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Home My WebLink About23472 RESOLUTION NO. 23472 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA RECITING THE FACT OF THE REGULAR MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2013, DECLARING THE RESULT AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY FINDS: A. A Regular Municipal Election was held and conducted in the City of Palm Springs, California, on Tuesday, November 5, 2013, as required by law. B. Notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the laws of the State of California, and the Charter of the City of Palm Springs. C. Pursuant to § 7 of Resolution No. 23368, adopted by the City Council on June 5, 2013, the Riverside County Registrar of Voters, at the direction of the City Clerk of the City of Palm Springs, canvassed the returns of the election and has certified the results to the City Council. The results are attached to this resolution as Exhibit A. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DETERMINES, DECLARES, APPROVES, AND RESOLVES: SECTION 1. The whole number of ballots cast in the precincts except vote-by- mail ballots was 2,051. That the whole number of vote-by-mail ballots cast in the City was 6,735, making a total of 8,786 ballots cast in the City [38.19% Voter Turnout]. SECTION 2. The Regular Municipal Election was held for the purpose of electing: a. Two-members to the office of Member of the Palm Springs City Council; b. The submission to the qualified voters an ordinance implementing a cannabis and marijuana tax of up to 15 cents per $1.00 of proceeds [Measure "B"]. SECTION 3. The names of persons voted for at the election for the office of Member of the Palm Springs City Council for the term ending December, 2017 are as follows: Ginny Foat Judy Evans Deertrack Jeffrey Nichols Christopher "Chris" Mills Resolution No. 23472 Page 2 SECTION 4. The City Council pursuant to its right and authority, ordered submitted to the qualified voters the following question and ordinance [Measure "B"]: In order to help fund general municipal services, including but not limited to such matters as police protection and YES crime suppression services, fire prevention and suppression services, emergency medical services, park, recreation, and library facilities and services, and general improvements throughout the City, shall an ordinance to impose a tax at a rate of up to 15 cents per $1.00 of proceeds on cannabis or marijuana collectives operating in NO the City of Palm Springs be adopted? SECTION 5. The number of votes given at each precinct, the number of votes for each qualified candidate and Measure "B" are attached hereto and incorporated herein as Exhibit A to this Resolution. SECTION 6. The City Council determines and declares that Ginny Foat and Christopher "Chris" Mills were elected to the office of Member of the Palm Springs City Council for the term ending December, 2017. SECTION 7. The City Council determines and declares that as a result of the election, a majority of the voters voting on Measure "B" implementing a cannabis and marijuana tax of up to 15 cents per $1.00 of proceeds, did vote in favor of it, and that Measure "B"was carried, and shall be deemed adopted and ratified. SECTION 8. The Mayor and City Clerk are hereby authorized and directed to execute Ordinance No. 1831, "AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 3.35 TO THE PALM SPRINGS MUNICIPAL CODE, APPROVING AND IMPLEMENTING A CANNABIS AND MARIJUANA TAX OF UP TO 15 CENTS PER $1.00 OF PROCEEDS ON CANNABIS OR MARIJUANA COLLECTIVES OPERATING IN THE CITY;" (attached hereto and incorporated herein as Exhibit B to this Resolution) and the City Clerk shall certify to the passage of Ordinance No. 1831, by the People of the City of Palm Springs, enter it into the book of original Ordinances, correct any non-substantive typographical errors, and cause such Ordinance to be codified in the Palm Springs Municipal Code. SECTION 9. The City Clerk shall enter on the records of the City Council a statement of the results of the election, showing: a. The whole number of votes cast in the City; b. The qualified candidates voted upon; Resolution No. 23472 Page 3 C. The measure voted upon; d. For what office each person was vote for; e. The number of votes given at each precinct to each to each qualified candidate, and for and against Measure "B;" f. The total number of votes given in the City for