
Clerk of the Council
1
ew
is Carvalho,
IN Attorney
Attachments 1 -5
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director 5�
Finance & Management Services Agency
55C -2
(labeled)
ATTACHMENT
RESOLUTION GIVING NOTICE OF THE CITY'S
GENERAL MUNICIPAL ELECTION AND
REQUESTING CONSOLIDATION WITH COUNTY OF
ORANGE
55C -3
RESOLUTION NO. 2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD IN THE CITY OF SANTA ANA ON
NOVEMBER 4, 2014 FOR THE SUBMISSION TO THE VOTERS
OF QUESTIONS RELATING TO VOTER INITIATIVE PETITION
ON THE SANTA ANA MEDICAL CANNABIS RESTRICTION AND
LIMITATION INITIATVE AND REQUESTING THE BOARD OF
SUPERVISORS OF ORANGE COUNTY TO
CONSOLIDATE THE GENERAL MUNICIPAL ELECTION
WITH THE STATE'S GENERAL ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. A general election of the City of Santa Ana will be held on November 4,
2014, for the purpose of voting on voter initiative petition on the Santa Ana
Medical Cannabis Restriction and Limitation Initiative shall be submitted to
the voters.
B. There will be a statewide general election held on November 4, 2014.
C. It is desirable that said general election of the City of Santa Ana be
consolidated with the statewide general election to be held on the same
date and; that within the City of Santa Ana, the precincts, polling places
and election officers be the same, and that the Board of Supervisors of the
County of Orange canvass the returns of both elections, in all respects as
if there were only one election.
Section 2. That pursuant to the requirements of Section 10403 of the Elections
Code of the State of California, the Board of Supervisors of the County of Orange is
hereby requested to consent to and order the consolidation of the November 4, 2014
general election of the City of Santa Ana for the purpose of voting on a ballot measure
relating to voter initiative petition with the statewide general election to be held on the
same date.
Section 3. The Board of Supervisors of the County of Orange is hereby
authorized to canvass the returns of said general municipal election pursuant to Section
10411 of the Elections Code of the State of California.
Resolution No. 2014 -XXX
55C -4 Page 1 of 2
Section 4. The City of Santa Ana recognizes that additional costs will be
incurred by the County by reason of this consolidation and agrees to reimburse the
County of Orange for any such costs.
Section 5. The Clerk of the Council is hereby directed to file a certified copy of
this resolution with the Board of Supervisors of the County of Orange and a certified
copy of this resolution with the Registrar of Voters of the County of Orange.
Section 6. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of , 2014.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
0
Sonia R. Carvalho,
City Attorney
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Resolution No. 2014 -XXX
Page 2 of 2
55C -5
Date:
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -XXX
55C -6 Page 3 of 2
Resolution No. 2014 -XXX
Page 4 of 2
PROPOSED ORDINANCE
55C -7
EXHIBIT
THE SANTAANAMEDICAL CANNABIS RESTRIMIONAND I IITATIONACT
2012 I!If f S [' ?I 11 19
The People of the City of Santa Ana do hereby enact and ordain as follows
CITY n
THE SANTAANA MEDICAL CANNABIS RESTRICTION ANDr4 TATIONAM
SECTION 1 TITLE
This initiative shall be known and may be cited as The Santa Ana Medical Cannabis Restriction
and Limitation Act.
SECTION 2 FINDINGS AND DECLARATIONS
(a) Li 1996 California voters approved Proposition 215, the "Compassionate Use Act of
1996:" The people of the State of California declared that their purpose in enacting the measure
was, "to ensure that seriously ill Californians have the right to obtain and use marijuana for
medical purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine,
or any other illness for which marijuana provides relief."
(b) Proposition 215 called for plans to implement the "safe and affordable distribution of
marijuana to all patients in medical need of marijuana."
(c) "Cannabis" is the scientific term for "marijuana" and shall be used in the language of this
Ordinance and in all other medical contexts in the City of Santa Ana.
(d) We strongly support the right of patients to use medical cannabis in accordance with the
recommendation or approval of a licensed physician in good standing with the Medical Board of
California.
