HomeMy WebLinkAboutAgenda Packet - December 18, 2006 - CC •
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AGENDA ITEM
TO: MAYOR AND CITY COUNCILMEMBERS
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FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
VIA: F.M. DELACH, CITY MANAGER`tiW
DATE: DECEMBER 18, 2006
SUBJECT: MUNICIPAL CODE AMENDMENT TO PROHIBIT MEDICAL MARIJUANA
DISPENSARIES
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance amending
Chapter 18, Businesses, of the Municipal Code to prohibit in all zones throughout the
City uses or operations that contravene state or federal law.
BACKGROUND
Under federal law, marijuana possession or use for any purpose is illegal. But this fact
has not stopped a number of states, California included, from passing laws which
allow marijuana for medicinal purposes. In 1996 California voters passed Proposition
215, the Compassionate Use Act, "legalizing" marijuana for medical use. Proposition
215 permits seriously ill Californians to use marijuana, provided they first obtain a
doctor's recommendation. Proposition 215 also gives doctors a legal defense against
professional or legal sanctions for recommending marijuana use. Proposition 215 put
California law in direct conflict with federal law, and thus, litigation has ensued.
DISCUSSION
The response to Proposition 215 by local governments has varied. Some cities have
adopted ordinance containing standards for medical marijuana dispensaries. Others
have banned such uses in spite of Proposition 215. Still others have made no
adjustments to their local regulations.
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AZUSA
CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: F. M DELACH, CITY MANAGER*
DATE: DECEMBER 18, 2006
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING A POLICY ON
THE PRESENTATION OF PROCLAMATIONS AND CITY RECOGNITION AWARDS
RECOMMENDATION
It is recommended that City Council adopt the attached Resolution establishing a policy outlining the
procedures for the presentation of proclamations, certificates, and other recognition awards.
BACKGROUND
The City Council receives numerous requests for the issuance of proclamations and certificates of recognition
from individuals,groups, organizations, and events of significance in our community and in the region. In review
of the City's AB 1234 and Brown Act compliance audit conducted by the City Attorney it has been recommended
that Council consider an overall policy on the procedure by which individual Council Members request official
recognition. Under the proposed policy, requests must be submitted at least three weeks in advance of the time
period for which they seek recognition in order to be placed on the Council agenda for consideration by the entire
City Council.
The only exception to the general policy above is for recognition of active military personnel being deployed, or
those on a short term leave of duty. In these cases the City Manager will process the certificates/proclamations
and notify all Council Members relative to the date, time, and location of the recognition ceremonial.
FISCAL IMPACT
There is no direct additional fiscal impact as a result of this policy.
•
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY
WHEREAS, the City council of the City of Azusa has considered a document entitled
Proclamation/Recognition Awards Policy, which contains policies and procedures which are
designed to establish uniform procedures, criteria, and identify authority which clarifies and
defines policy on this subject.
WHEREAS, the City Manager of the City of Azusa has recommended to the City Council that
the Proclamation/Recognition Awards Policy be approved and established as the policies and
procedures of the City for the issuance of proclamations and other forms of recognition to the
public.
WHEREAS, the City Council has determined that the Proclamation/Recognition Awards
Policy should be approved and established as recommended by the City Manager.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1 . Approval of Policy. The City of Azusa Proclamation/Recognition Awards Policy
as presented to the City Council is hereby approved and established as the policies and
procedures of the City with respect to the issuance of Proclamations and other forms of
recognition.
SECTION 2. Certification. The City Clerk shall certify to the adoption of this Resolution.
SECTION 3. Effective Date. This Resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF DECEMBER, 2006.
MAYOR
I HEREBY CERTIFY that the foregoirig resolution was duly adopted by the City Council of
the City of Azusa at a regular meeting thereof held on the 18th day of December, 2006, by the
following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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AZUSA
CITY OF AZUSA, CALIFORNIA
PROCLAMATION/RECOGNITION AWARDS POLICY
BACKGROUND
The City Council of Azusa receives on a weekly basis numerous requests for the
issuance of Proclamations and Certificates of Recognition for individuals, groups, and
events of significance from the Azusa community. The following will serve as a
guiding principal and policy regarding the appropriate level of recognition from the
City to any of the aforementioned individuals or groups.
It is desirable at this time to clarify and define policy on this subject. As well as
designate the City Manager and the City Clerk as the coordinators for these requests.
PURPOSE
The purpose of this policy is to establish uniform procedures, criteria, and identify
authority.
DEFINITIONS
Proclamation - An official decree awarded to local residents, organizations,
dignitaries, members of the Council, and Boards/Commissions for special service to
the City of Azusa.
Certificates of Appreciation/Recognition - Awarded at the discretion of the City
Council to recognize, congratulate or honor City employees or other individuals for
special accomplishments or services rendered.
Plaques - Awarded at the discretion of the City Council to visiting officials/dignitaries,
elected officials, individuals, organizations, businesses or to current or retiring City
employees and Council members to commemorate an event or outstanding
accomplishment/contribution.
City Wear —Awarded by the City Council to honor City employees or individuals for
their service to the City of Azusa.
Lapel Pins —Awarded by the City Council to honor visiting officials/dignitaries, elected
officials and/or individuals who are visiting or have rendered a special service to the
City of Azusa.
