HomeMy WebLinkAbout2020-41 - Consolidating Marijuana MeasureCITY OF COSTA MESA
RESOLUTION NO.2020-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA,
REQUESTING THE ORANGE COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2020,
WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT
TO SECTION 10403 OF THE ELECTIONS CODE
WHEREAS, the City Council of the City of Costa Mesa called a General Municipal
Election to be held on November 3, 2020 for the purpose of submitting a proposed ordinance to
the voters of the City of Costa Mesa for their consideration; and
WHEREAS, the City Council of the City of Costa Mesa is submitting to the voters of the
City of Costa Mesa a question relating to the adoption of a proposed ordinance; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the
Statewide General Election to be held on the same date and that within the city the precincts,
vote centers, and election officers of the two elections be the same, and that the Orange County
Registrar of Voters canvass the returns of the General Municipal Election and that the election
be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code,
the Board of Supervisors of the County of Orange is hereby requested to consent and agree to
the consolidation of a General Municipal Election with the Statewide General Election on
Tuesday, November 3, 2020, for the purpose of submitting to the voters of the City of Costa
Mesa a question relating to the adoption of a proposed ordinance.
SECTION 2. That the following measure is to appear on the ballot as follows:
Resolution No. 2020-41 Page 1 of 3
Measure _: The City of Costa Mesa Retail Cannabis Tax
and Regulation Measure
Response
Vote
Shall an ordinance authorizing, regulating, taxing retail
sales/deliveries of cannabis; limiting locations of cannabis
Yes
establishments to protect neighborhoods, schools, children;
requiring security; imposing a gross receipts tax of 4% to 7%
No
on retail cannabis businesses until ended by voters; raising
approximately $3,000,000 annually for maintaining 911
response, fire/public safety protection, parks, youth/senior
services, addressing homelessness, retaining small
businesses, other general services; requiring public
disclosure, funds controlled locally; be adopted?
SECTION 3. That the proposed complete text of the ordinance to be submitted to the
voters is attached as Exhibit A.
SECTION 4. That the vote requirement for the measures to pass is a majority (50% +1)
of the votes cast.
SECTION 5. That the Orange County Registrar of Voters is authorized to canvass the
returns of the General Municipal Election. The election shall be held in all respects as if there
were only one election, and only one form of ballot shall be used. The election will be held and
conducted in accordance with the provisions of law regulating the statewide election.
SECTION 6. That the Board of Supervisors is requested to issue instructions to the
county election department to take any and all steps necessary for the holding of the
consolidated election.
SECTION 7. That the City of Costa Mesa recognizes that additional costs will be incurred
by the County by reason of this consolidation and agrees to reimburse the County for any costs
for services upon the presentation of a properly submitted bill.
SECTION 8. That the City Clerk is hereby directed to file a certified copy of this
Resolution with the Board of Supervisors and the County election department of the County of
Orange.
SECTION 9. That the City Clerk shall certify to the passage and adoption of this
resolution and enter it into the book of original resolutions.
Resolution No. 2020-41 Page 2 of 3
PASSED AND ADOPTED this 21st day of July, 2020.
Y -L' z
trina Foley, Mayor
ATTEST:
Brenda Green, C y Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
imberly Hq6Barlow, City Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that
foregoing Resolution No. 2020-41 was duly passed and adopted by the City Council of the City
of Costa Mesa at a regular meeting held on the 21 st day of July, 2020, by the following roll call
vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MARK, REYNOLDS, STEPHENS,
AND FOLEY
NOES: COUNCIL MEMBERS: MANSOOR
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 22"d day of July, 2020.
BRENDA GREE , CITY CLERK
Resolution No. 2020-41 Page 3 of 3
CITY -SPONSORED MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The City Council for the City of Costa Mesa submits the following measure to the
voters of the City for approval and enactment:
SECTION 1. Name.
This ballot measure shall be known and may be cited as "the City of Costa Mesa
Retail Cannabis Tax and Regulation Measure" and shall be referred to herein as the
"Measure."
SECTION 2. Purpose.
