HomeMy WebLinkAboutRES NO 081-18081-18
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD,
ORDERING SUBMISSION TO THE VOTERS OF THE INITIATIVE RELATING TO
MEDICAL CANNABIS AT THE GENERAL ELECTION, DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS, AS WELL AS SETTING
PRIORITIES FOR FILING WRITTEN ARGUMENTS.
WHEREAS, a General Municipal Election is to be held in the City of Bakersfield,
California, on November 6, 2018, at which time there will be submitted to the voters
the following question:
Shall the City of Bakersfield adopt the following law:
Shall the measure amending the Bakersfield Municipal YES
Code to allow medical marijuana store front dispensaries,
cultivation sites, manufacturers, distributors, and delivery
operations with a valid permit, and which will impose a
7.5% excise tax that will last until terminated by voters,
[based on current information, fiscal impact is unknown.] NO
be adopted?
SECTION 1. That the proposed Medical Cannabis Initiative ("Initiative") be
submitted to the voters, attached as Exhibit A.
SECTION 2. That the vote requirement for the Initiative to pass is a majority
(50%+)) of the votes cast.
SECTION 3. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 4. That notice of the time and place of holding the election is given
and the Bakersfield City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as required by law.
SECTION 5. That the City Council authorizes the Bakersfield Residents Against
Pot Shops to file the written argument against the Initiative with Councilmember
Jacquie Sullivan as a co-signer, in accordance with Article 4, Chapter 3, Division 9 of
the Elections Code of the State of California.
The arguments for and against the Initiative shall be filed with the Bakersfield City
Clerk, signed, with the printed names and signatures of the authors submitting it, or if
submitted on behalf of an organization, the name of the organization, and the printed
name and signature of at least one of its principal officers who is the author of the
argument. The arguments shall be accompanied by the Form of Statement To Be
Filed By Authors of Argument. The arguments are due to the Bakersfield City Clerk on
July 5, 201 B.
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SECTION 6. That the City Council directs the Bakersfield City Clerk to transmit a
copy of the Initiative to the City Attorney for preparation of an impartial analysis.
SECTION 7. That pursuant to Section 9285 of the Elections Code of the State of
California, the elections official shall send a copy of an argument in favor of the
Initiative to the authors of any argument against the Initiative and a copy of an
argument against the Initiative to the authors of any argument in favor of the Initiative
immediately upon receiving the arguments.
Rebuttal arguments shall be filed with the Bakersfield City Clerk, signed, with the
printed names and signatures of the authors submitting it, or if submitted on behalf of
an organization, the name of the organization, and the printed name and signature of
at least one of its principal officers. The rebuttal arguments shall be accompanied by
the Form of Statement To Be Filed By Authors of Argument. The rebuttal arguments are
due to the Bakersfield City Clerk on July 16, 2018.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on
JUN 7 B 2018 by the following vote:
AYES:
COUNCILMEMBER:_jt�VFR A,GONZALES,WEIR, SMITH , FREEMAN, SULLIVAN, PARLIER
NOES :
COUNCILMEMBER �X1�K.
ABSTAIN:
COUNCILMEMBER:
ABSENT'.
COUNCILMEMBER:
�nJw t�vLbn� ,lar
CHRISTOPHER GERRY
ACTING CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: JUN 2 C 2018
By -Wq0
K EN GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA I�ENNARO
Cit'y�A11or61 y
By l/,�.w�.ca caw
VIRGINIA dENNAR0
City Attorney
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Attachment
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.6 APR ie r;; a: is
NOTICE OF INTENTION TO CIRCULATE AN INITIATIVE PETITION i,i I Y CI
"Notice" is hereby given by the persons whose names appear hereon of their
intention to circulate the petition within the City of Bakersfield for the purpose of
amending the City Code and zoning Ordinances, permitting within the City of
Bakersfield, all commercial activities Identified by California Business and Professions
Code § 19300.5 or any other state law allowed by the State of California.
I Jeff Jarvis who resides at 6815 Savanna Falls Drive, Bakersfield, Ca. 93312. Request
that a ballot title and summary be prepared by the Bakersfield City Attorney.
