CITY OF ALHAMBRA AGENDA ALHAMBRA CITY COUNCIL NOVEMBER 13, 2017 MISSION STATEMENT The City of Athambra is dedicated to responsive, creative leadership land qually services, ensuring desirable neighborhoods and ‘supportive. business environment, while being sensitive to the 1, Mare Cetgnol, AICP, Inein Ploning Commision Sesctary of th City of Aum, do herby ‘ety tha goog Resolion wa uly edopted by the Punniag Commission ofthe City of Alhambra ‘rela ecting thereof, eld onthe 18" dy of September, 2017 bythe fllowing vote of the Planning Commision: AYES: NOES: ABSENT: ‘MARC CASTAGNOIA, AIP INTERIM SECRETARY PLANNING COMMISSION. onQenoe nik Ph ens ADU ZI eexa & ORDINANCE NO. RESOLUTION No. 17.47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, AMENDTING TITLE 23 (ZONING) OF THE ALHAMBRA MUNIC- TPAL CODE, CHAPTER 23.57 REGARDING PERNITTING OF ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONES. ‘THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES HEREBY ORDAIN AS FOL- Lows: SEGTION 1, FINDINGS. The Cty Counc nds and determines as folows ‘A Tile-23 of the Alhambra Municipal Code sets forth the Zoning regulations for the cy. 8, Pursuant lo Government Code Section 85862 2, the Clty of Alhambca is required to ‘mand existing Chapter 2357 af the Alhambra Municipal Code regulating Acces Sory Dweling Units (ADUs") which was nulified January 1,207 ©. Government Code Section 858522 does delegate certain stardards of approval of |ADUs to local agencies, allowing the Cy to retain some leet cf local contol over {he mplomentaion of ADU. 1, The City hes determined that kis aporopriate to alow ADUS to be developed on residental zoned properties fat meet oral development standards that reflect gen ‘aly-appesbe standaras for tho zones n which ADUS vil be sed E. Tocoffetuate the determination that ADU's are allowed on residential zoned prop: ‘rie that meet bea development standards, be Cty Councl has determined that (Chapter 23.57 shall be amended to ring the regulations into alignment with Sate aw F, This Ordnance wil be made consistant with the objectives, polis, general land Uses and programs of the General Pan as the Cty is binging a General Plan ‘Amendment o be considered al tha same fima se the Ordinance fo address any inconsistencies. Per Government Code § 95852 2(C), accessory dweling nis do not exceed allouabie densly fr ths ll upon which the accessory dwaling unt located, and that accessory dwoling unts ae a residential use tha ¢ consistent ‘itn he esting General Plan ad ring designation for tm le G. This Ordinance would not be datimentalf the public interest, heath, safely, con- venience or wsfare.n 2046, the State Legislature approved two ‘Stale Law whien quired local agncies to mistrial conser ‘unit ADU’) appeals in residential zones. ‘The lgilaion consists of Assembly ae sonata pa en Cam? ADUZTA ABill 2200 and Senate Bil 1089, which togothor amended California Government Code § 5852.2. "Ths lepsiation i he rel ofa atatowice housing orl, Hing housing costs, anda shortage of affordable housing options. H. The approval of hs Ordinance is in compliance with the requirements ofthe Cal {ormia Emirnmanta Quay Act (CEQA). The Ordnance s statutory exert fom (CEQA raviow pursuant o Pubic Resources Code Section 21080.17 (Act nat apel- table ecal ordnances regulating construction af doling units and second uns") and CEQA Guidelines Seaton 15282(h) (Other Statutory Exemptions: “(he upon of an oats regarng second uns Iv sgt or retary Fesidental zane by acy or count to implement he provisions of Sections 65662.4 tnd 6562.2 of tha Gavammant Code as et forth in Section 21080.17 ofthe Publ Resources Coda” |. The Planning Commission, ater holding & pubic hearng noticed as required by lw, recommended the Gly Councl adopt ths Ordinance on September §, 2017 ‘SECTION 2, Athambra Municipal Code Chapt 23.57 fs amended to read as flows: "chapter 23.57 Accessory Owing Unite $2367.10 DEFINTIONS. ‘The four tems when used inthis cher ll have the meanings provided inthis sacton: ACCESSORY DWELLING UNIT or ADU vil have the meaning eat rth In Government Code sacton ‘5852.2 wan lan stad ora delachd resent dveling nt whieh provides completo do pndent ing facie for ne or more person, ard incudes permanent provion fr ng. lee, ning, cocking (2. stove rolngoratr ana sr), and sanfatin (le, batvoor wih shower batt) ‘nthe same pool a he srglo‘emly anolngestuten. An accessory dveling unt also eles the {Glowing an etlcency a as defied Hoan ana Satay Cade action 179084, and (2) a anutac- turod nom, as etnedm Heath and Salty Code ection 1907. ATTACHED ADUtweans an ADU hati tached to th exiting engl fal eeling unt. (CAR SHARE VEHICLE OPERATION moans 3 subeipon ee momborsle src thal provides suse ‘le resartions for an adiiona fe to Re members or an hey anor daly esi DETACHED ADUmsens an ADU nae detached fom te evs sngeamly dling unk INTEGRATED ADU nga a ADU ata ocala wii te Ing aoa of te exiting saga Ingun# ora conversion ofan exiting garage. Foran ADU nth ung ave of an exists alin Un tho entry tno ADU ena be off of share foyer o fom tha ouside, nol rm he main vn porbon io ustng owen une PUBLIC TRANSIT means 2 fd tus rut wth regular save covteg a sian portion ofthe cy ‘halls ote subecipion sees. Fr purposes a his defn, "Yeguar servew’ mean service proved ‘nae out treughout the working day, ona yearsound bast, a pat ofa mass rant stm{§2.57.020 PERMITTED ZONES AND LOTS. (A) ADUs are pert any on agate wih an iting singleamiy ederce orn conjunction ‘ih &propored ego tamiyrsisanc nthe Ret (Sngle-araly Reader) Zane, R2 (U- ed uliple- Family Reso) Zon, and R (ullpe--amly Resident) ZN (©) An ADU may ont be constuced on algal ito 8500 square feet ot mere tat conforms to {he ot aoa, wah and doth rqulerens and ther development standards of te wndeng Zino, Ha lapal let ose nt corto fo on or more fequremonts th coe, ah ADU May ie contuced on heat the nancorformty does nt aoe in whoa orn pat om 8 lack ot covered pang. (©) On ene ADU is pemited on aot (©) ANADU shall note counted as a "uni for density purposes but shall be counted as 2 "unt for purposes af complance wih State awa snd roquremeis §2367.090 REVIEW PROCESS. (A) Foran attached or detched ADU, an aoplleon and foe mat be fed aczrsing tothe apa table poisons of the underhing Zone. The apteation shal be roiewed and spproved by tho Decor bated on compliance wih fis chaplor andthe aporoval shall be conicored 3 Zoning Gosranco aoe fon Chapie 23.08. The ADU must be dosgned tobe compte ‘sth hemaindvelng Unt Inducing, as applade, ba use oth same general arches, ‘Same extrormaerida, sme or smiar oof covert, same or complementary extrorelors, find the same ors archtatural esas sna ote fatres as fe man cling un The [ADU must sthewizo mos the design lana tet orth n Chapter 25.44 of Code, and ‘the deion elements ofthe apleaton shal be subject othe same review process m6 any ppl nthe undoing zone. (©) Foran integrated ADU that has independent exterior acces trom the existing reskence, and ‘de and ea setbacks that ae ufc forte sett, an appiton must be ed according tothe appleble provision of he Underyng tone and approve by the Decor bated on ‘ampioe wh ths captor. (© Upon approval of an ADU bythe Diecer, he appar shal have a pore of one (1) your to ‘tbr bullg plane and ahr naooesay ple tote bldg department. No ADU may be ‘anata ut ha bung Geparmnthasiesued required perma an approvals necoesery forte proposed constuction '§29.57.40 UNIT GIZE AND PROPERTY OEVELOPMENT OTANDARDS, ( Thefotowing Sze its apy (9) ANADUmay nt excned 50% of he square footage of the main voing unter 1200 ‘sunre fot nares, whichover ise(2) AVADU must be staat 40 square fet, (@) property owner may not designate th existing unit 26 ro ADU and propose anew lager un a be man dueling unt. This ation shal rot apply where an ing Unk is nthe back half of algal thal ants ote davelopmantsandards of the Sndoring20ne andthe applen! proposes to constusts lager unt In font tthe ‘ring unt Al propor development sander or inate a or loch ‘rete shat py to thera ager Unt (8) _Thefolowing property development standards spp ()-ALADU may be placa enywhace on a residerti ota ong as the placerent of the ‘ADU meats al development standards ofthe underyng zone, except se specially Satins nt apo, (2) Themimum fon, se and roar slback th underying 2008 apply to an ADU thoy do to any ether aceasstysruclre. Notihstanding te goneel appa Setbacks to ADUS, ro soack ll be requres fr an exsng garage that corweted to an ADU. as compared to an ADU proposed io be alached fo a garage, to which Sobbade of the unaeying zoe appl. For both Intgrstas ADUs located i former Garages and ADU alached io garage, an accoas path on ADU's erty ay ullze the vain dveway prt bu st bo eal aeparaed and have leant delgn ‘Component separate frm the cvs (@)_ARADU may nt caus tho overal development theft to exce0d the Reo a (FAR) forthe appleable zone, rato 6 ANADU may not osu he overall development of tho lt to excad the maximum lt overage standard forte apoleable one, Tha epan apace aea onthe lt shel be commonly aesetsble (bolt the mals unl andthe ADU unless atherwise approved by the Drestr, (8 ANADU may ne voat the minimum stance belweenbuldngs sander or the ap plese zone (An atachod or detached ADU must havea fence meeting the requirements fr the ‘Sppleabie sone pul place along the is andrea property Tee nearest to suc $2957.80 OFF-STREET PARKING. Nottstanding Chaptor 2352, he folowing parking regulations govern edeltnal parking reque (8) Number. The paring requrement fran aac or dsched ADU ia one opan or enclosed Paling space er bedroom For pupoaos of he secon a sud unt shal sauna having be becom(®) Location, Required pang spaces may be provided as tandom parking onan existing drive. way, Oltarat paring pried in elec areas In lvatone determined by te ct through tandem patting, unless specie lndge are rade that parang In solback eres oF tandom parking enol teas based upon spastic ae or rogioaltopographeal ore ad Mo seat condone (©) Aninisrated ADU tha places the main doling unit's exiting gerage shal not cause the ‘point to have lo coatus placement covered paring forha maint Main ont parking Ttst be replaced at a antorne rel, bl meY be uncovered and provided fn tanger oor wihin the cer pat of accon oan ty doo ahs nogratod ADU. (©) Exemption. No parking is requ for an ADU in any of he lowing instances (1) The ADU located wihin oneal mie ofa public tans stp or satin. (2) The ADU e located ona pare! hatha been desgnata ona loa, late, or rations! regiter ofa place oasis, ® ADU i iterated ADU. (2) When ere i a car share vehicle operation parking hub or tation locate within one Boe he ADU. 5 2357.060 OWNER-OCCUPANCY REQUIREMENT. () Tre appteantforan ADU must bean owner occupant of he eneting resident unt. (®) Upon approval fan ADU appliain, «deed ration tha provides the folowing mus be recorded with the Canty f Los Angas Halve cceupancy ad he declaration ul be Bhd Ing onal tre amore ofthe parent (2) Ether the main vlog unt or the ADU wil be occupa bythe propery oeer Tye AOU may netbe selé separaly fom ema ting nt an unig a (©) The unt not occupied ny te peepety onner may nat be rented fo {han 30 days at ate, pede of toe Netwthtandng any aha provisions of his code, a detached ADU may na exceed the height of the fhistng Yeisen and may only eons a he try.§2557.080 CODE COMPLIANCE, The ADU must comply wih a curenly- applicable bulng, neath and fre codes, excopt that an sitached or tegratod ADU ent roses fo pron te sprints sre nol requ for ‘hema dering ut §2357100 GOMNON ENTRANCE. ‘An altace or ntgratad ADL may be serv lor by a carmen entrance wth the main dling tnt ora separate entrance fo the ADU, wich must 9 lead on te sie eat the rear of the ma ‘Suong unt No ADU wil be rogue to provde anew passageway rom the ADU tothe eveat. §2as710 UTES ‘An ADU aha be saved tar by separate moter or water, lace, and gas tone orb the min ‘Sung wits mete. An ADU sewer eavica may te provces trough to maln evang uns ‘sewer the, povided thal he apaticat makes «shoving thatthe aust sowor ine has stelon “apacty ane shope to ure proper ow eerath forthe ADU's sewer outpu I suiont capacity {na soe cannot Ge ensured, an ADU may lie sparse seve ine SECTION 3, Severabily I any section, subsection, subdivision, paragraph eentence, ‘lause oF phase, or portion of this Ordinance is, for any reason, held to be unconstitutional ot inva or infective by any cout of competent jurisdiction, such decson shall nt affect the va dey or effectiveness of th remaining portions ofthis Ordinance or any part thereof. The City Coun hareby dacares tha it would have adepled this Ordinance ard each section, subsection, ‘subelvsion, paragraph, sentonco, clause or phrase of his Orchanco iespecve of te fact that ‘one of more sectons, subsections, subdisions, paragraphs, entences, clauses or phrases be ddeciared unconstiutenalorrvals or ineflctv Ta ts end the provisions of ths Ordinance are declared tobe severe ‘SECTION 6. Publication. Tho Cty Clerk is drectod to cori to the adoption ofthis Oral race an publish in accordance vith la, PASSED, APPROVED, AND ADOPTED this__day f_, 2017ATTEST: is, Cy Gia APPROVED AS TO FORM “osephi ortes ‘ity Atorney STATE OF CALIFORNIA) COUNTY OF LOS ANGELES —) as CITY OF ALHANBRA ) |, Lauren Myles, Cy Clark of the Cy of Ahambra, County of Los Angele, State of Calflora, Rereby atest to the above signature ard cartly that Ordinance No, was adorted by the Oty Counclof the Gy of Alama ala rogular meeting of said Gourd Feld on tho day of 2017, byte folowing vate: AYES: Councimembers: NOES: Councimembers: ABSENT: Councimembers: iy Cai Lauren tyes City of Alhambra, Calferia) 1 RESOLUTION NO. 17.47 A RECOMMENDATION OF APPROVAL OF ZONE TEXT AMENDMENT ZITA 7-1 FOR AN AMENDMENT TO TITLE. 23 (ZONING) OF THE ALHAMBRA MUNICIPAL CODE TO ALLOW ACCESSORY DWELLING UNITS *ADU) IN ‘ALL RESIDENTIAL ZONES SUBJPCT TO PROPOSED DEVELOPMENT ‘STANDARDS. “THI FLANNING COMMISSION OF THE CITY OF ALHAMIKA DOES HEREBY R= SOLVE AS FOLLOWS: SECTION 1, BINDING OF FACT. The Plnning Commission does hereby make the following flings of et A. OnSeptonbee 27,2016, nan effort oars the Sate's ening housing eins, Goveror Brown ‘gue Assanbly Bill 299 (Bloom) and Senate Bil 1069 (Wieekown) nt nw, whch amended ‘Goveranent Code Seton 658522 governing Accesary Dwelling Unis, 1B On September 27,2016, nano to aden the Sines ongoing housing sii, Governor Brown Signed sembly Bill 2299 (Bloom) snd Senate Bil 109 (Wiese) nto lw, which ended ‘Government Code Section 658522 governing Accesnry Dwelling Units ©. On September28, 2016 Assembly Bill 2406 (Thurman vas approved by Goveroe Brown, whieh tthorzes «lca agency to owde forth tation of unr Acsessery Duling Units GADU) by arcane; D. Pursuant to state law, the City of Alhambra i requked 1 amend existing Chapt 23:57 ofthe Alhambra Municipal Cade rogulating Accessory Dwelling Units in oder to bring the regulations ‘nto aligaent wi SBIOSD and AB2205; —Imanetforio comply with state requtemons an amendnent regulating Accusory Dvling Unite inalignment wih the above notod sine lepton x proposed and aac hteto 4s Exhibit A ot ‘his esoton replace Chapter 23.57 ins eatiey, F. The project was reviewed pursuant othe provision ofthe California Bnvrommental Quality Act (CEQA). Tisprojetis exempt fom the provisions of CEQA per Aric (9: Stttory Exemptions, ‘Seeton 15282: The adoption of on oinance reading second unin asnge-farily oral ‘amily resident zoe bya city or couety to implement te rovisions of Setions 634521 and £65852. ofthe Goverment Code a Toh in Soon 2108.17 a he Pub Restes Cade, G. On Sept 18, 207, duly notice publichensing was ld befor th City of Alara Pat ‘ing Commissions 7.05 pa. tthe Cay Hall Coun Camber, 1] South Fs Stet, Alan, ed 1. Athi hesngs the Pain Commission considered the sa ep, sal presentation, sppicnt wesentation, an pub testimony. 