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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 Laguna Beach
Measure KK Initiative Statute - Majority Approval Required

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Resultados electorales

No se aprueba

4,002 votos si (29.2%)

9,702 votos no (70.8%)

100% de distritos activos (22/22).

Shall an ordinance rescinding the City of Laguna Beach's prohibition of medical marijuana dispensaries, allowing for one dispensary for every 10,000 residents, and adopting regulations providing for administrative approval process, operator priority registration, operating standards, distance requirements from residential areas and schools, and which could allow the sale of marijuana for recreational use, known as An Initiative Measure Rescinding the City of Laguna Beach's Ban on Medical Marijuana Dispensaries and Authorizing the Operation and Regulation of Medical Marijuana Dispensaries, 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” vote on Measure KK would rescind the City’s existing prohibition on medical marijuana dispensaries and would authorize the operation of at least two dispensaries in the City.

Un voto por el NO significa

A “No” vote on Measure KK would disapprove the proposed ordinance and, as a result, would keep in place the City’s existing prohibition against medical marijuana dispensaries.

Antecedentes

No document was submitted.

Análisis del analista legislativo / Proposal

Laguna Beach City Attorney

This measure has been placed on the ballot by an initiative petition signed by the requisite number of voters. The City Council declined to adopt the measure.
Currently, the Laguna Beach Municipal Code prohibits medical marijuana dispensaries within the entire City. Medical marijuana dispensaries are defined to include any facility or location where medical marijuana is dispensed, sold or delivered.

This measure, if adopted by the voters, repeals the prohibition on medical marijuana dispensaries and amends the Municipal Code to authorize the operation of dispensaries within the City subject to certain regulations.

The measure establishes a licensing procedure for medical marijuana dispensaries and describes the information required for an application. The City cannot exercise its discretion in determining who should receive medical marijuana licenses and is required to issue a license to applicants as an administrative matter if specified requirements are met; however, the measure further provides that priority must be given to the first two applications where the applicant (1) is a California nonprofit mutual benefit corporation incorporated before May 15, 2014; (2) possesses a City business license to provide home care or therapeutic service issued before May 15, 2015; (3) maintains a California resellers license; and (4) is the owner or lessor of property at a qualified location.

The measure authorizes the City to issue 1 medical marijuana license for each 10,000 residents; thus, at least two medical marijuana dispensaries could be located within the City. The measure authorizes the City Council to increase the number of licenses in excess of this formula.

Approved medical marijuana dispensaries must be located on a commercially or industrially zoned property, cannot be on property abutting or across the street from a residentially zoned lot, and cannot be within 1000 feet of a public or private school (K-12) or another medical marijuana dispensary. Approved dispensaries are subject to regulations concerning parking lot lighting, hours of operation, visibility, and sales and consumption of alcoholic beverages, among other standards.

The measure would allow medical marijuana dispensaries to distribute marijuana for recreational use in the event of adopted statewide regulations that legalize the recreational use of marijuana.

The measure must be approved by a majority of the voters to take effect. If the measure is adopted, repealing it would require approval by the City’s voters.

Legal questions exist as to whether federal law authorizes the operation of medical marijuana dispensaries in the manner proposed by the measure because federal law makes it illegal to manufacture, distribute, or possess marijuana for any purpose.

A “yes” vote on Measure KK would rescind the City’s existing prohibition on medical marijuana dispensaries and would authorize the operation of at least two dispensaries in the City.

A “no” vote on Measure KK would disapprove the proposed ordinance and, as a result, would keep in place the City’s existing prohibition against medical marijuana dispensaries.

The above statement is an impartial analysis of Measure KK. If you desire a copy of the measure, please call the City Clerk’s office at (949) 497-0705 and a copy will be provided at no cost to you.

s/ Philip D. Kohn
City Attorney

Efectos fiscales

Laguna Beach City Manager

This measure will repeal the current City of Laguna Beach prohibition on the establishment of medical marijuana dispensaries within the City. The measure, if adopted by the voters, will authorize the operation of at least two medical marijuana dispensaries within the City. The City of Laguna Beach Finance Division estimates that the filing fees, business license tax, as well as state and local sales and use tax related to the operation of medical marijuana dispensaries would generate $5,000-$60,000 in additional revenue annually to the City. Revenues derived from the operation of medical marijuana dispensaries would be deposited in the General Fund and be available to fund general City operations and services. No additional local taxes are imposed to offset costs resulting from dispensary operations.
If the measure is adopted by the voters, the City will incur additional costs relating to the administration and enforcement of the measure, enforcement of certain marijuana-related offenses administratively and through criminal cases in the court system, and the training of City staff. Data is not available to accurately predict the total amount of these additional costs.

The magnitude of the effects on both revenues and costs would in part depend upon (1) how and to what extent the State and the City regulate the sale of marijuana, including for recreational use purposes, (2) future consumption and behavior by marijuana users, and (3) the extent to which the United States Department of Justice exercises its discretion to enforce federal prohibitions on marijuana activities otherwise permitted by the measure. Thus, the potential revenue and expenditure impacts of the measure are subject to considerable uncertainty.

s/ John Pietig
City Manager

Tax rate

No document was filed.

Published Arguments — Arguments for and against the ballot measure

Argumento A FAVOR

No Pro Argument was filed.

— Orange County Registrar of Voters

Argumento EN CONTRA

Measure KK is WRONG for Laguna Beach.
Laguna Beach residents live here because our quality of life offers residents a safe, healthy, family-friendly environment. Measure KK threatens the safety of our neighborhoods, our kids, our village and the quality of life we all expect as Laguna residents.

If Measure KK passes, it will:

     • Permit medical marijuana dispensaries to locate next to pre-schools, daycare centers, and parks

     • Make Laguna Beach the only city in the southern half of Orange County with a dispensary, creating a magnet for out-of-town people seeking marijuana

     • Allow convicted felons to operate medical marijuana dispensaries

     • Allow more medical marijuana dispensaries than Laguna Beach needs, with the potential to expand sales for recreational use

     • Prevent our City from exercising local control to select responsible operators of local dispensaries

     • Grant multiple medical marijuana dispensaries a license to operate without City review of security issues and business plans

     • Give dispensaries a “pass” on use permits required of other businesses

     • Fail to provide any additional public safety funding to help offset impacts to our community

If, as a community working together, we decide to lift the ban on medical marijuana dispensaries, we need a thoughtful plan that ensures the safety of all our residents, including those with special needs.

Join Laguna residents, parents, public safety and community leaders and vote NO on Measure KK.

s/ Laura Farinella
Laguna Beach Chief of Police

s/ Ketta Brown
Parent/Education Leader

s/ Toni Iseman
Laguna Beach Mayor Pro Tem

s/ Kelly H. Boyd
Laguna Beach City Councilmember/Former mayor

s/ Gary Jenkins, M.D.
Retired Pediatrician

No argument in favor of this measure was submitted.

— Orange County Registrar of Voters

Refutación al argumento A FAVOR

No Rebuttal to Pro Argument could be filed.

— Orange County Registrar of Voters

Refutación al argumento EN CONTRA

No Rebuttal to Con Argument could be filed.

— Orange County Registrar of Voters
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