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HomeMy WebLinkAboutRES 22-7329 (CANNABIS PETITION-CALLING ELECTION)Page 1 of 4 22- CITY OF HERMOSA BEACH RESOLUTION 22-7329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE PLACEMENT OF A MEASURE, SUBMITTED BY INITIATIVE PETITION, ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO REPEAL THE CITY’S BAN ON CANNABIS BUSINESSES AND ALLOWS BY CITY-APPROVED PERMIT UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES INCLUDING HOME DELIVERY FROM THOSE STORES AND REQUESTING THE BOARD OF SUPERVISORS RENDER THE ELECTION CONSOLIDATION SERVICES ADOPTED IN RESOLUTION NO. 22-7317 FOR THIS MEASURE WHEREAS, the City Council of the City of Hermosa Beach, at its meeting of June 14, 2022, adopted Resolution No. 22-7315, calling for the holding of a General Municipal Election on Tuesday, November 8, 2022; and WHEREAS, an initiative petition was filed on November 17, 2021, with the City Clerk of the City of Hermosa Beach, California, and signed by more than ten (10) percent of the number of Hermosa Beach voters on March 3, 2022, to submit to the voters a proposed ordinance that would repeal the City’s existing ban on cannabis businesses in Hermosa Beach; and WHEREAS, the City Clerk determined that the number of signatures, prima facie, equaled or exceeded the minimum number of signatures required in accordance with California Elections Code section 9210; and WHEREAS, the County of Los Angeles verified the number of valid signatures exceeded the required number of required signatures in accordance with California Elections Code section 9211; and WHEREAS, the City Council did not vote in favor of the adoption of the ordinance pursuant to Section 9215 of the Elections Code; and WHEREAS, the City Council is authorized and directed by California statute to submit the proposed ordinance to the voters; and WHEREAS, the City Council respectfully requested the Board of Supervisors of the County of Los Angeles to order the consolidation of said General Municipal Election in Resolution No. 22-7317. DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 2 of 4 22- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated and made an operative part of this resolution. SECTION 2. Submission of the Ballot Measure. Pursuant to California Elections Code section 9215 and any other applicable requirements of the laws of the State of California relating to the City, the City Council, hereby orders the Measure to be submitted to the voters of the City at the General Municipal Election to be held on Tuesday, November 8, 2022. SECTION 3. The City Council, pursuant to California Elections Code section 9215, hereby orders that the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal Election to be held on Tuesday, November 8, 2022, in addition to any other matters required by law, there shall be printed substantially the following ballot question: Shall an ordinance proposed by initiative petition be adopted that repeals the City’s existing ban on cannabis businesses and allows by City-approved permit up to two cannabis retail storefront businesses, including home delivery from those stores? YES NO SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed to procure and furnish any and all official ballots, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. Notice of the election is hereby given and the 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 7. Placement on the Ballot. The full text of the Measure shall not be printed in the Sample Ballot Booklet, and a statement shall be printed on the ballot pursuant to Elections Code section 9223 advising voters that they DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 3 of 4 22- may obtain a copy of this Resolution and the Measure, at no cost, upon request made to the City Clerk. SECTION 8: Consolidation with Los Angeles County. The City of Hermosa Beach respectfully requests that the election consolidation services, outlined in Resolution No. 22-7317, include this measure. SECTION 9: Filing with County. The City Clerk shall, not later than the 88th day prior to the General Municipal Election to be held on Tuesday, November 8, 2022, file with the Board of Supervisors and the County Clerk – Registrar of Voters of the County of Los Angeles, State of California, a certified copy of this Resolution and enter it into the book of original resolutions, including the Ordinance/Measure attached hereto as Exhibit “B.” SECTION 10. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run. SECTION 11. Severability. The provisions of this Resolution are severable and if any provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the remainder of this Resolution shall continue in full force and effect, and not be affected by such invalidity. SECTION 12. This Resolution shall become effective upon its adoption. SECTION 13. The City Clerk shall certify to the adoption of this Resolution. DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 4 of 4 22- PASSED, APPROVED AND ADOPTED by the City Council of the City of Hermosa Beach, California, at a regular meeting held on this 26th day of July, 2022. _________________________________________________________________________ Michael Detoy PRESIDENT of the City Council, and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: __________________________________ __________________________________ Myra Maravilla Michael Jenkins City Clerk City Attorney DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) July 26, 2022 Certification of Council Action RESOLUTION NO. 22-7329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, CALLING FOR THE PLACEMENT OF A MEASURE, SUBMITTED BY INITIATIVE PETITION, ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF AN ORDINANCE TO REPEAL THE CITY’S BAN ON CANNABIS BUSINESSES AND ALLOWS BY CITY-APPROVED PERMIT UP TO TWO CANNABIS RETAIL STOREFRONT BUSINESSES INCLUDING HOME DELIVERY FROM THOSE STORES AND REQUESTING THE BOARD OF SUPERVISORS RENDER THE ELECTION CONSOLIDATION SERVICES ADOPTED IN RESOLUTION NO. 22-7317 FOR THIS MEASURE I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 22-7329 