2.9 Mi Cin yp Feat RST NO AeSRCTION 2. VIRONMENT? Beso upon the Natis of xeon prepazed fr te project, he Planting Commision Tater fads and deers 0 flows: ‘A. A\Notce of Exemption for his projet was prepared in compliance with the California Environ etal Quy Act (CEQA, B,This projects exempt tom the provisions of CEQA per Atle 19: Sattry Exemptions, Section 1528204): The adoption ofan oinance regarding seond units na single-family or mukifaniy reset 2one bya ty or county fo impenen he rowsona ot Seton 6521 ana 94322 ‘ofthe Goverment Cade set fora Sedan 21080.17 of to Pubic Resouces Code, C.Thedocumenisand ote sai tht ons he ecordof proceedings upon which the deison ‘ofthe Pinning Commission is based is Zope Text Ameadnem ZTA-K?+1 a that his project le is oes within the Development Servies Depsrtnent and 1, ‘The Pauning Commission basd upon he findings set fc eri, hereby fins the Noto of Ex ‘emption defied in Ebi fortis project as ben prepare in campos with CEQA, SECTION. ZONE TEXT AMENDMENT EINDINGS. Based won the foreging Ines ond findings (Gestion 23.74/30 ofthe Alambva Municipal Cade) for Zoe Text Amendment 2TAC(7-, the Plain ‘Corson here determines ws flows: AL Theproposed amendmen i consistent vith objectives, police, eneal land wes and programs ofthe Geral Plan ‘The proposed amendmen! consistent withthe objectives, police, general land ses and programs ‘oft General Pla. Por Goverament Code § 658522), aces dwelling unis dont nce Allowable deity fb the lt upon which tho sccossry dialling ui Toso and that asesary “veling wits we resident Gat scone wih the existing General Pan ad zoning, ‘Esgnation forte. B.The adoption ofthe propased amendient wold ot be detrimental tothe publi interes: “The adoption ofthe poposed wmendiest wil tbe detrimental to the publi ines. "The pro sed aendieat is bsg eared aut in response fo Califia Goverment Code § 658522. In the State Legsature approved vo emtodeats Sat Lav which required local agencies {to minis censideracessry éveling unit ADU") applications in residential zones. Tae legislation conta of Asenhy Bil 2299 and Seat il 1069, which ogether amended Califo ‘Goveennent Code § 688522. This legislation iste set ofa statewide housing ess, ising owning cost anda sboetage of fords housing options SECTION 4. NOW THERRFORE, BE IT RESOLVED, by the Planing Commission of the City of ‘AllCalo fallow “The Planning Commision econmens approval of ax Ordnance tothe City Coun for Zoe Text ‘Amendment ZTA17-1 fran Amendment Tite 23 Zoning) ofthe Abana Manipal Cole to flow Acoesory Dweling Unis ADU" inal reside one sujet a proposed develope “Sonne faced vt it A “om eens ng Pn Coiled Sa IPERSCLUTONND 4 ADUZTA ee ”) H PASSHD, APPROVED AND ADOPTED THIS 188 DAY OF SEPTEMBER, 2017 PLANNING COMMISSION STATROF CALIFORNIA) COUNTY OF LOS ANGELES) (CITY OF ALIIAMBRA ) |. Mare Casto, AICP, Incl Planing Commision Soret ofthe City of Alhambra, do beteby cy that forging Reolton vas daly adopted bythe Planing Comeison ofthe City of Alka at ‘egulr meetg thereof, beld on the 18 dey of September, 207 by the following vote ofthe Paming Commission: AYES: AERGG, OUMKER, CHAVIBA, QUNKEL-SOTO, SUENTHARD, IALOWEY, RAZA, TSE, GARCIA ons: none Apsext: HUAN mwas Hn Cnty Retr RSET ADEECITY OF ALHAMBRA Cee "AGENDA REPORT CITY MANAGER APPROVAL: DATE: November 13, 2017 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Joseph Montes, City Attorney ‘SUBJECT: PROPOSED EXTENSION TO MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES RECOMMENDATION: Itis recommenced that the City Council adopt the proposed urgency ordinance, which implements @ ‘one year extension fo the moratorium on non-medical marijuana facities and private marijuana ‘utivation that was adopted pursuant to Ordinance Nos. O2M16-4707 and O2M17-4708. This interim urgency ordinance requires a four-fihs vote of the City Counel for adoption, DIScUSSION Under Ordinance Nos, O2M16-4707 and O2M17-4708, the Clly has enacted a temporary ‘maratorium pertaining to private marijuana culvation and non-meclcal marjuana facts. (See ‘Atlachment A.) This moratorium wil expire on December 11, 2017 Calfomia's marijuana laws have undergone significant changes in the past two years, including further legislative amendments that were adopted subsequent to the Cis enactment of Its moratorium. These changes have included the following: + On October 9, 2015, Assembly Bils 243 and 266 and Senate Bill 643 (collectively, the "Medical Cannabis Regulation and Safety Actor ‘MCRSA’) were enacted to create a state regulatory and licensing system governing the cultivation, testing, and distribution of medical rmarjuane, the manufacturing of medical_marjuana products, and physician’ recommendations for medical marjuana. MCRSA expressly preserved local control over ‘medical mariuane feciities and land uses, including the authority to prohibit medical ‘marjuane facies and culation completely + OnNovember 8, 2016, the voters ofthe Sate of Calforia approved Proposton 64, ened the "Control, Regulate and Tax Aduit Use of Marijuana Act’ (the *AUMA’). Under Proposition 64, individuals may possess and use spaced amounts of marjuana and may ‘ultvata upto six marjuana plants per private residence. Under Health and Safety Code ‘section 11362.2(b, cities may prohibit prvate outdoor marijuana cutvation, but may not prohibit completely private indoor culvation of six marjuana plants orless. Ces, however, ay reasonably regulate private indoor cultvation of six marijuana plants or less.Proposition 64 also established a regulatory system for commercial marijuana businesses commencing at Business and Professions Code section 28000. Under Proposition 64 Fecreational marijuana cultivators, manufacturers, dstbutors, retalers, and testing laboratories may operate lawfully if they obtain a state license to eperate and comply with local ordinances. The state wil rot issue Foenses if the proposed marjuana business Violates a local ordinance. Business and Professions Code section 28200, which s pat of Proposition 64, expressly recognized the ably of cities to completely prohibtall recreational ‘marjuana busineseas of to regulate such businesses, + On June 27, 2017, the Governor signed Senate Bill 94, which repealed MCRSA and inckided provisions from MCRSA regarding medical marjuana in the AUMA, so that the regulations governing both medical and non-medical marjuana were contained under one regulatory structure. Senate Bill 84 renamed the AUMA as the Medicinal and AduitUse Cannabis Regulation and Safety Act (MAUICRSA\), In adton to consolidating state las regarding medical marjuana end adultuse maxjuana, Senate Bil 9 introduced more Unform terminology. Senate Bil $¢ revised references in existing law to “marijuana or “medical marjuana’ to instead refer to “cannabis” or ‘medicinal cannsbis", and revised references fo "nonmedical to "adultuse.” + On September 16, 2017, the Governor signed Assembly Bill 133, which futher revised MAUCRSA's provisions regarding marjuana deliveries, the stat licensing of marjuana businesses, and marjuana taxation Since the extension of the moratorium, the City has studied the issues related tothe regulation and control of marjuana businesses. In ight ofthe recent changes to state marijuana lav described above and the pending release of state mariana regulations, which is anticipated in November, 2017, City staf needs additional time to research options regarding potenial permanent ‘mariana ordinance and to receive direction from the City Council. A moratorium extension wil help the Ciy avoid the potential adverse impacts of non-medical marijuana facities end private ‘mariana cutvation that may arise as the Cy develops such permanent regulations. Government Code section 85858 authorizes the adoption and extension of an interim urgency ordinance to protect the publichealth safety, and welfere, and to prohibitland uses that may confi vith land use regulations that a city’s legislative badias are considering, studying, or intending to study within a reasonable time. Here, the extension wil allow the City more time to protect pubic health, safety, and welfare while the City Council evaluates its options for permanent marijuana regulaiions. (See Allachment B.) The proposed urgency ordinance to extend the moratorium for ‘one year continues the folowing three temporary restrictions: 4. Al commercial non-medical majuana businesses that require & license under Proposition 64 wil be prohibited while the interim urgency ordinance is in effect. This temporary prohibion ‘wil apply to recreational manjuana cultivation, manufacturing, clstrbution, testing, and retal sales 2. All private marluana cultivation willbe prohibited except that an individual may ‘cultivate no more than s0c living marjuana plants inside his or her private residence, or inside an accessory stricture to his or her private residence located upan the grounds of that private residence that is fully enclosed and secured against unauthorized ent, provided that the owmer of the property provides writen consent expressly allowing the ‘marjuana cultvation to occur, the person conducting the marjusna culvation complies wath all applicable Bulelag Code requirements set forth in Chapter 16 ofthis code, tharo is no Use of gas products (C02, butane, propane, natural gas, etc.) onthe property for purposes‘of marijuana culvaton, and the marijuana culivation complies wih Health and Safety Code Section 11362.2(a)(3). Health and Safety Code section 11962.2(a)(3) provides thatno more than six marijuana plants may be cultvated at o upon the grounds of a private residence at ‘one time. 3, Nonmedical marjuana businesses, including nonproft businesses, are prohibited from delivering marijuana to people in the Ciy, except in accordance with Business and Professions Code §26054, Tis interim urgency ordnance requ fourths vote for adoption, approved by a fourths volo, the moratorium that was adopted on December 12, 2016, and extended on January 23, 20 Vaabe otndesforanahoryesrtilbeconbor 2018 Wh ilar ugerey rdnance in effect, City staff wil continue fo undertake a comprehensive review ofits policies and potential ‘regulations regarding recreational marjuana businesses and private marijuana cultivation night of Proposition 64. (See Altachment C,) ENVIRONMENTAL REVIEW “The proposed interim urgency ordinance is not subject tothe California Environmental Quality Act (CEQA) pursuant to the State CEA Guidelines, California Code of Regulations, Tle 14, Chapter 3, ‘sections: 15060(c}2) (the actvty will not resuit in a direct or reasonably foreseeable indirect Physical change in the environment), #5060(c)() (the activlys nat a project as defined in Section 415376}, and 15051(6)3), because the actity is covered by the general ule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed ordinance maintains the status quo and prevents changes inthe environment pending th Completion of the contemplated municipal code review. Because there is no possibly that this drdinance may have a signifcant adverse effect onthe environment, the adoption of tis ordinance is exempt from CECA. ATTACHMENTS: A. December 12, 2016 and January 23, 2017 Staff Reports 5B. 10Day Report © Urgency Ordinance No. O2N17-4725,Yor No. _ I CITY OF ALHAMBRA ee ‘AGENDA REPORT coon cary MANAGER APPROVAL Aol re inet a orb Cord SUBMITTED BY: Joseph M. Montes, Cy Atloriey SUBJECT: PROPOSED MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON-WEDICAL MARIJUANA FACILITIES RECOMMENDATION It is recommended that the City Council adopt @ proposed urgency ordinance O2Ni0-4707, tslablshing @ 45-day moratorium on nan-madical marijuana facies nd private. marijven taltvation, except or private indoor cutvaion of skmaruana plants ories, which shall be subject to reasonable regulators, This interim urgency ordinance requires « fourths vote ofthe City Cotnel for adoption BACKGROUND; COnNovember 8, 2016, California voles approved Propesiton 64, known as the ‘Control, Reguate land Tax Aduit Uso of Marjuana Act". Propositon 64 alloys indivduels to possess, use, and Cultvatoreereatonal marjuana in certain amounts. An inhidual may possess upto 28.5 grains of Fon-concentrated majuana or 8 grams of marijuana in @ concentrated form (e.., marjuane baits). In addon, an indhvaual may oulvato upto si marijuana plans at his or her private Fesidence provided that no more than ax plants are being cuvated en tho property at one tine. ropositon 6¢ also estabilehee a regulatory system for commercial businesses that is very sir the medical mariuana yegustoy system that the stato lgisleture created last year. Under Propasiton 64 recreational merjuana culivtors, manufacturers, distributors, retailers, and testing faboratorioe may eperal lal they obtain a state Feonse to operais ahd comply with local ordinaneas. Proposition ¢4 dove nt intoeal police power authority over commercial marijuana business and fang usee, tos may pofibi such busines copoly hey se choose. With roger privato cultivation, howevor, there fs one important nation on local poles power. Ces may ban private outdoor marjuana eulvalon, but they may not completely ban private indoor cultivation of six mariana plants orl. Propostion 6 provides that private Indoor cuvation of sic marjuans Planta or lass is lawful under both slate and local law and is only subject to “reasonable” local Fogulatons, ‘Tho California Department of Consumer Affairs, Dapartnont of Food and Agriculture, and Department of Public Heath are reeponable under Proposition 64 for lsuing stata icensos to ATTACHMENT A‘commercial recrtional merjuana businesses. No marjuana business can operat withouta sate Tcense from one ofthese agencies, which are currently drafting rogulations that wil gover ther ‘eepective areas of responsibly, Based on the latest information we have from the stato, these ‘agencies will nat be ready to issue any stale marjuana icenses untl January 2018 Despite that lengthy tmtrame for stato marijuana licenses, thers is anced for urgent action by the Gity Counc, Muniipal Code secon 288500 curert prohibits al medical marjuana business=s ‘and all marine cultvaton Inthe City, but the Municipal Code does nat expressly address feereational mariana businesses. Staif anticipates that Proposition 4 will encourage the €slabishment of various recoatonel marjuana businossesin the City. While uncerees marijuana businesses would be uniowful under stale aw and therfore prohibited uncer the Cys general public nulsanos standards, express reguatons wil make enforcement easier and minimize the Potential for confusion regarding the Cilye marjuana polices. This wil in tun, decrease the potential for unnecessary nuisanee abatomentligation. This Ie significant bacausomary California ties have experianced negative seconcaryelfects from medical merjuana businesses, including Gispensarios, culation fects, and delery services, as demonstrated by te attached 2008 latte paper fom the Calforia Police Criofs Association (Attachment 1), tho 2014 mernarancum {tom the Santa Clara County Distiet Allomay (Attachment 2), and various news stores from throughout the county (Attachment 3) In adation, express Municipal Code regulations ere necessary to