A statement of the reasons of the proposed action as contemplated in the petition
is as follows:
This petition puts into effect state laws regulating all medical marijuana activities
allowed by these new laws and punishing illegal activity. The petition will reduce
illegal and unregulated cannabis activities in the City. It will directly tax state
regulated medical cannabis activity within the City. This tax offsets any expense to
the CIN and may be used to fund law enforcement. The Legislature of the State of
California, by bipartisan support, passed Assembly BN 266, the Medical Marijuana
Regulation and Safety Act. This bill regulates how medicinal cannabis is made
available to all California residents who are qualified medical patients under the
California Health and Safety Code. The petition insures that all of the benefits and
public safety aspects of this bipartisan bill are available to the residents of the City
of Bakersfield. The petition will insure the City of Baketsfield will permit, license and
zone for the commercial activities identified in the bill or any other law allowed by
the State of California.
WHEREAS, congress has defunded the Department of Justice and the DEA from
prosecuting state compliant medical cannabis activities.
WHEREAS, the State of California enacted a statewide act regulating medicinal
cannabis known as the Medical Marijuana Regulation and Safety Act with
bipartisan support in October of 2015.
WHEREAS, the number of illegal cannabis dispensaries has grown due to the lack of
regulation and zoning within the City of Bakersfield.
WHEREAS, the City of Bakersfield intends to regulate medical cannabis activities in a
manner that is consistent with State Law, promoting the health, welfare and safety
of the citizens of the City of Bakersfield, including those who have a medical
recommendation and legal right to safe and affordable access to medicinal
cannabis while reducing illegal activity and creating adequate revenue from these
activities to assist in funding law enforcernenl and the general fund to prohibit
illegal activities.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 5.63 is hereby added to the Bakersfield Municipal Code to read as follows:
Chapter 5.63 MEDICINAL CANNABIS
Each portion and provision of the Business and Professions Code, (hereinafter the
"B&P" code) Division 8, Chapter 3.5, known as the Medical Marijuana Regulation
and Safety Act, commencing with Article I through Article 15, and any law
consistent therewith, (hereinafter collectively referred to as "B&P code § 19300 et.
seq") and as may be amended from time to time, and every regulation
promulgated thereunder is adopted by reference and incorporated into this
Chapter by reference.
5.63.010 Registration of commercial Activities.
5.63.020 Permits required. No person shall engage in state permitted commercial
cannabis activities described In B&P code § 19300 et. seq. within the City of
Bakersfield, (hereinafter "City"), without having first procured and maintained a
valid business permit or license or authority, (hereinafter collectively referred to as a
"permit") from the City through the city manager or designee.
5.63.030 Business permit application - Issuance - Fee
Applications for business permits under this section shall be made on forms to be
furnished by the city manager or designee, shall be signed under penalty of perjury
by the applicant and shall require the following information.
1. The full true name, current mailing address, title, current telephone number,
date of birth, sex, driver's license number, and social security number of the
applicant and of all persons who will manage the business and all persons having a
financial Interest in the business, (except shareholders of a corporation);
2, The name. mailing address and location of the business;
3. The business tax certificate number of the business; and
4. Prior permits held, the dates held, whether such permits were ever revoked
or suspended and the reasons therefor.
B. The city manager or designee shall issue a permit within fifteen days of
receipt of the application if he finds:
1. That the application is complete and truthful;
2. The business for which the application is made, and the building in which
such business is to be conducted, conform to all, state and local laws, including,
but not limited to building codes and zoning ordinances, and be accessible for
inspection by city fire, police and building officials;
3. That a valid business tax certificate has been issued for this business;
4, That the applicani is eighteen years of age or older;
5. That the applicant meets all the criteria required by state law for the activity
sought to be permitted; and
6. That the applicant has not had a permit, issued under this section, revoked
in the past three years, unless the city manager finds that the reasons for such
revocaiion are unrelated to this application. For the purposes of this subsection,
^applicani" includes all persons designated in subsection A., 1. of this section.
C. If the cly manager or designee dei em pines that the applicant has failed to
meet any of the criteria of subsection B., above, he shall notify the applicant at the
decision to deny the permit. Notice of such decision shall be sent in writing to the
applicant at the mailing address set forth in the application, within fifteen days of
submittal of the application. failure to so notify the applicant within the allotted
time or failure to make the findings set forth in subsection B. above within the
allotled time shall be deemed a grant of the permit.