(e) We strongly oppose law enforcement resources being used to arrest, prosecute, and
incarcerate qualified patients who use and provide medical cannabis in accordance with the
Compassionate Use Act (California Health and Safety Code section 11362,5) and Senate Bill 420
(California Health and Safety Code sections 11362.7 a seq.).
(f) Access to medical cannabis should occur in a safe and orderly manner to protect patients
and the community. The absence of controlled dispensing organizations results in patients being
forced to obtain their medicine in the illicit market, or incurring hardship and expense of
traveling great distances to obtain their medicine from outside their community.
(g) In the absence of detailed State regulation, local governments must adopt policies and
regulations to protect their communities and their resident patients' safe access to their medicine.
55C -8
IM According to the California State Board of Equalization, medical cannabis organizations
contribute between $50 and $100 million dollars in sales tax to the State of California annually,
and provide employment to thousands of Californians. Local municipalities, including the City
of Sacramento, have passed special business tax rates for medical cannabis organizations which
provide revenue used to fund much needed services such as public safety, education, and health.
(i) The People of the City of Santa Ana further find and declare that we enact this initiative
pursuant to the powers reserved to the State of California, the City of Santa Ana, and its People
under the Tenth Amendment to the United States Constitution, as well as under the general police
power of local government derived from the State's sovereignty.
(j) The intent of this Ordinance is to restrict and limit the number of medical cannabis
collectives and cooperatives operating or which may operate in the City of Santa Ana, but not to
prohibit them.
(k) The intent of the two percent gross receipts tax on medical cannabis collectives and
cooperatives is for the betterment of the community.
(1) The subject of this Ordinance is to determine the appropriate location of medical cannabis
collectives and cooperatives. The regulation of such collectives and cooperatives may be
accomplished by State law, or by any other Santa Ana voter initiative. This Ordinance cannot be
amended by the City Council except as specifically provided below.
SECTION 3 AMENDMENTS TO SANTA APIA MUNICIPAL CODE CHAPTER 18
ARTICLE XIII
The People of the City of Santa Ana do hereby enact and ordain that Chapter 18 Article XIII of
the Santa Ana Municipal Code is hereby amended to read as follows (any underlined language is
new and to be inserted, any struck - through language is existing and to be deleted):
Article XHI - Medical Cannabis Collective- and Cooperatives
Sec 18 610 - Purposes and Directives
See 18 -611 - Definitions
Sec_ 18.612. - Maximum Number of Collectives or Cooperatives
Sec 18 -61 - Ilse District- & Sensifive Use Proximity Prohibitions
Sec 18-614, Registration Required and Effect Thereof
See 18 -615 - Registration Application Process
See, 18 -616 - Regi suatioa Application Form Manner Timing and Priority Order
Sec 18 Issuance and Renewal ofRegic ra ion
S 18. 18g�_618`Operating Standards
2
55C -9
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55C -14
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autilityreceipi a State Board of Equalization Perinit. or I' ral Emplo
Identification Number,
55C -15
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55C -20
SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck - through as follows):
€ellewing:
1) Mefe ihan a single
qualified patient—,
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SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck - through as follows):
14
55C -21
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qualified patient—,
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55C -21
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SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck - through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
55C -22
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SECTION 5 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck - through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body - fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
55C -22
any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
(b) A ,. edisal fn ., dispensary as defined is seetieA Al 121 of tkis Code
OQL (e) A hookah parlor as defined in section 41 -73.5 of this Code.
(d)Any use which is more specifically identified as a permitted use or as a use which may be
permitted subject to the issuance of a conditional use permit in one or more use districts pursuant
to Article III of this chapter.
SECTION 6 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 21 -119
The People of the City of Santa Ana do hereby enact and ordain that Section 21 -119 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 21 -119. - Gross receipts tax rates.