provide clear guidance to the pubiregarding the scope ofpermielble private cutvation. Proposition 64 cok effetimmedistoly Upon voter approval. Staff anticipates thet many individual wl now begin to cultivate maruana at {for private feidences..in light of Propositan 64, the Cy can no longer enforce is existing rmariana cutivaion ban against private indoor cultivation of sic marjuana plants or less. Such Unopulated conduct could have exgnficant adverea Impacts forthe Cy. As demonstrated inthe fatachments fo this staff report. Indoor marluana culation sites aro often associated with lege! fonstuction, haphazard and uneefe oloorcal wig, olecrcty theft, fires, mold and fungus probloms, diversion of puble water, polluion of waterways, and excessive water Use Permanent regulations wiltake time, Based on existing case aw, the City Council should treat the Fegulaton of marjuana businesses and cutvation as a land use issue. The Cy, therefore, must follow Government Code socion 65958, which requires aneticed public eating before the planning ‘commission and a naticed publle heating before the Cy Coun, During the time it takes to ‘compete this process, the Cty could experience significent adverse impacts from unlicensed ‘ecrecional marjuana buelnesees and unregulated private marjuana cultvation. For this reason, an interim urgency ordnanes is appropiate. Government Code section @S058 Authorizes the adopllon of an nterim urgency ordnance to protect the public heats, safety, end ‘wolfare, and to prohibit land uses that may confit with land use regulations that acy’ leisative Bodies are considering, studying intending fo study within a aasonable fme. Here, an interim traeney ordnance wil allow the City to protect pubilc health, safety and welfare while the Cily Gounel evaluates ts options for permanent marjana regulations. The proposed interim urgency cdinance imposes the felling tree temporary rections: + Acommercial non-ediea! marijuana businesses tha requie a lense under Proposition 64 wil be prohibited while the Irietim urgency ordinance Is in effect. ‘This temporary prohibition wl apply fo recretionelmarjuara culation, manufacturing, dstbullon, testing, fd rota sles,+ Allprvato marjuana cultivation willbe prohibited exoopt that an individual may cuivate no fore than six ling iarjuana pints inside his or her private residence, or inside an ‘Beoassory structure this or her private residence located upon the grounds ofthat private Tesidenos that i fully enclosed and secured against unauorized entry, provided that the ‘Owner ofthe proporty provides writen consentexpresslalowing the mariuana cutivaion to ‘Secu the pereon conducting the marjuan culation complies wth all apiosble Buing ‘Code raquremente stort in Title 15 of the municipal code thereis use ofgos products (Co2, butane, propana, natural gas, ele) on the property for purposes of merjuana ‘tivation, and the mariuana culivaion complies wih Health and Safety Code section ‘{1302-2(6}(@). Heath and Safely Code aston 11962.2(2(9) provides tat no more than 90. ‘arjuana plants may be eulvated ator upon te grounds fava residence at one time + Non-medizal marijuana businesses, including nonprofit businesses, are prohibited from delivering matana to people in the Cty. Iv approved by a four-fifths Voto, the interim urgency orinanca wil be effective for 46 days. Aor previding noice and holding = publ hearing, the Cy Counc), upon a fourfihs vote, may extend {he itor urgeney ordnance for 10 monthe and 15 days. The Cly Counc!l may subsequently ‘oxiené th nti urgency ofdlsance for en edétional year. Wile the interim urgency erdinance ls in foc, the Cy wil undertake @ comprehensvo review of ts poles and potential reguiations regareing recreational marlusna businesses and private marljuana culvation night of Proposition 4 EVIEW “The proposed urgency ordinance isnot subject the Calfornia Environmental Qusiy Act (CEQA) pursuant te the State CEQA Guidelines, Calforria Code of Reguitions, Tile 14, Chapter 3, Becfions: 15060(0\(2) (he activity wil act result I a diect oF reasonably foreseeable indirect ‘hyseal change in the envirenmen); 15080(0\) (Pe activi is nota project as defined in Section {15578}; and 1806 (2)(3), because the actly is covered by the general née that CEQA apples only {o projects which have the potential for causing a significant effect on the environment. The proposed ordnance maiatane the status quo and prevents changes inthe envionment pening the Completion ofthe contemplated municipal code review. Because there is no possibly tat this frdinance may have a significant adveresefocl onthe environment, he adoption of this ordinance Is exempt rom CEQA.ORIGINAL ORDINANCE NO. o20816-4707 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, ADOPTING A MORATORIUM PERTAINING TO PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES ‘THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings A. As se forth in Municipal Code section 23.86.010, the City of Alhambra City’ prohibits ‘medical marjuana dispensaries In all Cty zones, Under section 23.04.529, medical ‘marikiana depensaries are defined as any “any ste, faciy, location, use, cooperative or business, Including vending machines, which distributes, sells exchanges, processes, livers, gives away, or culvates marjuana for mecical purposes to quale patents, healthcare providers, patients’ pmary caregivers, or physicians." B. On November 8, 2016, the voters of the Stato of Calfornia approved Proposition 64, enitled the "Control, Regulate and Tax Adut Use of Marjuana Act” C. Proposition 64 legaizes and regulates recreational marjuana in Calfomia. Proposition 164 requires recreational marjuana businesses, including cultivators, manufacturer, dtributos, reales, and testing laboratories, to obtain a state tense in order to ‘operate tafuly. The state wll nat Issue leonsos Ifthe proposed recreational marijuana business violaes 2 local ordinance, The state enticpates thal It will begin issuing lenses for recreational marjuana businesses on or about January 1, 2018. D. Business and Professions Code section 26200, which is part of Proposton 64, ‘expressly recognizes the ably of ces to completely prohibit all recreational marjuans businesses orto reguiato such businesses, Under Proposition 64, individuals may possess and use specified amounts of marjuana ‘and may eulivate up to eb« marjuana plants por private residence. Under Health and ‘Safely Code section 11362.2(0), cies may prohibit private outdoor marjuana cultivation, but may not prohibit completely private Indoor cultivation of six marhuana plans of less Gites, however, may reasonably regulate private Indoor cultvation of six marjuana plans o ess F. thi imperative thatthe City maintain focal contol over all marijuana tan uses tothe fulest extent allowed by law. The Cily anticipates that Propostion 64 may encourage the establishment of various marjuana businesses within the Cly, The Municipal Code dows nat curenlly address recreatonal marjuana businesses. Whi no such business an operate in the City lewhuly without a state license, express. Municipal Code Fegulations regarding recreational marijuana dispensaries, cutvation facies, Tmanuactuting ste, transporter, dietibutos, testing laboratories, and micrabusinesses fare necessary fo provide clear guidelines regarding the scope of prohibited conduct and ‘minimize the potential for confusion regarding the Cys polices, G. Express Munlepal Code regulations are also necessary to provide clear guidance regarding the scope of permissible private cullvaton, The Gly anticipates that manyindividuals will bogin to culvate marijuana at their private residences folowing the passage of Proposition 64 ‘The adoption of @ comprehensive marijuana ordinance that addresses both private cultvation and commercial recreational marjuana businesses wil take time and careful consideration and will require input ftom various community stakeholders end the (general public. Unil tha process is complete, an interim urgency ordinance under Government Code section €5858(e) fe nacessary to protec the public health, eafely, and welfare, Mariana establishments and activities often present heath, wefore, and publ safety ‘seuss for cies. Several Cabfomnia ctles and countias have experienced serious ‘adverse impacts aseocialed with and resulting from mariuana dispensaries, delivery Servis, and cutvaion sifes. Accocaing to these communities and according to news ‘lories widsly reported, marjuana land uses have resulted in andlor caused an increase in ere, including Burglaries, robbores, violence, and legal sales and use of marjuana in the areas immediately surrounding such marjuana activities. There have also been large numbere of complains of odors related to matluana cultivation and slorage. Marjuana culation sites are often associated with Mlegal construction, unsafe electrical ling, excessive water use, and fre hazards, ‘A California Police Chiefs Ascocition compilation of polos reports, naws stories, and Statistical research regarding crimes involving medical marjuana businesses and their Secondary impacts on the community is contained ina 2008 white paper report whieh is fattached fo the staff report presented to the Cty Council with this ordnance and on fle Wi the Cly Cle, The report deals numerous violent crimes that eccured throughout the stat in and around medical marjuans establishments ‘The Santa Clara County District Atorney’s Office Issued a May 2014 memorandum cnfited ‘Issues Surrounding Marjuana in Santa Ciara County." which outined many of the negalive secondary effects resulting from marjuana eultvation, a copy of this memorandum is attached to the staf report presented to the Cily Counell with this ‘ordinance and en fle with the City Clerk According to the memorandum, marijuana Cultivation sites were often eetectated with legal constuction, haphazard electric ‘wiring, elestrcty theft, fies, mokt and fungus problems, diversion of pubic water, olution of watenvays,frearm violations, erlmes, and organized crime and street gang involvement ‘Manufacturing of cannabis products can involve the use of chemicals and solvents, and fa 2 rest, the manufacture of hash oll concentrate often added to edibles, éink and Tquids, caries a significant risk of explosion due to the dilation process utlized to fextract tetrahydrocannabinol Afar burn veatment centers al two hospitals in Northern Galfornia reported in 2015 that neary 10 percont of savere bum cases wore atibuted fo butane hash ol exlosions, which wes moro than burn cases from car accldents and house fkes combined News stores regarding adverse Impacts of marjuana businesses, including spensarie, cultivation siles, and delivery services, aro attached to the staff report presented to the Cily Counell wih this ordinance and an fis with the Cily Clerk. As Betaled in these storie, marjuana establishments and cultivation sites are frequent targets of violent crimes, including robberies and assaults, in part because bankinginsttatons il not accept eredt card payments for ilegal drugs under federal low, forcing such businesses to be cashronly. There is also significant evidence tal marijuana deivery services ae targets of violent crime and pose a danger fo the public [N. Marijuana processing has led to explosions across the county because the processing of marjuana-olated products, such a6 cannabis ols, often involves the use of butene a8 flames, ©, In 2015, there were atleast fve-marjuana-elated wires linked to marjuana growing ‘operatons, P. 92016, @ New York firefighter died in an explosion at aresienial marijuana cutvation ste ©. tis reasonable to conclude that marjuana businesses and private cutvation under Propostion 64 would cause similar adverse impacts on the public healt, welfare inthe City fly, and R. in order to protect the pubic heath, safety, and welfare, the Cy Council desires to amend the ‘Municipal Code to address, In express terms, recreational marjuana businesses, marjuana delvaree, and priate marjuana culivation. The City Council hereby determines that the Municipal Code is in need of further review and possible revision to protect the public against potential negative health, safely, and welfare Impacts and to adcress private marjuana culivation and the new marjuana business rmadels recognized under Propostion 64 'S. An intot period of 45 days will permit City staff to undertake an iia investigation of those matiers and recommend 2 course of action to the Cty Counel, while avoiding the potential adverse impacts of non-medical marjuana facies, rivate marijuana Eativaton, and non-medical marjuana delveros that may arlse as the City develops permanent regulations. 7. Government Code section 65858 authorizes the adoption of an. interim urgency bdinance fo protect the public healt, safely, and welfare, ans to prohibit land uses thal may conflict with land use regulatons that a city’s legislaive bodies are considering, ‘studying, oF intoing to study within a reasonable time. LU. allure to adopt this moratorium woul ipa the orderly and effective implementation of contemplated amendments to the Municipal Code. V. The City Council further finds that this meratrium Is @ matter of local and City-wide importance and is not dfected towards any particuar person or entity that seeks to culvate marjuana inthe Cy. SECTION 2. Environmental Findings. The City Councl exercises its independent judgment and finds that hie ordinance is not subject tothe California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, Califoria Code of Regulations, Tie 14, Chapter 8, sections: 15060(c\(2) (he activity wil nat result ina director reasonably foreseeable indirect physical change In the environment), 15060(c)3) (the actuty isnot a projact as defined in Section 15376), and 1506%(0)(), because the acivty & covered by the general rule that CEQA applies only to projacts whieh have the potential for causing a significant effect on theenvironment, The proposed ordinance maintains the status quo and prevents changes in the fevironment pending the completion of the contemplated municipal code review. Because there fs no possibly that this ordinance may have a significant adverse effect on the environment, the adoption of this odinance is exempl from CEQA, SECTION 3, Imposition of Moratorium. In accordance with Government Code section (85868), and pursuant tothe findings stated harln, the ity Council hereby: 1) finds that there fexists a current and immeciats threat to the public health, safety, and welfare requiring this interim Urgency Ordinance; (2) finds that ths Ordnance is necessary for the immediate preservation ofthe pubIC peace, Neal, and safaty as sel fort Fmvein, ad (9) declares anc Irnposes a temporary moratorium for the immediate preservation ofthe public health, safety and ‘watfare asset forth below A. Fora period of a5 days from Dacomber 12, 2016: 4. Non-medical mariana facies are prohibited in all zoning cistits in the City ‘and may not be established or operated anyeihore inthe City. 2, No person or entity may culivate mariana at any location in the City, except that person may culvate no more than six ving Parjvana plants ins fs har pehate residence, or Inside an accessory structure to his or her private residence located upon the grounde of that private residence that 1s fully ‘enclosed and secured against Unauthorized enty, provided thal the owner ofthe Properly provides witten consent expressly allowing the marjuana cuvation to ‘occur, the person conducting the marivana cultwation ‘complies with all sppiicatle Building Code requirements set forth in Tile XX of the Municipal Code, there Is no use of gas products (COZ, butane, propane, naturel gas, et.) ‘on the propery Yor purposes of marjuana culvation, and the marjuana ‘cultivation comple with Health and Safety Code section 11362.2()(). 