HomeMy WebLinkAboutNS-3008 - Amending Article XX of Chapter 13 of the Santa Ana Municipal Code to Authorize Discretionary Allocations Between Youth Services and Enforcement Services From The Cannabis FundORDINANCE NO. NS-3008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA, CALIFORNIA, AMENDING ARTICLE XX
OF CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE
TO AUTHORIZE DISCRETIONARY ALLOCATIONS
BETWEEN YOUTH SERVICES AND ENFORCEMENT
SERVICES FROM THE CANNABIS FUND
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Section 13-203 of Article XX of Chapter 13 of the Santa Ana
Municipal Code is hereby amended to read as follows:
Sec. 13-203. - Cannabis Revenue Funding.
A. Automatic Deposit of Cannabis Tax Revenues into the Cannabis Fund.
The Cannabis Fund shall be funded by an automatic deposit of two-
thirds (2/3) of all cannabis tax revenues generated each year,
commencing with the Fiscal Year Budget for 2019-2020 and
continuing thereafter in the budget for each Fiscal Year, from all of the
following: 1) Operating Agreements for Commercial Cannabis
businesses and 2) Any newly adopted Cannabis Business License
Tax. For purposes of this subsection, in addition to the descriptions
provided directly above in this paragraph, the phrase "cannabis tax
revenues" means all revenues generated from any new or increased
cannabis tax which has been approved by the voters of the City on or
after the effective date of this Chapter and any increase of the
cannabis tax authorized by the Santa Ana Municipal Code and
approved by the City Council. Tax revenue from Medicinal/Medical
Cannabis shall not go into the Cannabis Fund. Funds in the Cannabis
Fund shall be carried over from year-to-year.
B. Discretionary Deposits into Cannabis Fund not Prohibited. Nothing in
this Chapter shall prohibit the City Council, as part of the budgeting
process, from contributing additional revenues to the Cannabis Fund,
as determined in the City Council's sound legislative discretion.
C. Expenditures from the Cannabis Fund. Funds in the Cannabis Fund
shall be restricted to 1) Youth Services: expenditures for new,
additional or enhanced, as of the date the Cannabis Fund is created,
for Youth Services for City of Santa Ana residents and 2) Enforcement
Services: expenditures for Enforcement Services to enforce cannabis
regulations and other nuisance laws to improve the quality of life of
residents. Specific allocations for Youth Services and Enforcement
Services shall be made at the sole discretion of the City Council,
Ordinance No. NS-3008
Page 1 of 2
except that the City Council in no event shall allocate less than fifty
percent (50%) of the Cannabis Fund for Youth Services.
Section 2. If any section, subsection, sentence, clause, phrase or portion of
this ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council of the City of Santa Ana hereby
declares that it would have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
ADOPTED this 7th day of September, 2021.
VicAntearmiento
Mayor
APPROVED AS TO FORM
Sonia R. Cllarv�allho, City Attorney
By: ' / " -f.-&
JoWn M. Funk
Sr. Assistant City Attorney
AYES: Councilmembers: Hernandez, Lopez, Mendoza Phan,
Penaloza Sarmiento (6)
NOES: Councilmembers: Bacerra (1)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-3008 to be the original ordinance adopted by the City Council of the
City of Santa Ana on September 7, 2021, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana\
Date:
Daisy Gome
Clerk of the ouncil
City of Santa Ana
Ordinance No. NS-3008
Page 2 of 2