Gross receipts tax rates for the different classifications are as follows:
(1) Classification "A" —All businesses for which no tax is specified elsewhere in this Article,
including, but not limited to: retail businesses and sales at retail, services (including real estate
brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock
and bond brokers, commission agents, brokers or merchants, building and loans, and recreational
services), hotels, motels, theaters, and food establishments:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
.....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000,00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(2) Classification "13 "— Manufacturing, processing, wholesale businesses and sales at
wholesale, sales of gasoline and motor fuels, and telephone services:
For each separate place of business licensed, abasic rate of $60.00, plus:
$0.30 per $1,000.00 to
.....$100,000.00
0.25 per 1,000.00 to ...,.300,000.00
0:20 per 1,000.00 to .....600,000.00
0.15 per 1,000,00 to .....1,000,000.00
16
55C -23
0.10 per 1,000.00 over..... 1,000,000.00
(3) Classification "C "— Rental of commercial real estate:
For the first property location licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
For each additional property location licensed, a basic rate of $10.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(4) Classification "D" —Junk yards, automobile wrecking yards and salvage yards, junk
dealers, junk collectors, automobile dismantlers, junk salvagers, and junk recyclers:
For each separate place of business licensed, a basic rate of $100.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over..... 1,000,000.00
(5) Classification "F "— cannabis businesses:
1/ For 1" / 1 1 1 • 1 . I l i l
but not limited • • ell! /1 harvesting-
compounding • 1 "• 1 processing- preParing
1 1" 1} ea -f s-business activiv 1 1
tran •1• !' manufaclailig.
staring, packaging- wholesale, and/or
retail sales of mad juana any part of the plant
'.
I !- . P • •1 • 1 I.1 1 • I.
1 1 1' 1 1 11 • � !
1 1 1 11 • • - - P • • 1 . • . •
by prim= caregivers to their qualified
1/ For 1" / 1 1 1 • 1 . I l i l
but not limited • • ell! /1 harvesting-
compounding • 1 "• 1 processing- preParing
1 1" 1} ea -f s-business activiv 1 1
tran •1• !' manufaclailig.
staring, packaging- wholesale, and/or
retail sales of mad juana any part of the plant
Cannabis sativa L. or its derivatives. It
-
specifically 1 / medical ll./ is transfers
by collectives and cooperatives and
sPecifically excludes medical cannabis ..I
by prim= caregivers to their qualified
patients as defined in Chapter 18 Article
MH of this Codt..
17
55C -24
IF MR. i •: 1 1 1 11
LI' 1 f!
SECTION 7 INITIATIVE NOT TO BE AMENDED OTHER THAN BY VOTERS
This initiative ordinance and every part thereof can only be amended by the Voters of the City of
Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided
above.
SECTION 8 SPECIAL OR REGULAR ELECTION
The Voters of the City of Santa Ana hereby expressly request that this initiative ordinance be set
for a special or regular election at the earliest time allowable by law.
SECTION 9 SEVERABILITY
Should any provision of this initiative ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable
or otherwise void, voidable, or invalid, that determination shall have no effect on any other
provision, or the application of this initiative ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable. By approving this ordinance the voters intend
that each section and sub - section be explictly severable, part -by -part, phrase -by- phrase, and
word -by- word, thus that the minimum language held invalid be severed.
18
55C -25
ATTACHMENT
RESOLUTION CONTAINING BALLOT QUESTION
55C -26
RESOLUTION NO. 2014 -xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA SETTING FORTH THE LANGUAGE OF A
BALLOT TITLE FOR PROPOSED VOTER INITIATIVE
PETITION REFERRED TO AS THE SANTA ANA MEDICAL
CANNABIS RESTRICTION AND LIMITATION INITIATIVE
TO BE INCLUDED ON THE BALLOT FOR THE 2014
GENERAL MUNICIPAL ELECTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
SECTION 1. By Resolution No. 2014 -XXX, the City Council of the City of Santa
Ana has called for a General Municipal Election to be held on November 4, 2014 and
submitted to the voters a proposed voter initiative petition.
SECTION 2. The California Elections Code directs that the City Council approve
the form of the ballot question to be submitted to the voters at the General Municipal
Election to be held on Tuesday, November 4, 2014.
SECTION 3. The voter shall consider the following proposal, with identification as
determined in accordance with the California Elections Code:
Shall an ordinance rescinding the City of Santa Ana's YES
prohibition of medical marijuana dispensaries and adopting
new regulations providing for an administrative registration
approval process, zoning designations for dispensaries and a NO
business tax on operating dispensaries, known as the Medical
Cannabis Restriction and Limitation Initiative, be adopted?