3. A non-medical mariuana faclity may not deliver marijuana fom any fked or ‘mabile location, either inside or outside the ity, to any person inthe City B, _Forpurposes of his ordinance, the following definitions apply “Cutvate" means fo plant, grow, harvest, ry, cure, grade, andor tim marijuana, “Cultivation” means any activity involving the planting, growing, harvesting, drying curing, gracing, oF timeing of marijuana, “Marjuana* shall hve the meaning set frth in Health and Safety Code section 11018 “Non-madical marjuana fality” means any bulding, property, business, establishment, for locaton where any person or entity establishes, commences, engages in, conducts. or Cartes on, or permits another person oF ently to establish, commence, engage in, conduct, or ‘carry on, any'actviy that requlres @ slate conse or nonproft lcense under Business and Professions Code sections. 26000 and folowing, including but not limited to. marjuana cultivation, marjuana ditbution, marjuana transportation, maruana storage, mnuiacturng of ‘marijuana products, marjuana processing, the sale of any marjuana or marjusna products, ang the operation of @ marijuana microbusiness.©. City staff is drecte to study appropriate modifications tothe C's ordinances regarding non-medical marjuana facities end mariuana cutvation. D. Pending the completion of such studies and the adoption of an ordinance to establish ‘appropriate operational and zoning regulations, it ls necessary for the immediate Preservation of the pubic health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, such uses in the Cily may conflict with existing regulations or requirements. E, This ordinance wl take eect hnmeiately upon adoption by a fourths vote ofthe Clty Counel F. _A.violtion ofthis ordinance is a public nuisance per se, enforceable through any cv, Criminal, oF equitable remedy, Including, but not limited to, civil actons, injunctions, ‘administrative cations, or eriminal penalties, SECTION 4, Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be Invalid or unconsiutonal bya decision of any court ‘of competent jridiction, euch decision wil not affect the validity of the remaining portions of this ordinance. The City Council declare that it would have passed this ordinance and each ‘and every section, subsection, sentence, clause, of phrase not declared invalid or tinconstttional without regard to whether any porton ofthe ordinance would be subsequently ‘doclred invalid or unconstitutional SECTION 5, Effootive Date and Duration. This ordinance is an urgency ordinance ‘enacted under Government Code section 85858(a). This urgency ordinance is effective December 12, 2016 and wil extend fora period of 48 days al which time it wil automatically ‘xpi unless extended by the City Council under Government Code section 65858, SECTION 6, Publication. The City Clrkis crected to cerify this ordinance and cause It to be published in the manner required bylaw. SECTION 7. Study. Staff js directed to study and analyze lesves related to the establishment or operation of recreational marjuana businesses. and. private marjuana Caltvaton thin the Cty, including but not limited fo, evaluating conflicts in state and federal law concerning the vaidty ofthe legislation, the potential impacts of such facies or activites ‘on pubic health, safely and welfare of the community, the destrabllly of such facilities or ‘eivlies In various zones, ard the extent of regulatory contol, if any, to impose on such Tacliies or actives. SECTION 8, Report. Saf is directed to provide a writen report tothe City Counc! at least ten dave prio tothe expiration ofthis ordinance, describing the study conducted ofthe ‘condone tat lod tothe adoption ofthis ordinance, in accordance with state lw. PASSED, APPROVED, AND ADOPTED this 12" day of December, 2016.|, Lauren Myles, City Clerk of the Cty of Alhambra, do hereby corify that the foregoing Urgency Ordinance No. 02416-4707 was duly introduced and placed upon its fst reeding at and adoption a regular meeting ofthe City Council on the 12" day of December 2016, by he following rolall vote, to wit ‘AYES: MESSINA, YAMAUCHI, AYALA, SHAM NOES: NONE ABSENT: PLACIDO n Miyletom no,_“/ If cro atana ve Vermont te Gs SUBUTTED BY: ht tusiecr: _phonosenexeso to onaronu PexcanweroPRNATE Iti recommend thatthe Cy Counc adopt the proposed urgency erdnance, which implements a ‘10 month and 18 dy extension to the moratorium an non-medical marijuana facies and private ‘marijuana cutivation that was adopted pursuant to Ordinance No. O2M16-4707. This interim lurgeney ordinance requires a four-iths vote of the Cty Counc for adoption. BACKGROUND ‘On December 12,2076, the City Counell adopted Ordinance No. O2M'16-4707, establishing a 45- day moratorium pertaining to private marijuana cultivation and non-medical facies. Acopy ofthe ‘Staff Report forthe meeting on December 12, 2016 (without Attachments) is Atfechment to this ‘Staff Repor for further background, Since December 12, 2046, Cty staff has undertaken an inital investigation of these mattors including consideration of wha provisions should be included ina permanent ordinance regarding ‘non-medical marjuana wth regard to marjuana businesses (including culvation, manufacturing, sting, and retail sales), outdoor culvation, indoor cultivation and delivery of non- na fo residents of the Cty. As noted, the State of California is curenty reviewing Proposition 64 for the purpose of drafting regulations relating to non-medical marjuana ard those regulations are expected to take several moths io be crafted and approved by the State. Based on ‘the latest information we have fom th state, these agencies wil not be ready to issue any state ‘marijuana leenses until January 2018, Government Code Section 65858 provides that aftr a notice pursuant to Government Code Section ‘8080 and publichesrng, the Cty Counci may extend the interim urgency ordnance fr 10 months fand 18 days, The Gi has oomplied with those naica and public hearing requlrements. Hore, an textension ofthe temporary moratorium unt Decomber 11, 2017 wil alow the ity to protect public healt, safety and welfare wl the Cly Council evaluates ils option for provisions tobe included in ‘ permanent marjuana ordinance ‘The proposed urgency ordinance to extand the moratorium for 10 months and 16 days continues ‘he flowing three temporary restrictions:1. All commercial non-medical mariana businesses that require a cense under Propostion 64 willoa prohibited whe tne inte urgency ordnence isin effect. This temporary prohibition Wil apaly to recreatonsl marjuana culvatin, manufacturing, trioution, testing, and retail sales. 2, Ail private marijuana culthaton wil be prohibited except that an individual may {eultvate no more than sx ving marlusn plans inside his or her private residence, OF Inside an accessory structura to his or her private residence located upon the ‘rounds of that private residence that is fuly enclosed and secured against Unauthorized ent, provided thatthe aver of the property provides witen consent expressly alowing the marijuana culvaton to occur, the person conducting the ‘mariuane cultivation complies with ll applicable Building Code requirements set forth m Cnepler 16 of tle code, there fs no Use of gag progudts (COZ, Dulane, propane, natural gas, ete) on the propery for purposes of marijuana culivation, and the. merjuana cutivation compas with Health and Safely Code section 11362,2(a)(3). Health and Safety Code section 11362 2{@)3)provdes that no more than six marijuana plants mey be culvated ator upon the grounds of a private residence atone time, 3, Non-medical marjuana businesses, including nonprofit businesses, are prohibited from delivering marluana to people Inthe City. This interim urgency erinance requires a fourths vote for adoption. f approved by a fourths ‘ote, the interim urgency ordinance wil be effective for apetiod af 10 months and 18 days which wil ‘be through December 11, 2017. While the interim urgency ordinance isin effect, City staf wil Continue a undertake a comprehensive review ofits poles and potential regulations regarding recreational marijuana businesses and private marjuana cutvation in ight of Proposition 64 ENVIRONMENTAL REVIEW “The proposed interim urgency ordnance isnot subject to the California Environmental Quality Act (CEGA) pursuantto the State CEQA Guidelines, California Code of Regulations, Tile 14, Chapter 3, seatons! 15050(6\2) (he actviy wil not resuit in a dlrect or reasonably foreseeable indrect Pihyical change in the environment}. 16060(c)3) (he activity isnot a project as defined in Section 415378); and 18061(0)(9), because te actly is covered bythe ganeral uo that CEQA apples only te projects which have the potential for causing a significant effect on the environment. The praposed orcinance maintains the status quo and prevents changes inthe environment pening the Completion ofthe contemplated municipal code review. Because there is no posse that this ‘ordinance may havea significant adverse effect on the environment, the adoption ofthis ordinance Is exempt from CEQA, ATTACHMENTS 1. Staff Report dated December 12,2016 3. Urgeney Ordinancetomo, SUBMITTED BY: Joseph M. Montes, City Atiomey ‘SUBJECT: PROPOSED MORATORIUM PERTAINING TO PRIVATE MARLIUANA CULTIVATION AND NON.MEDICAL MARMUANA FACILITIES ‘RECOMMENDATION: It fe recommended that the City Councll adopt @ proposed urgency ordinance O2M16-4707, festablehing @ 45day moratorium on non-medical marijuana facities end private marjuans tutivation, except for private indoor cutvaton of ax marusne plans orless, which shall be subject to reatonable regulations, This inform urgency ordinance require a four-fiths vote ofthe City Council for adoption BACKGROUND: On November 8, 2016, California voters approved Propostion 64, known asthe ‘Control, Regulate fand Tax Adult Use of Marijuana Act” Proposition 64 allows individuals to possess, use, and Culvate recreational marjuana ln certain amounts, An individual may possess upto 20.5 grams of hn-concentrated marijuana or 8 grams of marjuana In @ concentrated form (e.., marijuana tales). In adction, an Indvidual may cultivate upto elx maruana plans at his 0: her private Feeidence provided that no more than sx plants are belng culated on the propoty at onetime, Propostion 64 also establishes a regulatory system for commercial businesses thats voty similar the medical mariana regulatory system that the state logslature croated last year. Under Propostion 64, recreational mariana culvaters, manufacturers, dstibvtor, retailers, and testing laboratosos may operate lawful # thay obtain stato leense fo operate and comply wit local orainances. Proposition 64 dose net lmitlocal polee power authority over commercial marijuana busingss and fend uses. tines may prohibt such busineeese completly thoy so coves. Wil vegardto private tivation, however, tere Is one important mation on local pote power. Cities may ban private ‘outdoor maeluansa eulvation, but they may not completly ban private indoor cultivation of six marjuana plants or lass. Proposition 64 proves that private indoor cutation of six marijuana plants 0: loss is laf under both atata end loa! law and Is only subject to ‘reasonable local Feguations, “The California Department of Consumer Affais, Deparment of Food and Agriculture, and Department of Public Hath are responsible under Propesiton 84 for issuing state licenses to‘commerciarecretional marjuana businesses, No marijuana business can operata without a sate license from one of these agencias, which are curteny drafing regulations thet wil govern thei respective arees of responsiblity, Basod on the latest Information we have from the stat, these ‘agencies wl not be ready to fssUe any state marjuane licenses unt January 2018, Despite thet lengthy timeframe for tate marijuana lcenses, there I a need for gent action by the ity Council, Municipal Code secon 23,05,010 curently prohibits a medical marjuana businesses ‘nd all maruana cultivation In the Giy, but the Murteipal Code does net expressly adress Teereaisnel mariuans businesses. Stal! anticipates that Proposition 64 wil encourage the tslablahmant of varios recreational marjuana businossesin tie City. While unicensed marjuana businesses would be univ under state law and therefore prohibited under the Ciy's general puble nuisance standards, express regulations wll make enforcement easier and minimize the potential for confusion regarding the Cay’s marjuana policies. This wil in tum, decrease the potential for unnecessary nuisance abatement tigation. This Is significant because many Calf Cas have experienced negative secondary effects fram medical marjuana businesses, including Sspensares, cutvation fellas, and delvery services, as demonstrated by the eliached 2008 ‘ihe paper from the California Police Chiefs Association (tachment 1), the 2014 memorandum ftom the Santa Clara Coun Distt Atlorney (Attachment 2), and vaiious. news. stories from throughout the county Attachment 3). In adation, express Municipal Code regulations are necessary to provide claar guidance to the pub regarcing the scope of permissible private cultivation. Prepostion 64 ook effect immediatly Uiponvoter approval. Staff anticpates that many indvcuals wl now begin to culvate marjuans thet pvate residences. In light of Proposition 64, the Cy can no longer enforce is existing marjuane cultivation ban again! private indoor culvation of sic marjuana plants or less. Such Unregulated conic could have significant adverse impacts for the Cy. As demonstrated inthe atachments to this staff report, Indoor merjuans culation ses are often associated wt legal onetruction, haphazard and unsefa slectcal wing, elecicity theft, fires, mold and fungus problems, diversion of puble water, poluion of waleways, and excessive water use. Pormanentregulations wid take time. Based on existing case law, the City Counc! should treatthe regulation of marivana businesses and eulvaton asa and use Issue. The Cy, therefore, must follow Govemmant Code section 65853, vhich requires articed public hearing before the planning Commission and a noticed puble hearing before tre Cty Councl, During the time i takes to ‘complete this process, the Ciy could experience significant adverse impacts from unlicensed ‘ecreational marjuana businesses and unregulated private marijuana culvation For this reason, an interim urgency ordinance it appropriste, Government Code section 05858 ‘authorizes the adoption ofan interim urgency ordinance to protect the public health, safely, ang Welfare, and to prohibit and uses that may conflict with land use regulations that acts legisitive Bodies are conairing, studying, of ntending to study within a reasonable fine. Here, an interim urgency ordinance wil allow the Cly to protect public heath, safely and wolfare while the City ‘Coane! evaluates ts options for permanent merlana reguialons. The proposed interim urgency ‘ordinance imposos the folowing tree temporary restrictions: + Allcommercial non-medical marjuana businesses tht require a license under Prepostion 64 wil be prohibited while the interim urgency ordinance is in effect. This temporary prohibition wil apply to