each qualified candidate, and for and against Measure "B." SECTION 10. The City Clerk shall certify to the adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 20TH DAY OF NOVEMBER, 2013. ATTEST: DAVID H. READY, ANAGER MES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23472 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 20`h day of November, 2013 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. MES THOMPSON, CITY CLERK City of Palm Springs, California12 EXHIBIT A M i C O V ,p Karl Vedil Rebecca Spencer Registrar of Voters Assistant Registrar of Voters *4rq IS4 a REGISTRAR OF VOTERS COUNTY OF RIVERSIDE CERTIFICATE OF REGISTRAR OF VOTERS TO THE RESULTS OF THE CANVASS OF ELECTION RETURNS State of California ) )ss. County of Riverside ) I, KART VERJIL, Registrar of Voters of said County, do hereby certify that, in pursuance of the provisions of Sections 15301, 15372, and 15374 of the California Elections Code, and the resolution adopted by the City Council, I did canvass the returns of the votes cast on November 5, 2013, as part of the Consolidated General Election in the CITY OF PALM SPRINGS and i further certify that the statement of votes cast, to which this certificate is attached, shows the whole number of votes for each candidate for elective office and for and against each measure at said e6dion,'in said City, and in each precinct therein, and that the totals as shown for said election are full, true, and correct. Dated this 12t°day of November 2013. 411 VERAL egistrar of Voters 2724 Gateway Drive,Riverside,CA 92507-0918,(951)48&7200•FAX(951)486-7272•TTY(051)897419e6 07 www.voteWomet 11H2113 9:07 AM RIVERSIDE COUNTY Statement of Vote 16 9f 30 NGwmher 5,2013 CONSOLIDATED GENERAL ELECTION CITY COUNCIL,CITY OF PALM SPRINGS 100014 Y U Ifs J U a $ a e a yyi z x a 0 W n _ 1l� K b @® c a = 7 11! = J 1000 PAW SPPo(4G5 0 41W0-vl*by MWIR1pWAq 0 M031 PALMSPPoNOS 0. 41001-VaN by Alai ROPMft 0. 41002 PAW SPFa= 0. 41902-Vae by Mall RW Vq 7 42. II1ia1nlC3ttA Turn0ut10 Pr9tltVOtar P7199ay •• 410W PAW u7P&JUS p, 4103-Vatby Myl RepaNe2 C 41000 PA SPRWW 41006-Vaab/+MRepir" 0 41M2 PAW SMWIS 21l 591 7 1012-Vat by Mai Repl40np 211 7 91 1920 PNMsmms a 1 1 7 1 102D-Vatby MWRepa6nq 26 1 41024 PALMSPPoNGS 1 11.1 11 11 41024-VOW by MA Repa0n0 1 2691 W 171 11 41W7 PAWSPP6NOS 28 21 9. 1 1 1027-VMby Mi2Repatly 27. 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P�nutTbk 2 2051 6. 11 Va by MMl Rvw"TOW, 4421 GndTo" a 38.1 RNMWO Cow* rt a 36.4 5 2M 3M11CenprNYmWIXsbkj 38.1 SMaw1Y c(sm 361 42rdA44e11*DpM01 36.1 STATESMROOFEOLNL{ZA NA MSUPERM80RKLMSSRICT 23M 39..1 284 OtydPelmsm. 961 09 EXHIBIT B ORDINANCE NO. 1831 AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 3.35 TO THE PALM SPRINGS MUNICIPAL CODE, APPROVING AND IMPLEMENTING A CANNABIS AND MARIJUANA TAX OF UP TO 15 CENTS PER $1.00 OF PROCEEDS ON CANNABIS OR MARIJUANA COLLECTIVES OPERATING IN THE CITY. THE PEOPLE OF THE CITY OF PALM SPRINGS ORDAINS: .SECTION 1. Chapter 3.35 is added to the Palm Springs Municipal Code to read: CANNABIS AND MARIJUANA TAX 3.35.010 Imposition of Tax. 3.35.020 Definitions. 3.35.030 Payment Obligation. 3.35.040 City Council Authorization to Adjust Rates. 3.35.050 Payment of Tax Does Not Authorize Activity. 3.35.060 Cannabis and Marijuana Tax Is Not a Sales Tax. 3.35.070 Amendments and Administration. 3.35.010 Imposition of Tax. Every person engaged in operating or otherwise conducting a cannabis or marijuana collective, and regardless of whether such collective has a permit pursuant to Section 9.23.15 of this Code, shall pay a cannabis and marijuana tax of 15 cents for each $1.00 of proceeds or fractional part thereof. 3.35.020 Definitions For purposes of this Chapter. A. A "cannabis or marijuana collective" means any activity regulated or permitted by Section 9.23.15 of this Code, or California Health and Safety Code sections 11362.5, of seq., as may be amended from time to time, or any other activity or business that involves planting, cultivating, harvesting, transporting, dispensing, delivering, providing, manufacturing, compounding, converting, processing, preparing, storing, packaging, or testing any part of the marijuana plant for medical purposes. B. "Proceeds" means gross receipts of any kind, including without limitation, membership dues; the value of in-kind contributions; reimbursements provided by members regardless of form; any payments made; and anything else of value