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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. OFr, of F Page 1 of 3 0 c ORIGlnlgl 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. --------- 000 -------- }� gA Kic9, Page 2 of 3 _ Fi C ORIQIPI6�,I, 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 VGK/vlg Attachment S:\COUNCIL\Reeos\ I B-19\MedicciConnabis-Initiative.Reso.docx 6 A vF O� t=n Page 3 of 3 v=' c ORI131P1AI. .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