POLICY
1. It is the policy of the City of Azusa to proclaim certain periods of time and
recognize individuals and/or organizations for their outstanding performance in
accordance with the criteria set forth below.
2. Requests for proclamations, certificates or plaques from City Councilmembers,
City Departments, residents, and local organizations must be submitted to the
City Manager's Office by at least three weeks in advance of the time period for
which they seek recognition so as to be placed on a City Council agenda.
Requests should specify:
a. Reason why recognition should be granted; and
b. Historical information that will assist the City Manager and the City
Council arrive at a decision.
3. All requests for proclamations are subject to approval by a majority of the
Azusa City Council during a regularly scheduled or special City Council meeting.
4. All requests for certificates shall be subject to approval by a majority of the
Azusa City Council during a regularly scheduled or special City Council meeting.
5. All requests for plaques, lapel pins, gifts or awards, to visiting
officials/dignitaries, elected officials, individuals or organizations and City
employees, shall be approved by the majority of the Azusa City Council during
a regularly scheduled or special City Council meeting. The City Manager will
then request that the City Clerk prepare the request for presentation at a
ceremonial City Council meeting, special meeting or an event. The only
exception to the above will occur whenever active military personnel are on a
short-term leave of duty. In these cases, the City Manager can approve the
request prior to the subsequent City Council meeting or special event and must
notify all Council members relative to the date, time and location of said event.
PROCEDURE
1. Proclamations and Certificates
a. All requests shall be reviewed by the City Council and the City Manager
pursuant to policy 5 above.
2
b. The Mayor or his/her designee will either present the Proclamation or
Certificate at a City Council meeting or at a special occasion as
requested.
c. Copies of all Proclamations will be provided the City Council, City Clerk,
City Attorney, and City Manager.
d. A Summary Sheet outlining the particulars of the event will be given the
Mayor and/or Mayor Pro Tern when Proclamations or Certificates are
presented at a function.
2. Plaques, Gifts and Awards
The following procedure shall be used when requests for the issuance of gifts
and awards are received from City Council Members, City Departments, and
outside affiliations:
a. All requests shall be reviewed by the City Council and the City Manager
pursuant to policy 5 above.
b. Gifts/Awards shall consist of the following or comparable items listed
below:
City of Azusa Lapel Pin
City of Azusa Seal Tile Plaques
City wear awards/gifts
Other awards or gifts of comparable distinction as approved by the
appropriate official pursuant to policy 5 above.
3
Medical Marijuana Dispensaries
December 18, 2006
Page 2 of 2
It is staff's opinion that the City should uphold federal law with respect to marijuana
use, and recommends that the Municipal Code be amended to add the following
section to Chapter 18, Businesses:
"18-31 Businesses, Operations or Uses Contravening State or
Federal Law.
Notwithstanding any provision in this code to the contrary, any business,
operation or use that cannot be conducted or carried out without being in
violation of state or federal law shall be prohibited in all planning areas,
districts, or zones within the City.
FISCAL IMPACT
There will be no fiscal impact resulting from the adoption of this ordinance.
ATTACHMENTS
- Draft Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING AZUSA MUNICIPAL CODE CHAPTER 18,
BUSINESSES, ADDING SECTION 18-31 TO PROHIBIT IN ALL
ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT
CONTRAVENE STATE OR FEDERAL LAW
WHEREAS, the City Council of the City of Azusa wishes to allow various
and diverse uses of land, operations and businesses within its boundaries; and
WHEREAS, the City Council also wishes to protect the health and welfare
of its residents and visitors; and
WHEREAS, the City Council recognizes that certain uses of land,
operations and businesses may be prohibited under state law; and
WHEREAS, the City Council recognizes that certain uses of land,
operations and businesses may be prohibited under federal law; and
WHEREAS, the City Council wishes to ensure that all uses, operations and
businesses within the City are permitted under both state and federal law; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA
DOES ORDAIN AS FOLLOWS:
Section 1. Section 18-31 is hereby added to read as follows:
"18-31 Businesses, Operations or Uses Contravening State or
Federal Law.
Notwithstanding any provision in this code to the contrary, any business,
operation or use that cannot be conducted or carried out without being in
violation of state or federal law shall be prohibited in all planning areas,
districts, or zones within the City."
Section 2. Compliance with California Environmental Quality Act.
The City Council finds that this Ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter
3, because it has no potential for resulting in physical change to the environment,
directly or indirectly.
Ordinance No.
December 18, 2006
Page 2 of 3
Section 3. Severability.
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are
severable. The City Council hereby declares that it would have adopted this
Ordinance irrespective of the invalidity of any particular portion thereof.
Section 4. Effective Date.
This Ordinance shall become effective thirty (30) days from its adoption.
Section 5. Publication.
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once in a newspaper of general circulation printed
and published within the City of Azusa.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Azusa on this day of 2006.
Diane Chagnon
Mayor
ATTEST:
Vera Mendoza
City Clerk
I Vera Mendoza, City Clerk of the City of Azusa hereby certify that the foregoing
Ordinance No was duly introduced and placed upon its first reading at
a regular meeting of the City Council of the City of Azusa held on the day
•
Ordinance No.
December 18, 2006
Page 3 of 3
of 2006, and that thereafter, said ordinance was duly adopted and
passed at a regular meeting of , by the following vote of
the Council:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Vera Mendoza,
City Clerk
APPROVED AS TO FORM:
City Attorney