obtained by a cannabis or marijuana collective. Ordinance No. 1831 Page 2 3.35.030 Payment Obligation. All taxpayers subject to this Chapter must pay the full tax imposed •by this Chapter regardless of any rebate, exemption, incentive, or other reduction set forth elsewhere in this Code, except as required by California or Federal Law. Failure to pay the tax shall be subject to penalties, interest charges, and assessments as the City Council may establish and the City may use any or all other code enforcement remedies provided in the Charter and this Code. No provision in this Code can lower the tax rate set forth in this Section or otherwise reduce the amount of taxes paid hereunder unless the provision specifically states that the reduction applies. 3.35.040. City Council Authorization to Adjust Rates. The City Council may impose the tax authorized by this Chapter at a lower rate and may establish exemptions, incentives, or other reductions, and penalties and interest charges or assessments for failure to pay the tax in a timely manner, as otherwise allowed by the Charter and California law. No action by the Council under this Section shall prevent it from later increasing the tax or removing any exemption, incentive, or reduction, and restoring the maximum tax specked in this Chapter. 3.35.050 Payment of Tax Does Not Authorize Activity. The payment of the tax required pursuant to this Chapter shall not be construed as authorizing the conduct or continuance of any illegal business or of a legal business in an illegal manner. Nothing in this Chapter implies or authorizes that any activity connected with the distribution or possession of cannabis is legal unless otherwise authorized and allowed in strict and full conformance to the provisions of this Code, including without limitation the provisions of Section 9.23.15. Nothing in this Chapter shall be applied or construed as authorizing the sale of marijuana. 3.35.060 Cannabis and Marijuana Tax Is Not a Sales Tax. The Cannabis and Marijuana Tax provided for under the provisions of this Chapter is not a Sales or Use Tax and shall not be calculated or assessed as such. The Cannabis and Marijuana Tax shall not be separately identified or otherwise specifically assessed or charged to any member, patient, or caretaker. 3.35.070 Amendments and Administration. A. This Chapter was submitted to the voters for approval. Any amendment to Section 3.35.010 to increase the Tax above the rate expressly provided in such Section shall not become effective until such amendment is approved by the voters. The voters expressly authorize the City Council to amend, modify, change, or revise any other provision of this Chapter as the City Council deems in the best interest of the City. Ordinance No. 1831 Page 3 B. The City Manager or the City Manager's designee shall promulgate rules, regulations, and procedures to implement and administer this Chapter to ensure the efficient and timely collection of the tax imposed by this Chapter, including without limitation, formulation and implementation of penalties and interest to be assessed for failure to pay the tax as provided. C. The City Manager or the City Manager's designee shall annually audit the cannabis and marijuana taxes imposed by this Chapter to verify that tax revenues have been properly expended in accordance with the law. D. Pursuant to California Constitution Article XIIIB, the appropriation limit for the City is increased to the maximum extent over the maximum period of time allowed under law consistent with the revenues generated by the cannabis and marijuana tax. SECTION 2. This Ordinance shall become effective upon adoption by a majority of the voters casting votes at the general municipal election on November 5, 2013. PASSED, APPROVED, AND ADOPTED BY THE PEOPLE OF THE CITY OF PALM SPRINGS AT THE REGULAR MUNICIPAL ELECTION HELD THE 5T" DAY OF NOVEMBER, 2013. ATTEST: STEPHEN P. POUGNET, MAYOR ES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1831 is a full, true, and correct copy, and was adopted by a majority vote of the People of the City of Palm Springs, at the Regular Municipal Election held the 5"' day of November, 2013, as appears by the official returns of said election, and the Statement of Votes Cast as declared by the City Council, Resolution No. 23472, adopted the 20t" day of November, 2013. IVIES THOMPSON, CITY CLERK City of Palm Springs, Califomia r2/oS1,to 3