SECTION 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of 2014.
Miguel A. Pulido
Mayor
55C-27 Resolution No. 2014 -XXX
Page 1 of 2
APPROVED AS TO FORM:
BV:
Sonia R. Carvalho,
City Attorney
AYES:
Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -XXX
Page 2 of 2 55C -28
ATTACHMENT
RESOLUTION AUTHORIZING SUBMITTAL OF
WRITTEN ARGUMENTS FOR OR AGAINST THE
VOTER INITIATIVE;
55C -29
RESOLUTION NO, 2014 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSED VOTER INITIATIVE
REGARDING THE SANTA ANA MEDICAL CANNABIS
RESTRICTION AND LIMITATION INITIATVE TO BE
PLACED ON THE BALLOT OF THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4,
2014
WHEREAS, California Elections Code Section 9282 authorizes the filing of
written arguments for or against a voter initiative petition, and Elections Code Section
9287 establishes priorities for filing written arguments in favor of and against initiatives
and
WHEREAS, on June 3, 2014, the City Council adopted Resolution No. 2014-
_- authorizing the calling and placement on the ballot a proposed voter initiative to
be submitted to the electors at the November 4, 2014 general municipal election; and
WHEREAS, the City Council desires to authorize the filing of written arguments
for and/or against the adoption of the following ballot question and in accordance with
Elections Code section 9282(b):
Shall an ordinance rescinding the City of Santa Ana's YES
prohibition of medical marijuana dispensaries and adopting
new regulations providing for an administrative registration NO
approval process, zoning designations for dispensaries and a
business tax on operating dispensaries, known as the Medical
Cannabis Restriction and Limitation Initiative, be adopted?
NOW, THEREFORE, the City Council of the City of Santa Ana hereby finds,
determines and declares as follows that:
Section 1. The foregoing recitals are true and correct and are hereby
incorporated by reference.
Section 2. Authorization to Submit Arguments. Section 9282(b) of the
Elections Code of the State of California provides that in a local election, the legislative
body may authorize any member(s) of the City Council to write arguments for or against
any measure. The City Council hereby authorizes the Mayor and /or City Council
Resolution No. 2014 -XXX
Page 1 of 3
55C -30
members to prepare and file written arguments in favor of or against the proposed
ordinance described above.
Section 3. Authors. That, in accordance with Section 9283 of the Elections
Code, the printed names and signatures of not more than five authors shall appear with
any argument submitted in accordance with this resolution.
Section 4. Argument not exceed 300 words. That, in accordance with
Section 9282(c) of the Elections Code, any written argument in favor of or against the
proposed ordinance described above shall not exceed 300 words.
Section 5. City Council Preference and Priority. The City Council hereby
authorizes and directs the Clerk of the Council to give preference and priority to any
written argument for or against the initiative set forth above that includes a member or
members of the City Council (up to five members), and then to other arguments as set
forth in California Elections Code section 9287.
Section 6. Deadline for Arguments. In accordance with California Elections
Code section 9286(b), the deadline for filing with the Clerk of the Council (and changing
or withdrawing) arguments for or against the proposed ordinance described above shall
be not later than 5:00 p.m. on June 17, 2014.
Section 7. Certification. This Resolution shall take effect immediately upon its
adoption by the City Council, and the Clerk of the Council shall attest to and certify the
vote adopting this Resolution.
ADOPTED this day of , 2014.
