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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 Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3