RESOLUTION NO. 22-0098
A RESOLUTION OF THE MANHATTAN BEACH CITY COUNCIL
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF A CERTAIN MEASURE RE-ADOPTING THE CITY’S CANNABIS
SALES PROHIBITION AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, AS CAL LED BY
RESOLUTION NO. 22-0048; AND DIRECTING THE CITY ATTORNEY TO
PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, the Manhattan Beach City Council adopted Resolution No. 22-0048, on May 3, 2022, calling a General Municipal Election for Tuesday, November 8, 2022; and
WHEREAS, the Manhattan Beach City Council also desires to submit to the voters at the election a question re-adopting the City’s cannabis sales prohibition.
NOW, THEREFORE, THE MANHATTAN BEACH CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question:
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
MANHATTAN BEACH RE-ADOPTING ORDINANCES
NUMBER 17-0024 AND 0025 TO CONTINUE TO
PROHIBIT ALL COMMERCIAL CANNABIS ACTIVITIES
IN THE CITY, AND DECLARING A CONFLICT WITH
MEASURE ___ AND MEASURE __ ON THE
NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION,
AND MAKING A FINDING OF EXEMPTION FROM
CEQA UNDER SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
Shall the measure readopting Manhattan Beach’s existing:
(1) prohibition of all commercial cannabis activities in the City; and (2) allowance of limited indoor cannabis
cultivation consistent with state law, be adopted?
Yes
No
SECTION 2. That the proposed complete text of the measure submitted to the voters is attached as Exhibit A.
SECTION 3. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast. However, if provisions of this measure and any other measure(s) approved at the same November 8, 2022 election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.
SECTION 4. That 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. That notice of the time and place of holding the election is 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 6. That the City Attorney’s Impartial Analysis of the ballot measure and the arguments in favor or against the ballot measure shall proceed in accordance with the following:
A) The City Council directs the City Clerk to transmit a copy of the above referenced measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure in accordance with California Elections Code Section 9280. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
B) Pursuant to California Elections Code Section 9282(b), the City Council, or a member or members of the City Council authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure. Persons filing arguments may change or withdraw their arguments until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. Pursuant to Elections Code Section 9287, if more than one argument is submitted for or against the measure, the City Clerk shall select one argument in favor and one argument against, giving preference and priority in accordance with Section 9287.
C) The City Council hereby adopts the provisions of Elections Code Section 9285(a) relating to rebuttal arguments.
SECTION 7. That the City Clerk is hereby directed to insert the letters of the conflicting measures into the appropriate places in this Resolution upon receiving the letter designations doe such measures from Los Angeles County.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
ADOPTED on __________, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
STEVE NAPOLITANO
Mayor
ATTEST:
LIZA TAMURA
City Clerk
EXHIBIT “A”
AN ORDINANCE OF THE PEOPLE OF THE CITY O F MANHATTAN BEACH RE - ADOPTING ORDINANCES NUMBER 17 -0024 AND 0 025 TO CONTINUE TO
PROHIBIT ALL COMMERC IAL CANNABIS ACTIVIT IES IN THE CITY, AND DECLARING A CONFLICT WITH MEASURE ___ AN D MEASURE __ ON THE NOVEMBER 8, 202 2 GENERAL MUNICIPAL ELECTION, AND MAKING A FINDING OF EX EMPTION FROM CEQA UN DER SECTION 15061(B)(3) OF THE CEQA
GUIDELINES
1 ORDINANCE NO. ____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
MANHATTAN BEACH RE-ADOPTING ORDINANCE NOS.
17-0024 AND 0025 TO CONTINUE TO PROHIBIT ALL
COMMERCIAL CANNABIS ACTIVITIES IN THE CITY,
AND DE CLARING A CONFLICT WITH MEASURE ___
AND MEASURE __ ON THE NOVEMBER 8, 2022
GENERAL MUNICIPAL ELECTION, AND MAKING A
FINDING OF EXEMPTION FROM CEQA UNDER
SECTION 15061(b)(3) OF THE CEQA GUIDELINES
NOW, THEREFORE, THE PEOPLE OF THE CITY OF MANHATTAN BEACH DO ORDAIN AS FOLLOWS:
SECTION 1. Intent; Conflicting Measure. It is the intent of the voters that, pursuant to California Elections Code Section 9221, this Ordinance conflicts with Measures __ and __ on the November 8, 2022 G eneral Municipal Election ballot and, if the measure adopting this Ordinance receives more affirmative votes, this Ordinance shall control and Measure s __ and __ shall have no effect.
SECTION 2. On November 7, 2017 , and in full comp liance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), and Adult Use of Marijuana Act (AUMA), the Manhattan Beach City Council adopted Ordinance No. 17-0024 to amend the Manhattan Beach Municipal Code and Ordinance No. 17-0025 to amend the Manhattan Beach Local Coastal Program to, inter alia, prohibit all commercial cannabis activity in all zones in th e City. Ordinance No. 17-0025 was subsequently certified by the California Coastal Commission.
SECTION 3. Re-Adoption. Ordinance Nos. 17-0024 and 17-0025, as attached hereto as exhibits A and B and incorporated herein by this reference, are hereby re-adopted in full by the voters of the City of Manhattan Beach . It is the intent of the voters to continue to prohibit, without any interruption, all commercial cannabis activities (as defined in the above -referenced ordinances) in the City of Manhattan Beach, and to ma intain the other terms and provisions of Ordinance No. 17-0024 and Ordinance No. 17-0025.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The voters hereby declare that they would have adopted this Ordinance, and each section, subsection, sub division, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. Restatement of Existing Law . Neither the adoption of this O rdinance nor the repeal of any other O rdinance of th e City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor
2 be construed as a w aiver of any penalty or the penal provisions applicable to any violation thereof.
SECTION 6. Effective Date. This Ordinance shall take effect 10 days after the date the vote is declared by the City Council, and no conflicting ordinance shall take effect prior to t he effective date of this Ordinance. The City Clerk shall take all actions necessary to publish this ordinance or a summary if required by law, and the Mayor is directed to sign this Ordinance upon its adoption.
SECTION 7. Notification. The City Attorney shall send a copy of this Ordinance and the ordinances it re-adopts to the Bureau of Cannabis Control immediately following its effective date.
SECTION 8. CEQA Exemption. The City Council’s action to place this Ordinance on the ballot and the voters’ adoption of this Ordin ance are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the ordinances re-adopted to continue to prohibit all commercial cannabis activities will have a significant effect on the environment since this represents no change from current law in the City. Since the re -adopted ordinances continue to prohibit all commercial activities and uses it will not result in changes in land use or density and will not have a significant environmental impact. Further, this ordinance is not a “project” within the meaning of CEQA . A Notice of Exemption shall be filed with the County Clerk of the County of Los Angeles in accordance with CEQA Guidelines.
SECTION 9. The City Clerk is hereby directed to insert the letters of the conflicting measures into the appropriate places in this Ordinance upon receiving the letter designations for such measures from Los Angeles County.
ADOPTED by the voters at the General Municipal Election held November 8, 2022 by the following vote:
Mayor
ATTEST:
Liza Tamura, City Clerk
3 EXHIBIT A
ORDINANCE NO. 17-0024
4 EXHIBIT B
ORDINANCE NO. 17-0025