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HomeMy WebLinkAboutPOWERPOINT - 2014-07-01_MEDICAL MARIJUANA - 55DMedical Marijuana Ballot Initiative City Council Meeting July 1, 2014 Background February 2013 -Santa Ana Medical Cannabis Restriction and Limitation  Initiative Obtained enough valid signatures to qualify the initiative for the November ◦ 2014 General Election ballot March 2013 -City Council directed staff to explore placing a competing  initiative on the November 2014 ballot. June 3, 2014 –City Council considered options to address the qualified  initiative and directed staff to draft a competing ballot initiative that would allow a limited number of regulated collectives/cooperatives. June 17, 2014 –City Council considered the draft ballot initiative.  Following discussion the City Council directed staff to make several changes to the draft ballot initiative and continued the item to July 1, 2014. June 18 –June 30, 2014 –Staff received additional feedback from  members of the City Council and the advocate community. 2 Policy Changes 3 Policy Changes Remove the cap  The cap of no more than 12 collectives/cooperatives has been removed. ◦ 4 Policy Changes Remove the cap  The cap of no more than 12 collectives/cooperatives has been removed. ◦ Reduce hours of operation  Hours are now 10 am to 8 pm Monday-Saturday and 11 am to 7 pm on ◦ Sunday. 5 Policy Changes Remove the cap  The cap of no more than 12 collectives/cooperatives has been removed. ◦ Reduce hours of operation  Hours are now 10 am to 8 pm Monday-Saturday and 11 am to 7 pm on ◦ Sunday. Reduce the separation requirement  The separation requirement between collectives/cooperatives is now ◦ 500 ft. 6 Policy Changes Remove the cap  The cap of no more than 12 collectives/cooperatives has been removed. ◦ Reduce hours of operation  Hours are now 10 am to 8 pm Monday-Saturday and 11 am to 7 pm on ◦ Sunday. Reduce the separation requirement  The separation requirement between collectives/cooperatives is now ◦ 500 ft. Give Council flexibility to make changes  Council reserves authority to make future amendments without voter ◦ approval. 7 Policy Changes Remove the cap  The cap of no more than 12 collectives/cooperatives has been removed. ◦ Reduce hours of operation  Hours are now 10 am to 8 pm Monday-Saturday and 11 am to 7 pm on ◦ Sunday. Reduce the separation requirement  The separation requirement between collectives/cooperatives is now ◦ 500 ft. Give Council flexibility to make changes  Council reserves authority to make future amendments without voter ◦ approval. Address potential conflicts with competing measures  If approved by the voters, the Council initiative would render competing ◦ measures null and void. 8 Technical Changes 9 Technical Changes Remove/amend items that may be subject to legal  challenge Clarifies that requests for video recordings must be by consent, through ◦ a warrant or court order. Clarifies that agents, employees and volunteers can be cited for ◦ violations. Clarifies that proposed gross receipts tax will not be adjusted by both a ◦ percentage and inflation. Provides that violations of the proposed ordinance are subject to Penal ◦ Code penalties. Modifies requirements regarding the maintenance of records. ◦ 10 Additional Alternatives 11 Additional Alternatives Allow collectives/cooperatives in Arterial Commercial (C-5)  or Professional (P) zones if no Industrially-zoned land is available. No more than two per ward in these zones. Alternative Section 18-615 ◦ 12 13 14 Additional Alternatives Allow collectives/cooperatives in Arterial Commercial (C-5)  or Professional (P) zones if no Industrially-zoned is available. No more than two per ward in these zones. Replace the Conditional Use Permit with a Regulatory  Safety Permit issued administratively, subject to annual review and renewal. Alternative Section 18-617 ◦ 15 Additional Alternatives Allow collectives/cooperatives in Arterial Commercial (C-5)  or Professional (P) zones if no Industrially-zoned is available. No more than two per ward in these zones. Replace the Conditional Use Permit with a Regulatory  Safety Permit issued administratively, subject to annual review and renewal. Include a “Sunset Provision” to repeal the ordinance unless  readopted by the City Council. Alternative Section 6 ◦ 16 Additional Alternatives Allow collectives/cooperatives in Arterial Commercial (C-5)  or Professional (P) zones if no Industrially-zoned is available. No more than two per ward in these zones. Replace the Conditional Use Permit with a Regulatory  Safety Permit issued administratively, subject to annual review and renewal. Include a “Sunset Provision” to repeal the ordinance unless  readopted by the City Council. Remove language regarding medical marijuana testing and  testing logs. Remove Sections 18-617.5 (b) and (c) ◦ 17 Additional Alternatives Allow collectives/cooperatives in Arterial Commercial (C-5)  or Professional (P) zones if no Industrially-zoned is available. No more than two per ward in these zones. Replace the Conditional Use Permit with a Regulatory  Safety Permit issued administratively, subject to annual review and renewal. Include a “Sunset Provision” to repeal the ordinance unless  readopted by the City Council. Remove language regarding medical marijuana testing and  testing logs. Use a Request for Proposals (RFP) process to select  collectives/cooperatives. 18 Enforcement Staffing 19 Enforcement Staffing Scenario 1 –Focus is on enforcement  primarily from a land use perspective with police assistance. Estimated cost is $1 million. Code Enforcement Officer (3) ◦ Assistant City Attorney (2) ◦ Police Officer (1) ◦ Building Inspector (0.5) ◦ Office Assistant (1) ◦ 20 Enforcement Staffing Scenario 2 –Focus is on enforcement  primarily from a land use perspective with police assistance, but with increased capacity. Estimated cost is $1.5 million. Code Enforcement Officer (4) ◦ Assistant City Attorney (2) ◦ Police Officer (2) ◦ Building Inspector (1.5) ◦ Office Assistant (1) ◦ 21 Enforcement Staffing Scenario 3 –Would create a vice unit  within the Police Department, in addition to land use enforcemnt. Estimated cost is $2 million. Code Enforcement Officer (4) ◦ Assistant City Attorney (2) ◦ Police Officer –Vice Unit (4) ◦ Building Inspector (1.5) ◦ Office Assistant (1) ◦ 22 23