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 26th day of July, 2022 and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE JACKSON, COUNCILMEMBERS ARMATO, CAMPBELL, MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla City Clerk DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Exhibit “A” Resolution No. 7317 - Requesting Consolidation Services From Los Angeles County [attached behind this page] DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 1 of 3 22-7317 CITY OF HERMOSA BEACH RESOLUTION 22-7317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE SAME DAY; TO AUTHORIZE THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO RENDER FULL SERVICES TO THE CITY OF HERMOSA BEACH RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 WHEREAS, a General Municipal Election has been called by the City of Hermosa Beach to be held in the City of Hermosa Beach on November 8, 2022; and, WHEREAS, a Statewide General Election to be held in the County of Los Angeles has been or will be called to be held on November 8, 2022; and, WHEREAS, it is desired, pursuant to the authority found in California Elections Code section 10403, to consolidate said General Municipal Election with said Statewide General Election to be held in the County of Los Angeles; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hermosa Beach as follows: SECTION 1: The Board of Supervisors of the County of Los Angeles is hereby respectfully requested to order the consolidation of said General Municipal Election to be held on November 8, 2022, with the Statewide General Election to be held in the County of Los Angeles on November 8, 2022. SECTION 2: The Board of Supervisors of the County of Los Angeles is hereby further respectfully requested to place upon the same ballot as that provided DocuSign Envelope ID: 0489BBA2-28BA-4F25-AAF2-5733D7D521E3DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 2 of 3 22-7317 for said Statewide General Election to be held in the County of Los Angeles on November 8, 2022, the names of the candidates for the offices of Councilmember, Full Term Councilmember, Full Term Councilmember, Full Term to be submitted to the electors of the City of Hermosa Beach at said General Municipal Election. SECTION 3: The City of Hermosa Beach acknowledges that the consolidated election will be held and conducted in the manner prescribed in Section 10418 of the California Elections Code. SECTION 4: The Registrar-Recorder/County Clerk of the County of Los Angele acknowledges that an estimate was given to the City of Hermosa Beach on the costs of the consolidated election. Should the costs exceed twenty percent of the estimation, the Registrar-Recorder/County Clerk of the County of Los Angele will notify the City of Hermosa Beach in writing. SECTION 5: The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to canvass the returns of said General Municipal Election. SECTION 6: The Board of Supervisors of the County of Los Angeles is hereby authorized and respectfully requested to authorize and permit the Registrar- Recorder/County Clerk of the County of Los Angeles to: a) Print and supply ballots for said City of Hermosa Beach General Municipal Election; b) Mail the City’s sample ballots and candidate statements of qualifications to the electors of the City of Hermosa Beach as part of the same material that will be mailed to the voters of the Statewide General Election to be held in the County of Los Angeles; c) Perform such other services as may be required for the consolidation and conduct of said City of Hermosa Beach General Municipal Election with said Statewide General Election to be held in the County of Los Angeles. DocuSign Envelope ID: 0489BBA2-28BA-4F25-AAF2-5733D7D521E3DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Page 3 of 3 22-7317 SECTION 7: The vote centers for the election shall be open as required during the identified voting period pursuant to California Elections Code sections 4007 and 14401. SECTION 8: The City shall reimburse the County of Los Angeles in full for the services performed on behalf of the City upon the presentation of a bill by the County. SECTION 9: The City Clerk is hereby directed to deliver a certified copy of this resolution to the Board of Supervisors of the County of Los Angeles and to transmit an electronic copy to the Board of Supervisors and the Registrar- Recorder/County Clerk of the County of Los Angeles. PASSED, APPROVED and ADOPTED this 14th day of June 2022. __________________________________________________________________________ PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, CA ATTEST: APPROVED AS TO FORM: Myra Maravilla Michael Jenkins City Clerk City Attorney DocuSign Envelope ID: 0489BBA2-28BA-4F25-AAF2-5733D7D521E3DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 State of California ) County of Los Angeles ) ss City of Hermosa Beach ) June 16, 2022 Certification of Council Action RESOLUTION NO. 22-7317 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD IN THE COUNTY OF LOS ANGELES THE SAME DAY; TO AUTHORIZE THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CANVASS THE RETURNS OF SAID GENERAL MUNICIPAL ELECTION; AND TO REQUEST THAT THE REGISTRAR-RECORDER/COUNTY CLERK OF SAID COUNTY BE PERMITTED TO RENDER FULL SERVICES TO THE CITY OF HERMOSA BEACH RELATING TO THE CONDUCT OF SAID GENERAL MUNICIPAL ELECTION PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10403 I, Myra Maravilla, City Clerk of the City of Hermosa Beach do hereby certify that the above and foregoing Resolution 22-7317 was duly approved and adopted by the City Council of said City at its regular meeting thereof held on the 14th day of June, 2022 and passed by the following vote: AYES: MAYOR DETOY, MAYOR PRO TEMPORE JACKSON, COUNCILMEMBERS ARMATO, CAMPBELL, MASSEY NOES: NONE ABSTAIN: NONE ABSENT: NONE ________________________________ Myra Maravilla City Clerk DocuSign Envelope ID: 0489BBA2-28BA-4F25-AAF2-5733D7D521E3DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 Exhibit “B" DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377 DocuSign Envelope ID: E7948D07-39DB-4677-932D-31088B9F4377