APPROVED AS TO FORM:
In
Sonia R. Carvalho,
City Attorney Jose Sandoval,
Resolution No. 2014 -XXX
Page 2 of 3
55C -31
Miguel A. Pulido
Mayor
AYES: Councilmembers:
NOES: Councilmembers:
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Resolution No. 2014 -XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
55C -32
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -XXX
Page 3 of 3
ATTACHMENT 4
GUIDELINES FOR PREPARATION OF ARGUMENTS
FOR OR AGAINST THE PROPOSED AMENDMENTS
55C -33
City of Santa Ana is
NOTICE OF ELECTION
2014 General Municipal Election
November 4, 2014
SANTA ANA MEDICAL CANNABIS RESTRICTION
AND LIMITATION INITIATVE
VOTER INITIATIVE PETITION
TO BE VOTED ON
CITY OF SANTA ANA, CALIFORNIA
NOTICE IS HEREBY GIVEN that the following proposed voter initiative will be voted on
at the General Municipal Election to be held in the City of Santa Ana, California on Tuesday, the
fourth (4th) day of November 2014:
Shall an ordinance rescinding the City of Santa Ana's prohibition of YES
medical marijuana dispensaries and adopting new regulations
providing for an administrative registration approval process, zoning
designations for dispensaries and a business tax on operating NO
dispensaries, known as the Medical Cannabis Restriction and
Limitation Initiative, be adopted?
TIME LIMIT TO SUBMIT BALLOT ARGUMENTS
(California Elections Code §9280 -9287)
PLEASE TAKE NOTICE that Arguments with respect to the following ballot measure will
be received according to the following procedures:
The City Council or any member(s) of the Council authorized by the City Council, or bona
fide association of citizens, or any individual voter who is eligible to vote on the Measure,
or any combination of voters and associations, may file a written argument for or against
the measure on the ballot. No argument shall exceed 300 words in length.
2. A ballot argument shall not be accepted unless accompanied by the name(s) of the
person(s) submitting it, or, if submitted on behalf of an organization, the name of the
organization and the name of at least one of its principal officers.
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3. No more than five authors may sign any argument. If an argument is signed by more
than five individuals, the names of only the first five persons signing, determined by the
order in which their signatures appear, shall be printed on the argument appearing in the
Voter Information Pamphlet.
4. The Clerk of the Council shall cause an argument for and an argument against the
measure, if submitted, to be printed and shall transmit the arguments to the qualified
electors in addition to any necessary ballot materials. Arguments for and against the
measure shall be submitted to the Office of the Clerk of the Council, 20 Civic Center
Plaza, Santa Ana, California 92701, not later than 14 days after City Council calls for the
Election.
5. Arguments may be changed or withdrawn by their authors by specified date.
6. Printed arguments submitted to the voters shall be titled either "Argument In Favor of
Measure_" or "Argument Against Measure_ ", accordingly. The blank space will be
assigned a number or letter by the Orange County Registrar of Voters. Words used in
the title shall not be counted when determining the length of the argument.
7. If more than one argument for or more than one argument against the ballot measure is
submitted to the Clerk of the Council within the time prescribed above, the Clerk of the
Council shall select one of the arguments for printing and distribution to voters. In such
selection, preference and priority shall be given as follows: 1) member(s), of the
legislative body authorized by that body, 2) bona fide associations of citizens, and, 3)
individual voters who are eligible to vote on the measure. If more than one argument for
a measure is received from individuals or groups with the same preference and priority,
the first argument submitted to the Clerk of the Council will be selected if no other
arguments from an individual or group with a higher priority are received.
8. At the time of filing an argument, a certificate is also required that states that the facts
contained in the argument are true and correct. The certificate must be signed by each
author of the argument. (A certificate form is available from the Clerk of the Council)
9. Copies of arguments for and against the measure shall be open for public examination at
the Clerk of the Council Office, 20 Civic Center Plaza, Santa Ana, California, 92701
during normal business hours (Monday through Thursday and alternate Fridays, 8:00
A.M. to 5:00 P.M.) during the Public Review Period. Any individual may obtain a copy of
such materials for use outside of said office. A fee, not to exceed the actual costs
incurred in providing such copies, will be charged at the time of provision of such copies.
10. Questions concerning this notice shall be directed to the Clerk of the Council, City of
Santa Ana, telephone number (714) 647 -6520.
11. Copies of the text of the Measure to be submitted to the voters of the City of Santa Ana
may be obtained from the Clerk of the Council, telephone number (714) 647 -6520.
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WORD COUNT STANDARDS
(Elections Code §9)
§9.(a) Counting of words, for purposes of the Elections Code, shall be as follows:
(1) Punctuation is not counted.
(2) Each word shall be counted as one word except as specified in the Elections
Code section.