D. The applicant shall pay a nonrefundable fee not to exceed the cost of
processing any such application and inspecting the business as set forth in Section
3.70.040. (Ord. 3529 § 1, 1993; Ord. 3424 § 1, 1991)The City shall issue a permit as a
condition precedent to a stale license or permit pursuant to B&P code § 19300 et.
seq. to any applicant eligible for such permit or license under arterial set out In B&P
code § 19300 ef. seq. Unless the application for a permit is denied, as set out in
paragraph C. above, the city manager or designee will issue the permit.
5.63.020 Physical Location and Operation.
B&P Code § 19300 et. seq. including but not limited to § 19316(a) are limited by the
following: The spacing between Type 10 and Type I OA commercial cannabis
activities and schools shall be maintained at 1000 feet, measured by a straight line,
unless there is a roadway bonier such as a freeway, where if shall be measured by
the nearest road access route. To prevent density concentration impacts in any
zoning location, a distance limit shall be maintained at 1,000 feet between more
than one Type 10 or more than one Type I OA or any combination thereof
commercial cannabis activities. Permits or licenses subject to a distance limitation
are issued in the order those applicants established an earlier initial operating date.
Operations before the effective date of this ordinance shall be considered. No
commercial cannabis activity shall be permitted between the hours of 10:00 p.m.
and 8:00 a.m.. Otherwise all restrictions on land use set out in B&P code § 19300 et.
seq. are applicable consistent with Title 17 of this Code, except to deny any
applicant a permit or license to engage in commercial activities if they are
otherwise qualified to engage in those activities by state law, this code or any
amendment thereto.
The Bakersfield Municipal Zoning Code Title 17 Zoning Is Amended to Permit
Commercial Cannabis Activities as defined under Business and Professions code
Division 8, Chapter 3.5, commencing at § 19300 of. seq. Including but not limited to
those specifically permitted and listed under Business and Professions code §
19300.7 as Follows:
17.08.050 is amended to delete 17.08.050 A.
Those activities, including but not limited to, activities listed under B&P code
§ 19300.7 are permitted in the following zones:
17.32.020 is amended to add, Type 1, 1 B, 2,213, 3. 3B and 4 commercial cannabis
activities if permitted as defined under Business and Professions code Division 8,
Chapter 3.5, commencing at § 19300 et. seq.
17.20.020 Professional and Administrative Zone. 17 24.020 Regional Commercial
Zone. 17.25.020 Central Business Zone are amended to add. Type 8, Type 10 and
10A commoiciol cannabis activities if penniRed as defined under Business and
Professions code Division 8, Chapter 3.5, commencing at § 19300 et. seq.
17.28.020 and 17.30.020 Manufacturing Zones, are amended to add Type IA, 1 B,
2A, 28.3A. 3B, 4, 6, 7, 10, 10A. I land 12 commercial cannabis activities if permitted
as defined under Business and Professions code Division 8, Chapter 3.5,
commencing at § 19300 et. seq.
17.24.020 is amended to add Type 4, 11 and 12 commercial cannabis activities if
permitted as defined under Business and Professions code Division 8 Chapter 3.5,
commencing at § 19300 et. seq.
17.25.020 is amended to add Type I I and 12 commercial cannabis activities if
permitted as defined under Business and Professions code Division 8 Chapter 3.5,
commencing at § 19300 et. seq.
Tax
There shall be a tax of 7.5% on the gross income of any commercial cannabis
activity permitted under Business and Professions code Division e. Chapter 3.5,
commencing at § 19300 et, seq.
Immedlate Vote
Pursuant to Elections Code §§9214, and 1405 (b) this ordinance will be submitted to
a statewide general election.
Savings Clause
It any portion of this initiative is found to be unenforceable then the balance of the
initiative will be given such interpretation, force and effect as to accomplish and
carry out the intention of [his initiative.
Dated:
HeatherApp�
Jeff Jarvis
I. Jeff Jarvis, acknowledge that it is a misdemeanor under state law (Section 18650
of the Elections Code) to knowingly or willfully allow the signatures on an initiative
petition to be used for any purpose other than qualification of the proposed
measure for the ballot. I certified that I will not knowingly or willfully, allow the
signatures for this initiative to be used for any purpose other ihan qualification of the
measure for the ballot.
Dated this 180 day of April 2016.
Jeff Jarvis. P.o onent