HomeMy WebLinkAbout2014-039 - Written Agruments for or Against the Proposed Ordinance to Regulate the EstablishmentRESOLUTION NO. 2014 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR
OR AGAINST THE PROPOSED ORDINANCE TO
REGULATE THE ESTABLISHMENT, OPERATION AND
TAXATION OF MEDICAL MARIJUANA COLLECTIVES
AND COOPERATIVES 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 17, 2014, the City Council adopted Resolution No. 2014-
039 authorizing the calling and placement on the ballot a proposed ordinance to
regulate the establishment, operation, and taxation of medical marijuana collectives and
cooperatives 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 by the Mayor and /or other
members of the City Council in accordance with Elections Code section 9282(b):
"Shall the City of Santa Ana amend the Municipal Code to limit the establishment of medical marijuana collectives/ cooperatives in the City to only industrial zones, enforce strict operating protocols, and
impose a tax and regulatory fee upon medical marijuana collectives /cooperatives as provided for in Ordinance No. NS- 2864?"
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
Resolution No, 2014 -039
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body may authorize any member(s) of the City Council to write arguments for or against
any measure placed on the ballot by the City Council. The City Council hereby
authorizes the Mayor and /or City Council 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 July 1, 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 1 st day of July, 2014.
APPROVED AS TO FORM:
By
se Sandov I,
hief Assist nt City Attorney
Resolution No. 2014 -039
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AYES: Councilmembers: Amezcua, Pulido, Sarmiento, Tinaiero (4)
NOES: Councilmembers: Benavides, Martinez, Reyna (3)
ABSTAIN: Councilmembers:
NOT PRESENT: Councilmembers: None (0)
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 -039 to be the original resolution adopted by the City
Council of the City of Santa Ana on July 1, 2014.
Date: r%I /lo /,,'
Clerk of the Council
City
Resolution No. 2014 -039
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