recreational marjuanacutvation, manufacturing, disibuton, testing, ‘0d retall sles,‘Al private marijuana cultvation wile prohibited except that an individual may cultvate no more than ai ining marjuana plants Inside his or hor private residencs, or inside an Aooessory structure to his or her private residence located upon the grounds of that private Tealdence that f fully enclosed and secured against unuitiorized entry, provided that the ‘une of the property provides wlan consent expressly alloing the marjuana culvation to ‘cour he persan conducting the marijuana cultvaion complas with all appisable Building Code requirements set forth in Tie 19 fhe municipal coda, theres no use of gas products (C02, butane, propane, natural ges, et) on the property for purposes of marjuana ulvation, an tha marsiana cifivation complies with Health and Safaty Code section 41982.2(6)(9). Health and Safely Code easton 11962 2(2)3) provides thatno more then six ‘arjuana pants may be culvated ator upon the grounds ofa pate residence atone time, + Non-medical marjuana businesses, including nonprofit businesses, are prohibited from delivering marjuana to paoplo in the City. if approved by o fourfithe voto, the interim urgency ordinance wil bo effective for 45 days. After providing notes and hoiing a publi hearing, the City Counel, upon a fourths vole, may extend {he intern urgency ordinance for 10 months and 18 days. The Cy Council may subsequently {extend te interim urgeney ordinance for an additonal year. While he interim urgency ordnance is infect, the City wil undertake @ comprehensive review of its poles and potential regulations ‘egarcingrecrestional marjuana businesses and privata marjuan culivaton night of Propesion| 6a, ENVIRONMENTAL REVIEW “The proposed urgency arnancels net subjedtto the Calfomia Environmental Quality Act(CEQA) puretant to the Stale CEGA Guidelines, Calfornia Code of Regulations, Tite 14, Chapter 3, Eections: 15060(¢\2) (tie acivy wil nt result in @ director reasonably foreseeable indirect physical change in te environment), 15060(0)(8) (he actly is nota project as dined in Section 115378); and 18061 (2)(3), because tne ctv is covered bythe generale that CECA apples only fo projects which have the potential for eausing a significant effect on the environment, The proposed ordinens maintains the stalus quo and prevents changes in thacnvironmentpending the ‘ompltion of the contemplated municipal code review. Because there Is no possi that this brdinance may have # agnifeant adverse effect on the environment, the adoption ofthis oreinance Ts exempt for CEQA,10-DAY REPORT ON THE CITY OF ALHAMBRA'S MORATORIUM ON PRIVATE, MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES GRO! On December 12, 2016, pursuant to Governmest Code section 65858, the City Counell of the City of Alhambra enacted Ordinance No. O2M16-4707 us an urgeney measure imposing a 45- day moratorium on private maxjuana cultivation and non-medical marijuana felis. The Onlinance probibits non-medical marijuana facilities citywide, prohibits any person or entity fom cultivating marijuana at any location in the City (with a limited exception for personal indoor euitivation of six marijuana plants or Iss), and prohibits non-medical marjuane facilities fiom delivering to any person inthe City. Government Code seetion 65858 allows an initial 45- day moratorium to be extended for up to 10 months and 15 days after noticed public hearing is held, A second extension for up to an additional 12 months is also allowed. As required by ‘Goverament Code section 65858(0), the City must produce a report 10 days prior to extending & rmoratorium that dessribes the measutes inn since the adoption of the urgency ordinance. UPDATE ON ‘THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED ‘TO THE ADOPTION OF THE URGENCY ORDINANCE 1, The City is currently considering its options for regulating private marijuana cultivation and ‘non-medical marijuana facilities and businesses. With regard 10 private meijuana cultivation, the City must evaluate the extent to which it wants to regulate private indoor caivation of six marijuana plants or less and the extent to whieh it wants to allow and regulate ‘other forms of private cultivation, With regard to non-medical marijuana business, the City ‘must analyze a rage of regulatory options and thei potential impacts on the community and the enforceability of non-medical marijuana regulations 2. The City is analyzing the potential negative impacts that could stem ftom private ceutivation andlor non-medicst mazjuane businesses, including but not limited to property crimes, loitering, drugged driving, busines displacement, nuisance conditions, and fire hazards. “This analysis includes an evaluation of issues that other cities have ficed or are facing with regard to marijuana land uses and how the City could avoid or minimize negative secondary ‘effets that may occur if the City wer to sllow non-medicel marijuana facilities. 3. The adoption of a comprehensive marijuana ordinance that addresses both private ceulivation and commercial recreational marijuana businesses will tnke time and careful ‘consideration and will require input from various community stakeholders and the general public, There has been insufficient time since the adoption of Ondinance No. O2M16-4707 to ‘completo this process, The City, therefore, needs eddtional time, as allowed under Government Cote section 65858, to flly address the conditions that led to the adoption of Ordinance No, (02M16-4707ORIGINAL, ORDINANCE NO. 02817-4708 AN URGENCY ORDINANCE OF THE CITY GOUNGIL OF THE CITY OF ALHAMBRA, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM PERTAINING TO. PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES ‘THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS: SECTION 4, Findings. ‘As set forth in Municipal Code section 23.86.00, the City of Alhambra (‘City’) prohibits medical marijuana dispensaries in all Cily zones. Under section 23,04.526, medical marijuana dispensaries are defined as any “any sito, facility, location, use, cooperative or business, including vending machines, which distributes, sells exchanges, processes, delivers, gives away, of- culivates marjuana for medical purposes to quaified pationts, health care, providers, patients primary caregivers, or physicians." ‘On November 8, 2016, the voters ofthe State of Calfornia approved Proposition 64, entiled the "Control, Regulate and Tax Adult Use of Marijuana Act.” Proposition 64 legalizes and regulates recreational marjyana in California. Propostion 64 requires recreational marjuana businesses, including cultivators, manufacturers, dstibutors, retailers, and testing laboratories, to obtain a state license in order to operate lawuly. The state will not issue licenses if the proposed recreational marjuana business violates a local ordinance. The state anticipates that it will begin issuing licenses for recreational marjuana businesses on or about January 1, 2018. Business and Professions Cade section 26200, which is part of Proposition 64, ‘expressly recognizes the ability of cities to completely prohibit all recreational marjuana businesses of to regulate such businesses. Under Proposition 64, individuals may possess and use specified amounts of ‘marijuana and may cultivate up to six marijuana plants per private residence. Under Health and Safety Code section 11362.2(b), cities may prohibit private outdoor maruana cuftvation, but may not prohibit completely privats indoor cultivation of six marijuana plants or less. Cities, however, may reasonably regulate private indoor cultivation of six marijuana plants or less. {tis imperative that the City maintain local contro! over all marijuana land uses to the fullest extent alowed by law. The City anticipates that Proposition 64 may encourage the establishment of various marjuana businesses within the City The Municipal Code does not currently address recreational marijuana businesses, While no such business can operate in the City lawfully without a stato license, express Municipal Code regulations regarding recreational ‘marijuana dispensaries, culivation facities, manufacturing sites, transporters, distributors, testing laboratories, and microbusinesses are nocessary to provide ‘Orinance No, 02617-4708 PageL clear guidelines regarding the scope of prohibited conduct and minimize the potential for confusion regarding the City’s policies. Express Municipal Code regulations are also necessary to provide clear guidance regarding the scope of permissible private cultivation. The City anticipates that many individuals will begin to cultivate marijuana at their private residences following the passage of Proposition 64 The adoption of @ comprehensive marijuana ordinance that addresses both private cultwation and commercial recreational marjuana businesses will take time and careful consideration and will require input from various community stakeholders and the general public. Unti that process is complete, an interim urgency ordinance under Government Code section 5858(a) is necessary to protect the public health, safety, and welare. Marijuana establishments and actives often present health, welfare, and public safety issues for cites. Several California cties and counties have experienced serious adverse impacts associated with and resulting from marijuana dispensaries, delivery services, and cultivation sites. According to these ‘communities and according to news stories widely reported, marjuana land uses have resulted in andior caused an increase in crime, including burglaries, robberies, violence, and illegal sales and use of marijuana in the areas immediately surrounding such marijuana activiies. There have also been large numbers of complaints of odors related to mariana cultivation and storage Marijuana culivation sites are offen associated with llegal construction, unsafe electrical wiring, excessive water use, and fre hazards. ‘A California Police Chiefs Association compilation of police reports, news stories, ‘and statistical research regarding crimes involving medical marijuana businesses fand thelr secondary impacts on the community is contained in a 2009 white paper report which was Attachment 1 to the Staff Report presented to the City Council on December 12, 2016 when the City Council voted to adopt an urgency ordinance establishing a 45-day temporary moratorium pertaining to private ‘marijuana cullvation and non-medicsl marjuana facies. The report details ‘humerous violent crimes that occurred throughout the state in and around ‘medical marijuana establishments ‘The Santa Clara Counly District Attorney's Office Issued a May 2014 memorandum entied "Issues Surrounding Marijuana in Santa Clara County,” which outlined many of the negative secondary effects resulting from marijuana Cultivation; @ copy of this memorandum wes Attachment 2 to tne Stat? Report presented’ to the City Council on December 12, 2018. According to the Memorandum, marjuana cultvation sites were often associated with legal Construction, haphazard electrical wiring, electrily theft, fres, mold and fungus. problems, diversion of public water, pollution of waterways, frearm violations, frimes, and organized crime and street gang involvement. Manufacturing of cannabis products can involve the use of chemicals and solvents and, as a result, caries a significant risk of explosion due to the Crinance No. 02647-4708 Pago?distilation process uliized to extract tetrahydrocannabinol. Major bum treatment ‘cantare at two hospitals in Northern Caiffomia reported in 2016 that nearly 10, percent of severe burn cases were altributed to butane hash oll explosions, ‘which was more than burn casas from car accidents and house fires combined. News stories regarding adverse impacts of mariuana businesses, including dispensaries, cultivation sites, and delivery services, were Attachment 3 to the ‘Staff Report presented to the City Council on December 12, 2016. As detailed in thase stories, marjuana establishments and cultivation sites are frequent targets ‘of violent crimes, including robberies and assaults, in part because banking institutions will not accept credit card payments for legal drugs under federal law, forcing such businesses to be cashonly. There is also significant evidence that maruana delvery services are targets of violent crime and pose a danger to the public Marijuana processing has led to explosions across the country because the processing of mariuana-related products, such as cannabis ois, often involves the use of butane gas flames. In 2018, there reportedly wore at least five-mariuana-related wildfires linked to ‘marluana growing operations. In 2016, @ New York firefighter died in an explosion at a residential marijuana cuttvation site It Is reasonable to conclude that marijuana businesses and private cultivation ‘under Proposition 64 would cause similar adverse impacts on the public health, safety, and welfare in Alhambra. In order to protect the public health, safely, and welfare, the City Council desires to amend the Municipal Code to address, in express terms, recreational marijuana businesses, marjuana deliveries, and private marjuana cultivation. ‘The City Council hereby determines that the Municipal Code is in need of further review and possible revision to protect the public against potential negative health, safety, and welfare Impacts and to address private marjuana cultivation and the new marijuana business models recognized under Proposition 64, Goverment Code Section 65858 authorizes the adoption of an urgency ordinance for a period of 45 days to protect the public healt, safety, and welfare, land to prohibit land uses that may confict with land use regulations that a city’s igi heres are consdenng, suthing, ot intending fo sudy win @ reasonable time. On December 12, 2018, the City Counc adopted Ordinance No, O2M16-4707 establishing a 45-day moratorium pertaining to private marjuana cultivation and non-medical facilities, Since December 12, 2016, City staff has undertaken an initial investigation of these matters including consideration of what provisions should be included in @ permanent ordinanee regarding non-medical marijuana with regard fo marijuana Corinance No, 02617-4708 Pagesbusinesses (including cultivation, manufacturing, distrbution, testing, and retail sales), outdoor cultivation, indoor cultivation, and delivery of ‘non-medical mariana to residents of the City of Alhambra, The State of California is currently reviewing Proposition 64 for the purpose of drafting regulations relating te non-medical marijuana and those regulations are expected to take several ‘months to be drafted and approved by the State and these regulations will be reviewed by City Staff in connection with drafting proposed provisions for a permanent ordinance to adress the issues involved with non-medical marijuana. V. City staff needs additional ime to review the potential provisions for a permanent non-medical marijuana ordinance and review the proposed State regulations which are expected to be issued in 2017 and to recommend a course of action to the City Council, while avoiding the potential adverse impacts of non-medical ‘marjuana facilities and private marijuana cullvation that may arise as the City develops permanent regulations. W. Goverment Code section 65858 provides that after a notice ‘pursuant to Government Code section 65080 and public hearing, the City Council may extend the interim urgency ordinance for 10 months