(3) All geographical names shall be considered as one word; for example, "City
and County of San Francisco" shall be counted as one word.
(4) Each abbreviation for a word, phrase, or expression shall be counted as one
word.
(5) Hyphenated words that appear in any generally available standard reference
dictionary, published in the United States at any time within the 10 calendar
years immediately preceding the election for which the words are counted,
shall be considered as one word. Each part of all other hyphenated words shall
be counted as a separate word.
(6) Dates consisting of a combination of words and digits shall be counted as two
words. Dates consisting only of a combination of digits shall be counted as
one word.
All Digits (8/08/07) one word
Words and digits (August 8, 2007) two words
(7) Any number consisting of a digit or digits shall be considered as one word.
Any number which is spelled, such as 'one," shall be considered as a separate
word or words. "One" shall be counted as one word whereas 'one hundred"
shall be counted as two words. "100" shall be counted as one word.
(8) Telephone numbers shall be counted as one word.
(9) Internet web site addresses shall be counted as one word.
If the text exceeds the word limit, the author must delete or change a sufficient number of words,
or a sentence, to put the statement within the required word limit before the statement is filed.
The author should correct any misspellings before the statement is filed.
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ATTACHMENT
SUMMARY AND TITLE
AND
PROPOSED ORDINANCE
55C -37
Title:
Medical Cannabis Restriction and Limitation Initiative.
Summary:
The Medical Cannabis Restriction and Limitation Initiative ( "proposed Ordinance") seeks to delete the
City of Santa Ana's prohibition of medical marijuana dispensaries, including collectives and
cooperatives, as defined by the City, contained in Chapters 18 (Health and Safety) and 41 (Zoning) of
the Santa Ana Municipal Code, and replace it with a ministerial administrative registration process,
zoning restrictions, and a business tax requirement for medical cannabis collectives and cooperatives
( "cooperatives and collectives "), as defined by the proposed Ordinance. The law's stated intentions
include, but are not limited to, fulfilling the purposes of State law regarding medical marijuana,
including the Compassionate Use Act and the Medical Marijuana Program Act ( "MMP "), providing
additional revenue for the City, and imposing further limitations on collectives and cooperatives beyond
those imposed under the MMP.
Specifically, with regard to zoning restrictions, the proposed Ordinance: (1) Prohibits collectives and
cooperatives in all zones except the C 1, C4, C5, Ml, P & C -SM zones; (2) Prohibits collectives and
cooperatives in all residential zones; and (3) Prohibits collectives and cooperatives within 600 feet of
public and private schools, K -12 1t' grade.
The proposed Ordinance also requires all collectives and cooperatives to apply for and obtain a Notice
of Completed Registration ( "Notice "), which is issued by the City's Director of Planning ( "Director "),
and is required of all collectives and cooperatives that meet specified requirements and want to continue
to operate within the City. The proposed Ordinance's registration process is a ministerial duty upon the
Director, where collectives or cooperatives submit an application within specified timelines and pay the
required fees. They are subsequently issued a Notice and, within thirty (30) days of that, a Certificate of
Occupancy for operation.
In addition, the proposed Ordinance establishes a formula for the number of collectives and cooperatives
that shall be registered with the City. The proposed Ordinance provides that at least one cannabis
collective or cooperative per 15,000 residents, as determined by the last Federal Census or as determined
by the latest population estimate by the Department of Finance of the State of California, whichever is
higher, and in no case less than 22, shall he registered by the Director if there are that many eligible
applicants. Once operating, the cannabis collective or cooperative is required to meet operating
standards, which includes but is not limited to, adequate security (i.e., lighting and alarm requirements),
prohibition on possessing or maintaining a license from the State Department of Alcohol Beverage
Control, signage and all requirements set out by the 2008 Attorney General Guidelines for the Security
and Non - diversion of Marijuana Grown for Medical Use.
Finally, the proposed Ordinance makes a "cannabis business," as defined, a classification "F ", which
requires those entities to pay business taxes in the amount of $20.00 for each $1,000.00 of gross
receipts. A cannabis business is defined to include medical cannabis transfers by collectives or
cooperatives. This tax is prospective only.
