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Voter’s Edge California
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Presentado por
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League of Women Voters of California Education Fund
San Mateo County Libraries Voter Guide@SMCLibraries
November 8, 2016 — Elección General de California
Local

City of Costa Mesa
Measure V Ordinance - Majority Approval Required

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Resultados electorales

No se aprueba

14,937 votos si (37.8%)

24,565 votos no (62.2%)

100% de distritos activos (66/66).

Shall the ordinance, to allow operation of up to eight medical marijuana (cannabis) businesses with: six percent tax on medical marijuana (estimated annual tax revenues $48,000 to $912,000); one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas, be adopted?

¿Qué es esta propuesta?

Información básica sobre la iniciativa de ley — Información oficial sobre esta iniciativa

Un voto por el SÍ significa

A “Yes” is a vote to adopt an ordinance to allow operation of up to eight medical marijuana (cannabis) businesses, including dispensaries, with: six percent tax on medical marijuana (estimated annual tax revenues$48,000 to $912,000); one percent tax on other products; exemption from permits; regulations not subject to change by City Council except for increasing businesses; precedence to prior businesses; and locations limited to commercial and industrial areas.

Un voto por el NO significa

A “No” is a vote to not to adopt the ordinance proposed by the measure to Allow Operation of up to Eight Licensed Medical Marijuana (Cannabis) Businesses in the City of Costa Mesa.

Antecedentes

No document was submitted.

Análisis del analista legislativo / Proposal

Orange County Registrar of Voters

Measure V, known as an Initiative to “Allow Operation of up to Eight Medical Marijuana (Cannabis) Businesses in City of Costa Mesa”, would amend the Costa Mesa Municipal Code to authorize up to eight medical marijuana businesses within City boundaries; such businesses could engage in retail sales, planting, cultivation, harvesting, transporting, manufacturing, processing, preparing, storing, packaging, and provision of medical marijuana. Medical marijuana businesses would be required to obtain a City business license, valid for two years, but would be exempt from requirements for any other permits, including special or conditional use permits, site plans, variances, or any other permit or certificate otherwise required by law. If not issued or denied within 45 days, the business will be permitted to operate. These business license requirements are ministerial in nature. The Measure provides no discretion to the City to approve the licensees or the location of medical marijuana businesses.

Such businesses would be allowed as a matter of right certain commercial (AP, C1, C2, C1S, TC & PDC) and industrial (MG, MP & PDI) zones, but not in residential zones. Operational requirements include: authority to cultivate a “reasonable” amount of marijuana consistent with their member patient’s needs; no operations within 600’ of a public school; no operations within 1000’ from another medical marijuana business; no minors allowed during hours of operation (limited to 9 a.m. to 10 p.m. seven days a week); no alcohol or marijuana to be consumed on, or within 50 feet of, the premises; employees/volunteers must annually pass a criminal background check; security guard patrol provided for the premises during all hours of operation; warning labels and packaging restrictions; odor restrictions; minimum client records; and possession of a commercial general liability insurance policy.

Violations of the Measure are subject to all penalties available under the Municipal Code.

If certain qualifications are met, the first eight applicants shall be granted a business license pursuant to “priority registration” status. If less than eight applicants so qualify, the City may continue to issue licenses until eight have been issued. The City may increase, but not decrease the number of business licenses below eight. Other than provided for in the specific sections of the Measure, the Measure’s provisions cannot be amended or repealed unless approved by a majority of the voters at another city wide election.

The measure provides a 6% tax on the distribution, sale or transfer of medical marijuana products, and a 1% sales tax on other tangible personal property at retail. Under current law, a 6% sales tax, if construed as such by the State Board of Equalization, may cause the BOE to terminate its contract to collect the City’s sales tax.

If competing medical marijuana measures appear on the same ballot, then in the event multiple measures pass, and this Measure receives the most affirmative votes, then the competing measure(s) shall be null and void.