and 15 days. The City has ‘complied with the notice and public hearing requirements of Government Code ‘sections 65866(a) and 65080, Government Code section 65858(d) requires that prior to adoption of the ordinance extending the moratorium, a report is required {o be submitted to the City Councl describing the measures taken to alleviate the ‘condition which led to the adoption ofthe ordinance. ‘That report has been made ‘avaliable fo the public at the City Clerk's Office. In addition, the agenda report accompanying this ordinance provides the information required under Goverment Code section 65858(4) X. Failure to adopt this ordinance extending the moratorium would impair the orderly land effective implementation of contemplated amendments to the Municipal Code. Y. The City Council further finds that the extension of this moratorium is a matter of focal end City-wide importance and is not directed towards any particular person Cr entity that seeks to cultivate marijuana in Alhambra, SECTION2, Environmental Findings. The Cily Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(c)(2) (the acivty will not result in a diect of reasonably foreseeable indirect physical change in the envionment); '15060(c)(2) (the activity is not & project as defined in Section 15278), and 15081(b)(3), because the activity is covered by the general rule that CEQA applies only fo projects which have the potential for causing a significant effect on the environment. The ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possiblity that thie ordinance may have a significant adverse effect on the environment, the adoption of tis ordinance is exempt from CEQA. ‘ordnance No. 02617-4708 PageSECTION 3, Imposition of Moratorium. In accordance with Government Code section 65858(a), and pursuant to the findings stated herein, the City Coun: (1) finds that there exisis @ current and immediate threat to the public health, safely, and welfare requiring this interim urgency ordinance; (2) finds that this ordinance Is necessary for the immediate preservation of the public peace, health, arid safely a& set forth herein; and (3) declares and impases a temporary moratorium for the immediate preservation of the public health, safety and welfare as set forth below: A. In accordance with the authority granted the City of Alhambra under Government Code section 65858(@), and pursuant to the findings stated herein, for @ period of 10 months and 15 days from the expiration date of January 26, 2017: 4. Non-medieal marjuana faciities are prohibited in all zoning districts in the City and shall not be established or operated anywhere in the City 2. No person or entity may cultivate maruana at any location in the City, except that 2 person may cullvate no more than six living marijuana plants inside his or her private residence, or inside an accessory structure te is or her private residence located upon the ‘rounds of thet prvata residence that Is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides writen consent expressly allowing the _mariuana cultivation fo occur, the person conducting the marijuana cutvation complies with all applicable Building Code requirements, there is no se of gas products (CO2, butane, propane, natural gas, ete.) on the property for purposes of marjuana cultivation, ‘and. the ‘mariana eutivation complies with Health and Safety Code section 11382.2(a)(3). 4. Arnon-medical marijuana facility may not deliver marijuana from ‘any fixed or mobile location, either inside or outside the city, to any person inthe Cily. B. For purposes of this ordinance, the following definitions apply “Cuutivate" means to plant, gow, harvest, dry, cure, grade, andlor tim marijuana, Cultivation’ means any activity involving the planting, growing, harvesting, drying, curing, grading, or timming of marijuana, hall have the meaning set forth in Health and Satety Goze section tarjuana’ 11018, “Non-medical marijuana faciily” means any building, property, business, establishment, of location where any person or entity establishes, commences, tengages in, conducts, or carries on, oF permits another person or entity to establish, commence, engage in, conduct, of cary on, any activity that requires a state license of nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to marijuana culivation, marijuana distibution, marjuana ‘Ordinance No, 02617-4708 Pagestransportation, marijuana storage, manufacturing of marijuana products, marjuana processing, the sale of any marjuana or marjuana products, and the operation of a mariuana microbusiness. ©. ily staff is directed to study appropriate modifications to the City’s ordinances regarding non-medical marijuana faciities and marjuana cultivation, D. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, its necessary for the Immediate preservation ofthe public heath, safely and welfare that this ordinance takes effect immediately. In the absence of Immediate effectiveness, such uses in the City ‘may conflict with existing regulations or requirements. E, _ This ordinance wil take effect immediately upon adoption by a four-fiths vote ofthe city Council SECTION 4, Soverability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision wall not affect the validity of the remaining portions of this ordinance. The City Counell declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not dectared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently deciared invalid or unconstitutional SECTION 5, Effective Dato and Duration. This urgency ordinance enacted under California Goverment Code section 65858(a) will take effect on January 26, 2017 upon adoption by a four fits (4/6) vote of the City Council. This ordinance will remain in effect for 10 months and 15 days from the effective date, and will expire on December 11, 2017, unless extended. SECTION 6, Study. City Staff is directed to continue to study and analyze Iesues related to the establishment or operation of recreational marjuana businesses and private marjuana cuttvation within the Cily, including but not limited to, reviewing State regulations which are expected to be drafted and adopted in 2017, evaluating conficts in state and federal law conceming the validity of the legislation, the potential impacts of such facilties or activities on public health, safely and welfare of the community, the desirablity of such facilities or activites in various zones, and the extent of regulatory controls, if any, to impose on such facilities or activities. SECTION, Report. Staff is directed to provide a wttten report to the City Council at Toast fen days prior to the expiration of this orinance, describing the study ‘conducted of the conditions that led fo the adoption of this ordinance, in accordance with state law. ‘SECTION 8, Publication. The City Clerk is drected to certify this ordinance and ‘cause it to be published in the manner required by law. Ordinance No, 02417-4708 Pane ePASSED, APPROVED, AND ADOPTED January 23, 2017. David Moja, Mayor APPROVED AS TO FORM: el ib ily Attomey ‘Ordinance No, 0217-4708 Page?|, Lauren Myles, City Clerk of the City of Alhambra, certify Ordinance No. O2M17-4708 was adopted by the City Council at a regular meeting held January 23, 2017, by the following vote! ‘AYES; SHAM, MALONEY, AYALA, MEJIA NOES: NONE’ ABSENT: MESSINA Cxinanoe No, 02817-4708, Page 840-DAY REPORT ON THE CITY OF ALHAMBRA’S MORATORIUM ON PRIVATE MARIJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES BACKGROUND (On December 12, 2016, pursuant to Goverment Code section 66868, the City Council of the iy of Alnambra enacted Ordinance No, O2M16-4707 as an urgency measure imposing a 45+ dday moratorium on private marjuana cultivation and non-medical marijuana facilis. The Ordinance prohibits non-medical macjuana facilis citywide, prohibits any person or entity from tulivaling tnarjuana at any location in the City (with a imited exception for personal indoor culivalion of six marjuana plants or less), and prohibits non-medical marjuana facilties fom delivering to any person inthe City, Government Cade section 85868 allows an intial 45-day moratorium to be extended for up to 40 months and 18 days after a noticed publle hearing is held, On January 23, 2017, the City Council extended the moratorium unl December 11, 2017 through Ordinance No. O2M17- 4708. ‘A second extension for up to an additonal 12 months is also allowed. As required by Government Code section 85858(), the City must produce a report 10 days prior to extending a moratorium that describes the measures taken since the adoption ofthe urgency ordinance, UPDATE ON THE MEASURES TAKEN TO ALLEVIATE THE CONDITIONS THAT LED TO THE ADOPTION OF THE URGENCY ORDINANCE 4. The City is currently considering ts options for regulating private marijuana cutvation {and non-medical marijuana faciltics and businesses. With regard to private manjuana taltvation, the City must evaluate the extent to which it wants to regulate private indoor Coultvation of six mariana plants or less and the extent to which it wants to alow and regulate ‘other forms of private cultivation. With regard to non-medical marijuana businesses, the Cy ‘must analyze a range of regulatory options and their potential Impacts on the community and the enforceability of non-medical marjuana regulations. 2. The Cily Is analyzing the potential negative impacts that could stem from private ‘cultivation andior non-medical marjuana businesses, including but not limited to property ‘erimes, loitering, drugged driving, business displacement, nuisance conditions, and fre hazards, ‘This analysis includes an evaluation of issues that other cles have faced or are facing with regard fo marijuana land uses and how the City could avoid or minimize negative secondary ‘effect that may occur i the City were to allow non-medical marjuana facilities. 2. The adoption of @ comprehensive marijuana ordinance that addreeses both private cullvation and commercial recreational marijuana businesses will take time and careful consideration and wil require input from various community stakeholders and the general publ, There has been insufficient time since the adoption of Ordinance Nos. O2M16-4707 and ‘O2N17-4708 to complete this process, especially with the adoption of Senate Bill 84, which ‘amends existing stale law regulations on marijuana. The City, therefore, needs additional time, as allowed tinder Goverment Code gaction 88858, o fully address the conditions that led to the adoption of Ordinance Nos. O2M16-4707 and O2M17-4706. ATTACHMENT B.ORDINANCE NO. 02M17-4725 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, EXTENDING A TEMPORARY MORATORIUM PERTAINING TO PRIVATE MARNJUANA CULTIVATION AND NON-MEDICAL MARIJUANA FACILITIES ‘THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES ORDAIN AS FOLLOWS: SECTION 4. Findings. {As set forth in Municipal Code section 23,85.010, the City of Alhambra ('City’) prohibits medical marijuana dispensaries in all City zones. Under section 23,04.526, medical marijuana dispensaries are defined as any “any site, facility, Tocation, Use, cooperative or business, including vending machines, which distributes, sells exchanges, processes, delivers, gives away, or cultivates ‘marijuana for medical purposes to qualified patients, health care providers, patients’ primary caregivers, or physicians.” (On October 9, 2015, Assembly Bills 243 and 268 and Senate Bil 643 (collectively, the "Medical Cannabis Regulation and Safety Act” or “MCRSA") were enacted to Create a state regulatory and licensing system governing the cutivaton, testing, and distibution of medical marijuana, the manufacturing of medical marijuana products, land physician recommendations for medical marijuana. MCRSA expressly preserved local control over medical marjuana facilties and land uses, including the authority to prohibit medical marijuana facilities and culvation completely (On November 8, 2016, the voters ofthe State of Calfornia approved Proposition 64, entitled the “Conttol, Regulate and Tax Adult Use of Marijuana Act” CAUMA") Under Proposition 64, individuals may possess and use specified amounts of marijuana and may culivate up to six marjuana plants per private residence, Under Health and Safety Code section 11362.2(b), cities may prohibit private outdoor ‘mafjuana cultivation, but may not prohibit completely private indoor culvation of six ‘marijuana planis or less, Cities, however, may reasonably regulate private indoor cultivation of six marjuana pants or less. Proposition 64 also established a regulatory system for commercial marijuana businesses commencing at Business and Professions Code section 26000. Under Proposition 64, recreational marijuana cultivators, manufacturers, distributors, felallers, and tesung laboratories may operate lawfuly if ey obtain a state license to operate and comply with local ordinances. The state will not issue licenses if the proposed marjuana business vielates a local ordinance, Business and Professions Code section 26200, which is part of Proposition 64, expressly recognizes the ability of cities to completely prohibit all recreational ‘marijuana businesses or to regulate such businesses. Following Proposition 64's passage, the City Council determined that it was imperative that the City maintain local control over all marjuana land uses to the Odinance No. O2M17-4725 Page + ATTACHMENT ©fullest extent allowed by law. The City anticipated that Proposition 64 would encourage the establishment of various marjuana businesses within the City. The ‘Municipal Code does not currently addrass recreational marjuana businesses. While ‘no such business can operate in the City lawfully without a state license, express Municipal Code regulations regarding recreational marjuana dispensaries, cultivation facilities, manufacturing sites, ansporters, distributors, testing laboratories, and microbusinesses were deemed necessary to provide clear {uidelines regarding the scope of prohibited conduct and minimize the potential for ‘confusion regarding the City’s policies. Express Municipal Code regulations are also necessary to provide clear guidance regarding the scope of permissible private cultvation. The City anticipates that many indviduals will begin to cultivate marjuana at their private residences following the passage of Propostion 64 The City Council concluded that the adoption of a comprehensive marijuana fordinance that addresses. both private cultivation and commercial recreational marjuana businesses would take time and require careful consideration and input {rom various community stakeholders and the general public. Until that process was ‘complete, an interim urgency ordinance under Government Code section 65858(a) vas necessary to protec! the public health, safety, and welfare. (On December 12, 2016, the Cily Council adopted Ordinance No, O2M16-4707 establishing a 45-day moratorium pertaining to private marjuana cultivation and non- ‘medical facies. (On January 23, 2017, the City Council adopted Ordinance No. 02417-4708 under Government Code section 85858 fo extend the moratorium pertaining to private ‘marijuana cuttvation and non-medical faciilies until December 11, 2017, Since December 12, 2016, City staff has undertaken an intial investigation of these matters. including considerstion of what provisions should be included in a permanent ordinance regarding non-medical marijuana with regard to marjuana businesses (including cultivation, manufacturing, distibution, testing, and retail sales), outdoor