55C -38
TILE SANTA ANA MEDICAL CANNABIS RESTRICTIONANDyyIl1IITATION ACT
A I!g_ 16 PN 4: 19
The People of the City of Santa Ana do hereby enact and ordain as follows
CITY , ,
,
THE SANTAANA MEDICAL CANNABIS RESTRICTION ANI%ItIkftATI(WACT
SECTION 1 TITLE
This initiative shall be known and may be cited as The Santa Ana Medical Cannabis Restriction
and Limitation Act.
SECTION 2 FINDINGS AND DECLARATIONS
(a) In 1996 California voters approved Proposition 215, the "Compassionate Use Act of
1996" The people of the State of California declared that their purpose in enacting the measure
was, "to ensure that seriously ill Californians have the right to obtain and use marijuana for
medical purposes where that medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would benefit from the use of marijuana
in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine,
or any other illness for which marijuana provides relief."
(b) Proposition 215 called for plans to implement the "safe and affordable distribution of
marijuana to all patients in medical need of marijuana."
(c) "Cannabis" is the scientific term for "marijuana" and shall be used in the language of this
Ordinance and in all other medical contexts in the City of SantaAna.
(d) We strongly support the right of patients to use medical cannabis in accordance with the
recommendation or approval of a licensed physician in good standing with the Medical Board of
California.
(e) We strongly oppose law enforcement resources being used to arrest, prosecute, and
incarcerate qualified patients who use and provide medical cannabis in accordance with the
Compassionate Use Act (California Health and Safety Code section 11362,5) and Senate Bill 420
(California Health and Safety Code sections 11362.7 et. seq.).
(f) Access to medical cannabis should occur in a safe and orderly manner to protect patients
and the community. The absence of controlled dispensing organizations results in patients being
forced to obtain their medicine in the illicit market, or incurring hardship and expense of
traveling great distances to obtain their medicine from outside their community.
(g) in the absence of detailed State regulation, local governments must adopt policies and
regulations to protect their communities and their resident patients' safe access to their medicine.
55C -39
(h) According to the California State Board of Equalization, medical cannabis organizations
contribute between $50 and $100 million dollars in sales tax to the State of California annually,
and provide employment to thousands of Californians. Local municipalities, including the City
of Sacramento, have passed special business tax rates for medical cannabis organizations which
provide revenue used to fund much needed services such as public safety, education, and health.
(i) The People of the City of Santa Ana further find and declare that we enact this initiative
pursuant to the powers reserved to the State of California, the City of Santa Ana, and its People
under the Tenth Amendment to the United States Constitution, as well as under the general police
power of local government derived from the State's sovereignty.
0) The intent of this Ordinance is to restrict and limit the number of medical cannabis
collectives and cooperatives operating or which may operate in the City of Santa Ana, but not to
prohibit them.
(k) The intent of the two percent gross receipts tax on medical cannabis collectives and
cooperatives is for the betterment of the community.
(1) The subject of this Ordinance is to determine the appropriate location of medical cannabis
collectives and cooperatives. The regulation of such collectives and cooperatives may be
accomplished by State law, or by any other Santa Ana voter initiative. This Ordinance cannot be
amended by the City Council except as specifically provided below.
SECTION 3 AMENDMENTS TO SANTAANA MUNICIPAL CODE CHAPTER 18
ARTICLE XIII
The People of the City of Santa Ana do hereby enact and ordain that Chapter 18 Article X111 of
the Santa Ana Municipal Code is hereby amended to read as follows (any underlined language is
new and to be inserted, any struck- through language is existing and to be deleted):
Article M - Medi al Cannabis Collectives and Cooperatives
Scc 18 rpose_s and Directim
S _r. 18 -611 - Definitions
See- 18 -612. - Maximum Number of Collectives or Cooperatives
Sec 18e -614 Registration Required and Effed Thereof
Sec 18-615 -Reghqtration Application Process
Sec 18-616- Regetra ion Application For nn r Timing and Priority Order
gee 18-617 - Issuance nd Renewal ofRegistra ion
55C -40
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55C -51
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55C -51
SECTION 4 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 41 -121
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -121 of the Santa
Ana Municipal Code is hereby repealed and deleted in its entirety (all existing language to be
deleted is struck- through as follows):
14
55C -52
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55C -52
SECTION 5 AMENDMENTS TO SANTAANA MUNICIPAL CODE SECTION 41 -144
The People of the City of Santa Ana do hereby enact and ordain that Section 41 -144 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck - through language is existing and to be deleted):
Sec. 41 -144. - Retail and service uses.