The purpose of the Measure is to amend Measure X to allow the City Council to
adopt, and thereafter amend, by a 2/3 vote of the entire membership of the City
Council, one or more ordinances to provide for the specific areas in the City within
which City and state licensed cannabis retail storefront (dispensary) and non -
storefront (delivery only) uses can be located; to provide mimimum standards for future
City regulation of these uses; and to impose a general tax on all retail and delivery
cannabis businesses within the City, as well as on businesses making deliveries into
the City if such delivieries are permitted by the City, at a rate of 4 to 7% of gross
receipts. Nothing contained in this Measure is intended to limit, curtail or abrogate the
City's power to impose greater restrictions or limitations on retail cannabis uses than
those set forth herein.
Now, therefore, the People of the City of Costa Mesa do ordain as follows:
AN ORDINANCE OF THE PEOPLE OF THE CITY OF COSTA MESA,
CALIFORNIA, TO AMEND MEASURE X BY AUTHORIZING THE CITY
COUNCIL TO ADOPT AN ORDINANCE PERMITTING, REGULATING
AND ESTABLISHING A GROSS RECEIPTS TAX OF BETWEEN 4 TO 7%
ON THE RETAIL SALE AND DELIVERY OF CANNABIS WITHIN THE
CITY AS EXPRESSLY LIMITED HEREIN.
SECTION 3. Uncodified ordinance.
The City Council of the City of Costa Mesa, pursuant to the procedures set forth in
the Government Code and the City's Municipal Code and without prior approval of the
electorate, may amend those provisions of Measure X that require a vote of the electorate
as set forth in Ordinance No. 16-16, Section 8, "Future Changes", as amended and as
codified in Chapters I and VI of Title 9 and/or Chapters IV and IX of Title 13 of the
Municipal Code, by the adoption or amendment of one or more ordinances to permit,
regulate and/or impose a gross receipts tax upon the retail sale, both storefront
(dispensaries) and non -storefront (delivery), of cannabis within the City, provided that
City of Costa Mesa
Retail Cannabis Tax and Regulation Measure Page 1 of 3
such ordinance or amendment is adopted by a two-thirds vote of the entire membership
of the City Council and meets the following minimum standards:
a) the premises of retail storefront uses may be permitted in the commercial zone
only;
b) the premises of retail non -storefront (delivery) uses may be permitted in both the
commercial zone and in the Green Zone only;
c) the premises of retail storefront uses must be located a minimum of 1,000 feet from
existing and permitted child daycare locations, K-12 schools, playgrounds, and/or
homeless shelters, all as defined in the Zoning Code or as may otherwise be
defined by City regulation or ordinance;
d) security measures including but not limited to exterior lighting, video monitoring
and security guards;
e) for retail uses with two or more employees, a requirement for a labor peace
agreement;
f) imposes and/or maintains a gross receipts tax of no less than 4% and no more
than 7% on all retail cannabis uses, which shall be applicable to all retail uses with
physical premises in the City and, if so permitted by the City, to any retail non -
storefront (delivery) use located outside the City that delivers cannabis within the
City; and
g) to ensure accountability, public disclosure and transparency, requires that the
proceeds of this tax be subject to an annual audit by an independent certified public
accountant which shall be reported to the City Council in a document or documents
posted on the City's website and available for public inspection.
SECTION 4. Definitions.
The "Green Zone" means those portions of the manufacturing park (MP) and
planned development industrial (PDI) zones that are located both north of South Coast
Drive and west of Harbor Boulevard, excluding any portion of the South Coast Collection.
"Labor peace agreement" means an agreement as set forth in section 26001 of the
Business and Professions Code. "Retail storefront" and "retail non -storefront" shall mean
and include only those retailers operating in full compliance with all applicable state and
local laws and regulations, including but not limited to those set forth in Title 16, Division
24, Chapter 3 of the California Code of Regulations.
SECTION 5. Future Changes.
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SECTION 6. Inconsistencies.
Any provision of the Costa Mesa Municipal Code or appendices theretQ
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to affect the
provisions of this Ordinance.
SECTION 7. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The People of the City of Costa Mesa hereby declares that they would have
adopted this ordinance, and each and every section, subsection, sentence, clause, or
phrase not declared invalid or unconstitutional, without regard to whether any portion of
the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. Effective Date.
This ordinance shall take effect according to law ten days after certification of the
election at which it is ado e .
city of Costa Mesa
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