cultivation, indoor cultivation, and delivery of non-medical marijuana to residents ofthe City {As the City studied the issue of marijuana regulations and deat withthe unpermitted ‘mariana facility, California's marjuana laws continued to undergo important ‘changes. On June 27, 2017, the Governor signed Senate Bill 4, which repealed MCRSA and included provisions from MCRSA regarding medical marjuana in the ‘AUMA, $0 that the regulations governing botn medical and non-medical maja ‘were contained under one regulatory structure. Senate Bill 94 renamed the AUMA as the Medicinal and Adul-Use Cannabis Regulation and Safety Act (MAUCRSA’). In addition to consolidating state laws regarding medical marjuana and edult-use mariuana, Senate Bill 94 Introduced more uniform terminology. Senate Bill 94 revised references in existing law to "marjuana’ or "medical marijuana” to instead fefer to “cannabis” or "medicinal cannabis,” and revised references to “nonmedical” to’adult-use. Ordinance No, 02617-4725 Poge 2(On September 16, 2017, the Governor signed Assembly Bill 133, which further revised MAUCRSA's provisions regarding marjuana deliveries, the state licensing of ‘marijuana businesses, and mariana taxation ‘The Bureau of Cannabis Control has announced that the state will begin issuing temporary licenses under MAUCRSA for marijuana businesses on or about January 41, 2018. In the meantime, the Department of Consumer Affairs, Department of Food and Agriculture, and the Department of Public Health, which are each responsible for issuing state marijuana licenses, are drafting state reguiations that will implement MALICRSA. It i anlcipated that the state wil release draft regulations for public review in November, 2017. ‘As described in the findings supporting Ordinance Nos. 02M16-4707 and O2M17- 44708, which the City Council incorporates herein, marijuana establishments. and activites often present health, welfare, and public safely issues for cities. Several California cities and counties have experienced serious adverse impacts associated with and resulting from marjuana dispensaries, delivery services, and cultivation sites. According to these communities and according to news stoties widely reported, marijuana land uses have resulted in and/or caused an increase in crime, including burglaries, robberies, violence, and ilegal sales and use of marjuana in the areas immediately surrounding such marijuana activites, There have also been large numbers of complaints of odors related to marjuana cultivation and storage. Marjuana cultivation sites are offen associated with ilegal construction, unsafe clectrcal wiring, excessive water use, and fire hazards. It is reasonable to conclude that marjuana businesses and private cultivation under Proposition 64 would cause ‘similar adverse impacts on the public heath, safoty, and welfare inthe City In order to protect the public health, safety, and welfare, the City Council reaffirms its desire to amend the Municipal Code to address, in’ express terms, recreational marijuana businesses, marjuana deliveries, and private marjuana culation. The City Council hereby determines that the Municipal Code remains in need of further review and possible revision to protect the pubic against potential negative health, safety, and welfare impacts and to address private marjuana culivation and the new ‘marijuana business models recognized under Proposition 64. In light ofthe recent changes to state marijuana law and the pending release of state ‘marjuana regulations, Cily staff needs. additional time to review a. potential permanent marijuana ordinance and receive direction from the City Council, while avoiding the potential adverse impacts of non-medical marjuana facies and Private marijuana cultivation that may arise as the City develops such permanent rogulatione Government Code section 65858 provides that after a notice pursuant to Government Code section 65080 and public hearing, the City Council may extend the interim urgency ordinance for 10 months and 15 days (‘First Extension’), and, after the First Extension, extend the interim urgency ordinance for a year. The City has complied with the notice and public hearing requirements of Government Code sections 65858(a) and 65080. Government Code section 65858(d) requires that pri to adoption of the ordinance extending the moratorium, a report is required to be submitted to the Clty Council describing the measures taken to alleviate the Orsinance No. 02617-4725 Page 3Condition wich led to the adoption of the ordinance. That report has been made available to the public at the City Clert’s Office. In addition, the agenda report ‘accompanying this ordinance provides the information required under Goverment Code section 65858(), S. Failure to adopt this ordinance extending the moratorium would impair the orderly and effective implementation of contemplated amendments to the Municipal Code. T. The City Council further finds that the extension of this moratorium is @ matter of local and City-wide importance and is not directed towards any particular person or teil that seeks to cultivate marjuana inthe City SECTION 2, Environmental Findings. The City Council exercises its independent judgment and finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Tile 14, Chapter 3, sections: 15060(c\2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The ‘ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibilty that this ordinanee may have a significant adverse effect on the environment, the adoption of this ordinance is exempt from CEQA. SECTION 3, Extension of Moratorium. In accordance with Government Code section 65858(a), and pursuant to the findings stated herein, the City Council: (1) finds that there exists a current and immediate threat to the public health, safety, and welfare requiring this interim urgency ordinance; (2) finds that this ordinance is necessary for the Immediate preservation of the public peace, health, and safety as set forth herein, ‘and (3) declares and imposes a temporaly moratorium for the immediate preservation of the public health, safety and welfare as set forth below: A, In accordance with the authority granted the City of Alhambra under Government Code section 65858(a), and pursuant to the findings stated herein, for a period of one year from the expiration date of December 11, 2017 to December 10, 2018 1. Non-medical mariuana facities are prohibited in all zoning districts in the City and shall not be established or operated anywhere in the City 2, No person or entity may cultivate marijuana at any location in the City, except that a person may cultivate no more than six living marijuana plants inside his or her private residence, o inside an accessory structure to his or her private residence located upon the ‘grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that the owner of the property provides written consent expressly allowing the marijuana COntinanee No. 0217-4725 Pgscultivation to occur, the person conducting the marijuana cutivation complies with all applicable Building Code requirements, there is no Use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana culation, ‘and the ‘marijuana cuttvation complies with Health and Safety Code section 11362.2(@)(3). 3, A non-medical marijuana facility may not deliver marijuana from any fixed or mobile location, either inside or outside the city, to any person in the Gily, except in accordance with Business and Professions Code §26054 B. _Forpurposes of this ordinance, the following definitions apply. “Cultivate” means to plant, grow, harvest, dry, cure, grade, and/or trim marijuana, “Cultivation’ means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marjuana. “Marijuana® shall have the meaning set forth in Health and Safety Code section 11018. ‘Non-medical marijuana facility” means any building, property, business, establishment, or location where any person or entity establishes, commences, ‘engages in, conducts, or carries on, or permits another person or entity to establish, ‘commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 and following, including but not limited to marjuana cultivation, marijuana distribution, marijuana ‘ransporation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. C. City staff is directed to study appropriate modifications to the City’s ordinances regarding non-medical marijuana facilties and marijuana cultivation, D. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, it is necessary for the immediate preservation of the public health, safety and welfare that this ordinance takes effect immediately. In the absence of immediate effectiveness, such uses in the City ‘may conflict with existing regulations or requirements. E. _ This ordinance will take effect immediately upon adoption by 2 four-fifths vote of the City Council SECTION 4, Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, of Oninance No. 02617-4725 Pagesphrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance wauld be subsequently declared invalid or unconstitutional SECTION 5, Effective Date and Duration. This urgency ordinance enacted under California Government Code section 65858(a) will take effect on January 26, 2017 upon adoption by a four fiths (4/6) vote of the City Council. This ordinance wil remain in effect for another year from the effective date, and will expire on December 41, 2018, SECTION. Study. City Staff ie diracted fo continue to study and analyze issues related to the establishment or operation of recreational marijuana businesses and private marjuana cultivation within the City, including but not limited to, reviewing State regulations which are expected to be drafted and adopted in 2017, evaluating Conflicts in stata and federal law concerning the validity of the legislation, the potential impacts of such facilities or activities on public health, safety and welfare of the ‘community, the desirability of such facilites or actives in various zones, and the extent of regulatory controls, if any, to impose on such facilities or activities SECTION 7, Report. Staff is directed to provide a written report to the City Council at east fen days prior to the expiration of this ordinance, describing the study conducted of the conditions that led to the adoption of this ordinance, in accordance with state law. SECTION 8, Publication, The City Clerk is directed to certify this ordinance and ‘cause it fo be published in the manner required by law. PASSED, APPROVED, AND ADOPTED November 13, 2017, ‘Stephen Sham, Mayor Attest Tauren hiyies, City Cee APPROVED AS TO FORM “Joseph IM, Montes, City Aitomey Cdinance No, 02817-4725 Pages|. Lauren Myles, City Clerk of the City of Alhambra, certify Ordinance No.O2M17-4725 was adopted by the City Council at a regular meeting held November 13, 2017, by the following vote to wit: AYES: NOES: ABSENT: Tauren Myles, City Clerk C1dinance No, O2mt7-4725, Page?tom Wo, CITY OF ALHAMBRA Itch "AGENDA REPORT CITY MANAGER APPROVAL: DATE: November 13,2 To: Honorable Mayor and Members of the City Counci SUBMITTED BY: Timothy Vu Chto Potce “P'NY~ ‘SUBJECT: ‘Taking Back Our Community Coalition RECOMMENDATION: ‘To request the Clty Council jin the Taking Back Our Community Coaltion to Support Pubic Safety Related Legislative Advocacy Efforts, authorize the interim City Manager to execute the membership ‘agreement and diect staff to underiake the stops necessary to finalize Council's action. BACKGROUND & FACTS: ‘Taken together, Assembly Bll 109, Proposition 47, and Proposition 87 have reshaped how we ‘approach public eafetyiestesin the State of Calfomia. White the identified measures have resulted inmeasurable and positive impacts to California's crminal justice system, the cumulative effec of these legislative actions have also had signficant adverse effects resulting in local public safety challenges, Most notably, municipalities scross California are reporting ineresses in property ang Vent crime that law enforcement agencies believe is related tothe legislative chenges that have ‘been enacted over the past several years, In September 2017, the City of Whitier brought forth a key resolution asking the League of Calforia Cities to inate and facltate furher discussion between the Governor, the State Legislature, and other kay public safety stakeholders regarding the recent logistatve changes that have been made to California's criminal justice system. During the past few months, staff has been engaged in discussions with the City of Monrovia regarding the development of the Taking Back Our Community Cealiton. Taking Back Our ‘Community is a new coailton of California cities advocating forthe State to engage in further tiscussions to identify solutions for addressing the unintended consequences of changes madeto California's criminal justice system through the enactment of Assembly Bill 109, Proposition 47, and Proposition 67. The Coalltion ised by the Cities of Acacia, Glendora, and Monrovia, with Monrovia ‘acting asthe load administrative agency. ‘The formation of he Taking Back Our Community Coaltion represents postive steps tomitigate the ‘emerging public safety issues relatad to changes to California's overall criminal justice system. ‘The Taking Back Our Community Coalition is quickly growing to include many cites in our region Joking o'88 part of a positive solution. All members ofthe Coalition willbe required to pay the City ‘of Monrovia $1,500 / year, and the funds raised wll be used to coordinate the development of an ‘overall public education and outreach campaignTaking Back Our Community Coalition Objectives: ‘To raise public awareness of why crime is increasing in our state ‘To provide a consistent message surrounding the facts and impacts of Assembly Bill 109, Proposition 47, and Proposiion 87 ‘To advocate for State legislative changes to improve law enforcement’ ability torespondto Benefits of Becoming a Coalition Member: Official Taking Back Our Cammuniy branding wil include the City's logo Infographic video summarizing the issue along with impactul video stories told by community mamhars impacted iy exe increasing Indepth legislative racking and analyss related to proposed State legislation ‘Access to customizable outreach material fo share with community members, inclucing ‘© Informational Brochure & Gomprehensive Fact Sheet on AB 109, Prop 47, and Prop 87 ‘© Sample Letter to State Lawmakers Opportunity to regularly meet with regional members and guest speakers to further the Coalition's sojectives, FINANCIAL IMPACT: Membership dues fr the Taking Back Our Community Coalition is $1,500 year for each year that the City wishes to remain in the Coaltion, Funding for ths intiatve is available inthe City’s Fiscal Year 2017/18 Budget, ATTACHMENT: Cty Manager Authorization ~ Taking Back Our Community AgreementTAKING BACK OUR COMMUNITY COALITION ‘This Taking Back Our Community Coalition (heroinafter, the “Coalition”? is entered into by and among municipalities and agencies within the State of California (“Members”) for the purpose of establishing a unified message to advocate for common sense changes to California's criminal justice system that address the public safety impacts resulting from Assembly Bill 109, Proposition 47, and Proposition 57. RECITALS WHEREAS, Coalition members agree that recent State legislative changes — namely Assembly Bill 109, Proposition 47, and Proposition $7 ~ made some changes to California's criminal justice system that were needed and necessary; and WHEREAS, Assembly Bill 109, Proposition 47, and Proposition 67, have had negative public safety impacts that have affected cities, counties, and other public safety ‘organizations throughout Caifornia; and WHEREAS, through a collaborative effort, the Coalition seeks to advocate for ‘common sense legislative solutions that will enhance the criminal justice system in California more equitably NOW, THEFORE, the Taking Back Our Community Coalition Members agree follows: 41, The City of Monrovia shall act as the lead agency with respect o the administration of the Coalition, and shall act as treasurer for the Coalition, responsible for the collection of fees from Coalition members and the payment of costs incurred on behalf of the Coalition; and 2. Inorderto achieve the objectives of the Coalltion, each Member agrees to pay one thousand five hundred dollars ($1,500.00) on an annual basis to the lead agency as long as the Member wishes to remain in the Coaiftio. 