Retail and service uses include any use of property for the purpose of offering merchandise or
services to the public for compensation, and include banks, savings and loan associations, and
similar financial institutions, but do not include the following:
(a) Sheet metal shops, body- fender works, automobile paint shops, repair garages, and any
activity which includes the processing, treatment, manufacturing, assembling or compounding of
15
55C -53
any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
(b4 Amedieal fnafijuam dispensary as defined in see-sion 41 121 of uh-18 Cede.
W (e) A hookah parlor as defined in section 41 -73.5 of this Code.
W (d)Any use which is more specifically identified as a permitted use or as a use which may be
permitted subject to the issuance of a conditional use permit in one or more use districts pursuant
to Article III of this chapter.
SECTION 6 AMENDMENTS TO SANTA ANA MUNICIPAL CODE SECTION 21 -119
The People of the City of Santa Ana do hereby enact and ordain that Section 21 -119 of the Santa
Ana Municipal Code is hereby amended to read as follows (any underlined language is new and
to be inserted, any struck- through language is existing and to be deleted):
Sec. 21 -119. - Gross receipts tax rates.
Gross receipts tax rates for the different classifications are as follows:
(1) Classification "A" —All businesses for which no tax is specified elsewhere in this Article,
including, but not limited to: retail businesses and sales at retail, services (including real estate
brokers, real estate developers, insurance brokers, life and disability insurance analysts, stock
and bond brokers, commission agents, brokers or merchants, building and loans, and recreational
services), hotels, motels, theaters, and food establishments:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
.....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000,00 to ...,.1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(2) Classification "B "— Manufacturing, processing, wholesale businesses and sales at
wholesale, sales of gasoline and motor fuels, and telephone services:
For each separate place of business licensed, a basic rate of $60.00, plus:
$0.30 per $1,000.00 to
.....$100,000.00
0.25 per 1,000.00 to .....300,000.00
0.20 per 1,000.00 to .....600,000.00
0.15 per 1,000.00 to .....1,000,000.00
16
55C -54
0.10 per 1,000.00 over .....1,000,000.00
(3) Classification "C "— Rental of commercial real estate:
For the first property location licensed, a basic rate of $60.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0,30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
For each additional property location licensed, a basic rate of $10.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....$500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over .....1,000,000.00
(4) Classification "D" —Junk yards, automobile wrecking yards and salvage yards; junk
dealers, junk collectors, automobile dismantlers, junk salvagers, and junk recyclers:
For each separate place of business licensed, a basic rate of $100.00, plus:
$0.50 per $1,000.00 to .....$100,000.00
0.30 per 1,000.00 to .....500,000.00
0.20 per 1,000.00 to .....1,000,000.00
0.15 per 1,000.00 over..... 1,000,000.00
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55C -55
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SECTION 7 INITIATIVE NOT TO BE AMENDED OTHER THAN BY VOTERS
This initiative ordinance and every part thereof can only be amended by the Voters of the City of
Santa Ana and cannot be amended by the Santa Ana City Council except as specifically provided
above.
SECTION 8 SPECIAL OR REGULAR ELECTION
The Voters of the City of Santa Ana hereby expressly request that this initiative ordinance be set
for a special or regular election at the earliest time allowable by law.
SECTION 9 SEVERABILITY
Should any provision of this initiative ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable
or otherwise void, voidable, or invalid, that determination shall have no effect on any other
provision, or the application of this initiative ordinance to any other person or circumstance and,
to that end, the provisions hereof are severable. By approving this ordinance the voters intend
that each section and sub - section be explictly severable, part-by -part, phrase -by- phrase, and
word -by -word, thus that the minimum language held invalid be severed.
m
55C -56