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HomeMy WebLinkAboutMC-14481 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. MC -1448 AN UNCODIFIED URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXCEPTING MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE ON MARIJUANA FROM THE RESIDENCY REQUIREMENT FOR MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES LOCATED AT SECTION 601 OF THE CITY CHARTER WHEREAS, the State of California will begin processing applications for commercial adult -use and medical marijuana state licenses on January 1, 2018 under the Adult Use of Marijuana Act (AUMA) and the Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA), located at Business & Professions Code section 26000, et seq.; and WHEREAS, the Mayor and City Council intend to enact or amend marijuana policies and regulations prior to the January 1, 2018; and WHEREAS, under the AUMA and MAUCRSA local government may regulate personal cultivation of marijuana, public use of marijuana, and tax marijuana; and WHEREAS, on September 20, 2017 the Mayor and City Council established the Citizen's Advisory Committee on Marijuana ("CAC") to assist with its deliberations regarding marijuana policies and regulations; and WHEREAS, the Mayor and City Council desire broad representation of the community, including the owners of local businesses, on the CAC; and WHEREAS, section 601 of the City Charter requires that members of boards, commissions and committees be residents of the City unless exempted by ordinance; and WHEREAS, the CAC must begin meeting to develop comprehensive marijuana policies and regulations in order to meet the January 1, 2018 deadline and to immediately develop policies and regulations on personal cultivation of marijuana, public use of marijuana, and taxing marijuana. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The Mayor and City Council hereby find that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the Mayor and City Council as though set forth in full herein. 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28'' SECTION 2. Urgency Ordinance. This Ordinance is adopted as an urgency ordinance pursuant to section 36397 of the Government Code. This Ordinance is necessary to preserve the public peace, health and safety of the City and its residents. SECTION 3. Exception from Residency Requirement. The members of the CAC are hereby excepted from the residency requirement for members of boards, commissions and committees located at section 601 of the City Charter. SECTION 4. Effective Date. Pursuant to section 36937 of the Government Code, this Urgency Ordinance shall become effective immediately upon adoption. SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause publication in a newspaper of general circulation. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20''. 21 22 23 24 25 26 27 28 AN UNCODIFIED URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXCEPTING MEMBERS OF THE CITIZEN'S ADVISORY COMMITTEE ON MARIJUANA FROM THE RESIDENCY REQUIREMENT FOR MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES LOCATED AT SECTION 601 OF THE CITY CHARTER I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held on the 18th day of October 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS X(S) VALDIVIA SHORETT X NICKEL X(M) RICHARD X MULVIHILL X NAYS ABSTAIN ABSENT GeorgeanTLA anna, CVC, City Clerk The foregoing Ordinance is hereby approved this 18th day of October 2017. R. Carey DaWenmardino , Mayor City of San Approved as to form: Gary D. Saenz, City Attorney By: (�f 3