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HomeMy WebLinkAbout11A - 2ND READ ORD - BAN ON CULT AND DELIVERY MARIJUANAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: ORDINANCE SECOND READING: REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA {STRATEGIC PLAN NO. 5, 1) CITY MANA ER Place ordinance on second reading and adopt. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On December 15, 2015, the following Ordinance was introduced for first reading and City Council authorized publication of title by a vote of 4 -0 (Tinajero abstained; Benavides and Pulido absent): ORDINANCE NO. NS -2889 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a_cnmprQhensive comm -unity engagement_ initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council ATTACHMENT: Ordinance No. NS -2889 11 A -1 11 A -2 SMS 12/16/15 ORDINANCE NO, NS AN ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF SANTA ANA TO REAFFIRM A BAN ON THE CULTIVATION AND DELIVERY OF MARIJUANA WHEREAS, in 1996, the California electorate approved Propositlon 215, the Compassionate Use Act of 1996 ( "CUA "), which allows a patient, with a doctor's recommendation, to use marijuana for medical purposes without the fear of prosecution or arrest; and WHEREAS, in 2003, the California legislature passed Senate Bill 420 (Medical Marijuana Program Act [ "MMP "]) which amended the Health and Safety Code to permit the establishment of medical marijuana dispensaries for the distribution of marijuana for medical purposes; and WHEREAS, in 2013, the California Supreme Court held that cities could regulate or ban medical marijuana dispensaries; and WHEREAS, on November 4, 2014, the voters of the City of Santa Ana approved Measure BB (Ordinance No. NS -2864) to regulate -the establishment, operation, and taxation of Medical Marijuana Collectives and Cooperatives. This Ordinance amended Chapter 18 of.the Santa Ana Municipal Code.and included sections that addressed operational standards, business taxation requirements, and enforcement regarding medical marijuana collectives; and WHEREAS, on October 9, 2015, Governor Jerry Brown signed three bills (AB 243, AB 266, and SB 643) that regulate marijuana from "seed to sale" in the state of California. Specifically, AB 266 provides local control to ban cultivation and delivery services of marijuana. For municipalities that elect to ban cultivation and delivery services, A13266 requires that local government enact specific ordinances to ban the cultivation and delivery services of marijuana within their borders; and WHEREAS, Ordinance NS -2864 addressed on -site cultivation and impliedly addressed delivery services of marijuana within the City; and WHEREAS, the City of Santa Ana has a compelling Interest in ensuring that marijuana is not distributed In an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, and in preserving the lawful use of land within Its borders; Ordinance No. NS -XXX Page 1 of 3 11 A -3 SMS 12/15/15 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HERESY {'ORDAIN AS FOLLOWS; Section 1. The City Council hereby adopts the recitals and findings set forth above and in the request for Council action -staff report prepared in connection with this ordinance. Section 2. Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended as follows: Chapter 18 ARTICLE Xill. MEDICAL MARIJUANA COLLECTIVES /COOPERATIVES 18 -620. Compliance with this article and state law (e) Cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall cultivate marijuana or medical marijuana in the City. (f) Delivery services of marijuana or medical marijuana are prohibited anywhere in the City. No person or business shall operate delivery services of marijuana or medical marijuana or mobile dispensaries within the City. 5,q ct ion 3. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED this day of 2015. APPROVED AS TO FORM: Sonia R. Carvaiho, City Attorney v' andra M. Schwarzmann k City Attorney Miguel A, Pulldo Mayor 11 A -4 Ordinance No. NS -XXX Page 2 of 3 SMS 12115/15 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be -the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 Ordinance No. NS�XXX Page 3 of 3 11 A -6