HomeMy WebLinkAbout2014-025 - Giving Notice of a General Municipal Election to be Held November 4, 2014RESOLUTION NO. 2014 -025
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 INITIATIVE
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. The election will be held and conducted in accordance with the provisions
of law regulating the statewide election.
Resolution No. 2014 -025
Page 1 of 3
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.
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 3'd day of June, 2014.
APPROVED AS TO FORM:
Sonia R. Carvalho,
City Attorney
AYES: Councilmembers: Amezcua, Benavides, Pulido Revna Tinaiero (5)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Martinez. Sarmiento (2)
Resolution No. 2014 -025
Page 2 of 3
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 -025 to be the original resolution adopted by the City
Council of the City of Santa Ana on June 3, 2014.
Date: � // /k� /�i
Maria D. Huizar,
Clerk of the Council
Resolution No. 2014 -025
Page 3 of 3
EXHIBIT
PROPOSED ORDINANCE
Resolution No. 2014 -025
Page 4 of 3
THE SANTAANAMEDICAL CANNABIS RESTRICTION ANDAYMT
l�l�ASIO�N'I ACT
9
The People of the City of Santa Ana do hereby enact and ordain as follo_ w s:
THE SANTAANAMEDICAL CANNABIS RESTRICTION ANDr-LI {NSITATI014,ACT,
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 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 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.
(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 XHI
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):
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SECTION 4 AMENDMENTS TO SANTAANA 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):
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SECTION 4 AMENDMENTS TO SANTAANA 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):
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SECTION 4 AMENDMENTS TO SANTAANA 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
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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
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any product, other than that which is clearly and traditionally incidental and essential to a
particular retail activity.
W (s) 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 SANTAANAMUNICIPAL 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
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 "W—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
IV
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 .....I,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 11D" —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
17
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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.
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