This Measure was placed on the ballot by a petition signed by the requisite number of voters.

Efectos fiscales

No document was submitted.

Tax rate

No document was submitted.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

The official proponents of Initiative “V” have concluded that the City of Costa Mesa-backed Measure “X” supports the principles set forth in our initiative. While we believe that the use of medical marijuana will provide multiple benefits to those who are truly in need of such medication, we have decided to change course and remove our support for our own initiative “V”. We have done so because we believe that medical marijuana operations, including the secure manufacturing, processing and development of medicine would be best suited within the industrial and commercial zones, where further research of medical marijuana’s benefits can be conducted in a safe and secure manner. This would be more in line with the state law and would provide much needed safety to patients. With that, we are now 100 percent behind the City-backed Measure “X”.

s/ Robert Taft

Proponent/Sponsor of the Measure ”V.”

s/ Natalie Dragotto

Mother of 11-year-old child with epilepsy

s/ Randall T. Longwith

Drafter of the Measure “V.”

— Orange County Registrar of Voters

Argumento EN CONTRA

In November, the residents of Costa Mesa will be asked to vote on three measures that would regulate the sale and manufacturing of medical marijuana in the city.

While we originally were proponents of Measure V, which would allow up to eight dispensaries in the city and impose a 6 percent sales tax, we are now supporting the city’s Measure X. We are urging voters to vote no on our Measure V and no on Measure W, which would allow for as many as four dispensaries in Costa Mesa.

We support the city’s Measure X, which we believe will provide dignified and safe access to medical marijuana to individuals seeking such medication. As it’s written, the city’s initiative will be more in line with state law and we agree with the city’s Measure X that medical marijuana operations would be best suited among the industrial and commercial areas of the city.

Please join us in voting no on Measures V and W and yes on the city’s Measure X.

s/ Robert Taft

Proponent of Measure V

s/ Randall T. Longwith

Drafter of Measure V

s/ Jim Righeimer

Mayor Pro Tem, City of Costa Mesa

 

— Orange County Registrar of Voters

Refutación al argumento A FAVOR

In November, the residents of Costa Mesa will be asked to vote on three measures that would regulate the sale and manufacturing of medical marijuana in the city.

While we originally were proponents of Measure V, which would allow up to eight dispensaries in the city and impose a 6 percent sales tax, we are now supporting the city’s Measure X. We are urging voters to vote no on our Measure V and no on Measure W, which would allow for as many as four dispensaries in Costa Mesa.

We support the city’s Measure X, which we believe will provide dignified and safe access to medical marijuana to individuals seeking such medication. As it’s written, the city’s initiative will be more in line with state law and we agree with the city’s Measure X that medical marijuana operations would be best suited among the industrial and commercial areas of the city.

Please join us in voting NO on Measures V and W and YES on the city’s Measure X.

s/ Robert Taft

Proponent of Measure V

s/ Kevin Gardner

Proponent of Measure V

s/ Jim Righeimer

Mayor Pro Tem, City of Costa Mesa

— Orange County Registrar of Voters

Refutación al argumento EN CONTRA

The official proponents of Initiative “V” have concluded that the City of Costa Mesa backed Measure “X” supports the principles set forth in our initiative. While we believe that the use of medical marijuana will provide multiple benefits to those who are truly in need of such medication, we have decided to change course and remove our support for our own initiative “V”. We have done so because we believe that medical marijuana operations, including the secure manufacturing, processing and development of medicine would be best suited within the industrial and commercial zones, where further research of medical marijuana’s benefits can be conducted in a safe and secure manner. This would be more in line with the state law and would provide much needed safety to patients. With that, we are now 100 percent behind the City-backed Measure “X”.

s/ Robert Taft

Proponent/Sponsor of the Measure “V”

s/ Kevin Gardner

Proponent/Sponsor of Measure “V”

— Orange County Registrar of Voters
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