3, Each Member shall designate one or more representatives to be an active participant in Coalition meetings, and facilitate the exchange and dissemination of information to further the Coaltion’s objectives. IN WITNESS THEREOF, the City of Alhambra does hereby join the Taking Back Our Community Coalition as of | 2017, as authorized by the signer below, CITY OF ALHAMBRA Approved by: ‘Jessica Binnquist, Interim City Managertiene, 9 CITY OF ALHAMBRA. AGENDA REPORT CITY MANAGER APPROVAL: (6 re sea rane ty ois euniecr: RESOLUTION No, M71 AUTHONENG THE CLOSURE OF 8 ALHAMBRA CIVIC CENTER LIBRARY FOR HOLIDAYS SCHEDULED RECOMMENDATIOI Itis recommended thatthe Cty Council adopt Resolution No. R2M17-41 ‘A RESOLUTION OF THE ALHAMBRA CITY COUNCIL AUTHORIZING THE (CLOSURE OF THE ALHAMBRA CIVIC CENTER LIBRARY FOR, HOLIDAYS SCHEDULED BACKGROUND: ‘The Alhambra Municipal Code states that the Cty Council must authorize the closure of any city building or facity during regular business hours, ‘The Inlerim City Manager would like City Council authorization to allow for the closure of ‘Alhambra Civic Genter Library for two days, Saturday, December 23,2017 and Saturday, December 20, 2017. The library is currently scheduled to close on Friday, December 22, 2017. Sunday December 24,2017 and Monday, December 25, 2017 forthe Christmas holiday. Along with Friday, December 28, 2017, Sunday, December 31, 2017 and Monday, January 1, 2018 for New Year's holiday. There wil be no disruption to any essential city services during this proposed closure ofthe Civic Center Library FINANCIAL ANALYSIS: No Fiscal impactRESOLUTION NO, R2M17-41, A RESOLUTION OF THE ALHAMBRA CITY COUNCIL AUTHORIZING THE CLOSURE OF THE ALHAMBRA CIVIC. CENTER LIBRARY WHEREAS, Chapter 2.49,020 of the Alhambra Municipal Code requires the City Council to authorize by resolution the closure of any city buildings, facities, or offices; and, WHEREAS, the Interim City Manager would tke City Counc authorization to allow for the closure of the Alhambra Civic Center Library on Saturday, December 23, 2017 and Saturday, December 30, 2017; and, WHEREAS, thare will be no disruption o any essential city services during the closure ofthe Alhambra Civic Center Library NOW, THEREFORE, BE IT RESOLVED by the Alhambra City Council a follows: ‘Alhambra Civic Canter Library wil be closed on Saturday, December 23, 2017 and Saturday, December 30, 2017 PASSED, APPROVED AND ADOPTED by the City Council of the City of Alhambra ata regular meeting held on the 13" day of November 2017, STEPHEN SHAW, Mayor” ATTEST: “TAUREN MYLES, City Gek APPROVED AS TO FORN: “JOSEPH. MONTES, Gily AtomayHEREBY CERTIFY thatthe foregoing Resolution was duly passed and adopted at a regular ‘meeting ofthe City Council on the 13 day of November 2017, by the folowing vote, to wit AYES: NOES. ABSENT: TAUREN MYLES, Gily Giorktem No, Ke CITY OF ALHAMBRA Se ‘AGENDA REPORT ‘habe CITY MANAGER APPROVAL: — pate: November 13, 2017 To: Honorable Mayor and Members ofthe City Counci SUBMITTED BY: Martin Ray, Director of Utities SUBJECT: NOTICE INVITING BIDS: SEWER REHABILITATION OF CYPRESS, ESSEXFELLS, VEGA, AND FLORENTINA STREETS RECOMMENDATION: itis recommended thatthe City Counal approve the dstibuton of @ Notice Inviting Bids to qualifed contractors forthe Sewer Rehabiliaton of Cypress, Essexfels, Vega, and Foretina Steet with bids duo nolater than 10:30 a.m, on Thursday, Daoombor 14, 2017, and opened at 11:00 .m. that same dey BACKGROUND: “The Sewer System Rehabiltation Plan submited in March of2008, identified 61 erent repairs os “severe” condton. Thisis the ral project necessary forthe completion of allo he repairs sled as severe condition Pans and specifications have been prepared for this repair and rehabilitation project. Staff has reviewed and approved these plans. EINANGIAL ANALYSIS: ‘The funding for this project has been allocated in the FY 2017/2018 Budget, account number 404,80.8681.91520, Sewer Main Line Repairs, ATTACHMENTS: Nonewom No, 2 CITY OF ALHAMBRA eh ‘AGENDA REPORT ‘CITY MANAGER APPROVAL: bare: November 13,20 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Martin Ray, Director of Utities SUBJECT: REQUEST FOR PROPOSAL. CONTRACT MANAGEMENT AND INSPECTION SERVICES FOR THE SEWER LIFT STATION #2 REPLACEMENT PROJECT RECOMMENDATION: Itis recommended thatthe City Council approve the distribution of a Request for Proposals for Professional Construation Management and Inspection Services for the Sewer Lift Station #2 Replacement Project with proposals due no iter than 5:00 p.m. on Friday, December 1, 2017, BACKGROUND: The Sewer Master Plan completed by the Clty in 2007 identfied Sewer Lit Station #2 (2239 . Meridian Avenue) as the number two prion to improve the aging infrastructure and replace the aging if stations. This project will increase the capacity ofthe lit station from 650 gallons per minute to 1,250 gallons per minute. The construction portion of this project has been bid and is ready to be awarded, ‘Sewer Master Ptan protity project number one, Sewer Lift Station #3 located under Interstate 10 (3220 Balzac Street) was completed in late 2015. ‘Sewer Lift Staion #2 is currently located near the comer of Meridian Avenue and Ramona ‘Avenue, the replacement it station wil be located near the corner of Orange Grove Avenue ‘and Ramona Avenue, FINANCIAL ANALYS! “The total cost for contract management and inspection services fo the replacement of Sewer Li Station #2 has yet to be determined. ATTACHMENTS: Nonetom no, _§5 CITY OF ALHAMBRA bt ‘AGENDA REPORT ‘haa CITY MANAGER APPROVAL: \ DATE: November 13, 2097 To! Honorable Mayor and Members ofthe Cty Council SUBMITTED BY: Martin Ray, Director of Uuities/“”* SUBJECT: REQUEST FOR PROPOSALS- PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE SEWER LIFT STATION #4 REPLACEMENT PROJECT RECOMMENDATION Its recommended thatthe City Council approve the distibution of a Request for Proposals for Professional Engineering Design for the Sewer Lift Staion #4 Replacement Project with proposals due no later than 5:00 p.m, on Thursday, December 21, 2047. BACKGROUND: ‘The Sewer System Rehabilitation Plan completed in March 2009 identiied the Sewer Plant #4, located at 1700 Westmont Drive as in need of complete replacement. This station originally constructed in 1926 was renovated in 1952 and 2002. Although the lift station has boon teasonably well maintained due to the age and the increase in sewage flow rates into the station, a complete replacement has been recommended. ‘Additionally, the Consent Judgement entered into withthe Regional Water Quality Board dated December 14, 2015 cals forthe replacement of Sewer Lit Station #4, FINANCIAL ANALYSIS: This project willbe wholly funded from the Sewer Fund. ATTACHMENTS: Nonetemo, 7 CITY OF ALHAMBRA oo ‘AGENDA REPORT ‘hairs CITY MANAGER APPROVAL: ie DATE: November 13, 2097 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Martin Ray, Director of Utes“ SUBJECT: AWARD OF CONTRACT- SEWER LIFT STATION #2 REPLACEMENT PROJECT RECOMMENDATION: Itis recommended thatthe City Council approve a contract, subject to final language approval by the City Manager and City Attorney, by and between the City of Alhambra and GRFCO, Ine. for the Sewer Lit Staton #2 Replacoment Project in an amount not to exceed $7,760,776.00; and, direct staff to Undertake the steps necessary to finalize Counci's action. FACTS: 1. On July 24, 2017, the City Counell approved distribution of @ Notice Inviting Bids N2M17-83 for the ‘Sewer Lit Stalon #2 Replacement Project. 2, Bids were opened on October 26, 2017. Three bids were received for the project. MNR. Construction inc. submited the lowest apparent bid, however, due do mathematica errors in their bid they have since withdrawn the bid. GRFCO Inc. submitted the next lowest qualified bid at $7,760,775.00, 3. The Consent Judgement entered into with the Regional Water Quality Board dated December 14, 2015, calls forthe replacement of Sewer Lift Station #2 4, Sewer Lift Station #2 is currently located near the comer of Meridian Avenue and Ramona ‘Avenue, the replacement Ift station will be located near the comer of Orange Grove Avenue and Ramona Avenue. 65. Staff has reviewed their proposal and found it to be in full compliance and conformance with the project specifications FINANCIAL ANALYSIS: This project was originally budgeted in fiscal year 2015/16, the funding has been carried forward through the last two fiscal years as the project has been designed and re-designed in an effort to lower the project cost. Currently there is $3,983,172.80 available in fiscal year 17/18 in account 404.80.8681.91411 for this project; tis award of contract is for $7,760,775.00 leaving a shortage in available funding of $3,777,60220. Therefore, staff is requesting that the Finance Director ‘appropriate funds in the amount of $3,777,602.20 from the Sewer Fund Balance for this award of Contract. Its further requested that the funds be allocated to account number 404.80.8681.91411 ‘Sewer Lift Station #2 Replacement Project. ATTACHMENTS:tom No._|® el CITY OF ALHAMBRA en ‘AGENDA REPORT ‘habe, CITY MANAGER APPROVAL: t DATE: November 13, 20) To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Martin Rey, Director of Utiities SUBJECT: AWARD OF CONTRACT. REPLACEMENT OF THE PROGRAMMABLE LOGIC CONTROLLER (PLC) FOR THE ION EXCHANGE VESSELS AT ‘THE GROUND WATER TREATMENT PLANT (GWTP) RECOMMENDATION It is recommended that the City Council approve an award of contract, subject to final language ‘appraval by the City Manager and City Attorney, by and between the City of Alhambra and ‘SCADA Integration nc. for Replacement ofthe Programmable Logic Controller (PLC) forthe lon Exchange Vessels at the Ground Water Treatment Plant not to exceed $78,760.00; and, direct staff to undertake the steps necessary to finalize Councis action. BACKGROUND: ‘The Ground Water Treatment Plant Is a vital source of drinking water for the City. The current PLC that monitors and operates the lon Exchange process isthe original equipment that was installed over ten years ago and is stating to show signs of failure. Inthe past two years, staff has had to replace output cards that are costly and cause the GWTP to be offine for extended periods of time, This contract would replace the existing Koyo PLC with a M340 Schneider Electric PLC which is now the Utes Department standard. SCADA Integrations Ine, is currently under contract to perform the maintenance and repair of the City's supervisory control and data acquisition (SCADA) systems. SCADA Intogrations Inc. is familiar with and has worked at all of the City's water and sewer facilies. Therefore, in accordance with AMC 336.080 staff recommends using SCADA Integrations due to their past performance and familiarity with the Giy’s systems to replace the PLC's for the ion exchange veseals the Ground Water Treatment Pant EINANCIAL ANALYSIS: Funding is available in the 2017/18 budget in account number 401.80.8888.61202 ATTACHMENTS: Nonetom no. CITY OF ALHAMBRA i eran "AGENDA REPORT crviaoersronow: 2 are sanz To: Honorable Mayor and Members of the Cy Coun ‘SUBMITTED B) ‘Mary Chavez, Director of Public Works, ii) supsecr; Appropation of Funds for Purchase of Hybrid Vehicle RECOMMENDATION: It i recommended that the City Council approve the sppropration of $40,000.00 from the Equipment Funel balanes forthe purchase of a plug-in hybrid vehicle, direc the Finance Director to _aporopriate $40,000.00 from the Equipment Fund forthe purchase; and direct staff to undertake the ‘steps necessary to finalize Council's action. BACKGROUND: 12016, a Hyundai Sonata plugin hybrid vehicle was purchased for use inthe City's fleet. Recently this vehicle's auxiliary baler falled and it was taken tothe dealership for repair. Cty Staff was contacted by Hyundai Motor America to purchase this vehicle back under the California Lemon Law. City Stef is working with the City Attomey’s Office on this setlement. In the meantime, iis necessary to purchase a replacement vehicle, The City’s fleet has several Ford Fusion plug-in hybrid vehicles, So as to keep uniformity in the Cys fleet, staff will be solicing quotes for the purchase of a Ford Fusion FINANCIAL, : ‘twil be necessary to appropriate $40,000.00 forthe purchase from the Equipment Fund. Funds received from the Settlement ofthe 2076 Hyundai Sonata vehicle wll be deposited back into the Equipment Fund ATTACHMENT: Nonetem No,_ 12 1 CITY OF ALHAMBRA. “Abharibra AGENDA REPORT CITY MANAGER APPROVAL: T DATE: November 13, 20 To: Honorable Mayer and Members of the City Council SUBMITTED BY: Paolo Kespract, Management Assistant (- SUBJEC' NOTICE INVITING BIDS: INTERIOR PAINTING OF VARIOUS CITY HALL AREAS RECOMMENDATION: tis recommended thatthe City Counel approve the distribution ofa Notice Inviting Bids to qualited ‘contractors forthe Interior Painting of Various Cty Hal Areas, with bids due no later than 10:30 a.m, fon Thursday, December 7, 2017 and opened publicly at 11:00 am. the same day. BACKGROUND: Recently, City Hallhas undergone upgrades to workstations and masificationsto the bulding which hhas included some interior paint The project will consist of painting and patching the interior bulcing ‘of various areas within City Hall to match the look ofthe previously upgraded workstation. EI IALYSIS: Funding for this projects available in account number: $10.14.1290.61625Item No, 12 CITY OF ALHAMBRA ‘AGENDA REPORT att November 13, 2017 To: Honorable Mayor and Members ofthe City Council SUBMITTED BY: Palo Kespraui, Mariayeneri Assistant suBJECT: RESOLUTION NO. R2M17-43 AUTHORIZING THE CLOSURE OF ALL CITY OFFICES FOR THE EMPLOYEE HOLIDAY LUNCHEON RECOMMENDATION: Itis recommended thatthe Cty Council adopt Resolution No, R2M17-43: ARESOLUTION OF THE ALHAMBRA CITY COUNCIL AUTHORIZING ‘THE CLOSURE OF ALL CITY OFFICES FOR ‘THE EMPLOYEE HOLIDAY LUNCHEON BACKGROUNI ‘The Alhambra Municipal Code states thatthe Cty Counel must authorize the closure of any city building or facility during regular business hours. ‘The Interim City Manager would ike City Couneil authorzation to allow forthe closure ofall ty buildings, facies, and ofces for atwo-hour period on Wednesday, December 20,2017 from 11:30, ‘am. to 1.30 p.m. 80 tha all City employees may attend the Employee Holiday Lunchecn, ‘There wil be na dlerupton to any essential ty services during this proposed closure ofc atfices and buildings. Allemergency personnel wil sil be atively working during the closure of cy offices FINANCIAL ANALYSIS: Not Applicable, ATTACHMENTS: Resolution No. ROMI7-43