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R-10159 f: \atty\m u n i\laws \mj m \oa ks i n itiativeba Ilotmeasu re. d oc City Council Meeting 8-8-06 Santa Monica, California RESOLUTION NUMBER 10159(CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SUBMITTING TO THE VOTERS A MEASURE AMENDING THE CITY CHARTER AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7,2006, AUTHORIZING CITY COUNCIL MEMBERS TO FILE WRITTEN ARGUMENTS FOR OR AGAINST THE PROPOSITION AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE WHEREAS, on June 13, 2006, the City Council adopted a Resolution calling for and giving notice of a General Municipal Election on Novernber 7,2006; and WHEREAS, California Elections Code Section 9255 authorizes the governing body of a charter city to place proposed Charter amendments on the ballot; WHEREAS, the City Council of the City of Santa Monica wishes to place the following proposition on the ballot at the General Municipal Election to be held on November 7,2006, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AND PROCLAIM AS FOLLOWS: 1 SECTION 1. A General Municipal Election has been called for November 7,2006, for the purpose, among other things, of subrnitting a Charter amendment proposition to the voters. SECTION 2. At the General Municipal Election called for November 7, 2006, the following proposition shall be submitted to the qualified electors of the City of Santa Monica: PROPOSITION" ": Shall City Charter Article XXII be amended by replacing restrictions against a person giving, Yes and a City official receiving, any campaign contribution, employment, or valuable gift, after the official votes 'yes" on certain matters benefiting the person, with prohibitions against giving or receiving anything valuable in return for an official decision and against using public office to gain No employment, and restrictions on gifts from persons doing business with the City and other (lifts? SECTION 3. The City Clerk shall transmit to the City Attorney, in accordance with Elections Code Section 9280, a copy of the foregoing measure. The City Attorney shall prepare an impartial analysis of it, which analysis shall not exceed 500 words in length each. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. In accordance with Municipal Code Section 11.04.190, the City Clerk shall make a copy of all official elections materials available for public examination in the City Clerk's office for ten days immediately following the filing deadline for such rnaterials. 2 SECTION 4. The City Council authorizes its members, as follows, to file written arguments for or against the rneasure described above and which is contained in Exhibit 1 to this Resolution, which Exhibit is incorporated by reference herein: FOR: Councilmembers Censer, Bloom, Katz, Mayor p!p Tem Shriver AGAINST: All written arguments filed by any person in favor of or against any measure, including any rebuttal arguments, shall be accompanied by the names and signatures of the persons submitting the argument as required by applicable law, and any names, signatures and argurnents may be filed until the time and date fixed by the City Clerk, after which no change may be submitted to the City Clerk unless permitted by law. SECTION 5. The City Clerk shall cause the text of the measure, which is contained in Exhibit 1, together with the City Attorney impartial analysis, and any arguments for or against the measure, as well as any rebuttal, to be rnailed to all qualified voters with the sarnple ballot. In addition to other notices and publications required by law, the City Clerk, not less than forty (40) days and not rnore than sixty (60) days before the General Municipal Election, shall cause the text of the rneasure to be published once in the official newspaper and in each edition thereof during the day of publication. The City Clerk is authorized to give such notices and to fix such times and dates as are required by law or which are appropriate to conduct properly the election. 3 SECTION 6. The provisions of Resolution Nurnber 10134 (CCS) are referred to for more particulars concerning the General Municipal Election to be held on November 7, 2006 and in all respects the election shall be held and conducted as provided for by applicable law. The City Clerk is authorized and directed to procure and furnish any official ballots, notices, printed materials and all supplies or equipment that may be necessary in order to properly and lawfully conduct the election. SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~ 4 Adopted and approved this 8th day of August, 2006. h-/-:~~ Robert T. Holbrook, Mayor IJ Maria StewartJ City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10159 (CCS) was duly adopted at a rneeting of the Santa Monica City Council held on the 8th day of August 2006, by the following vote: Ayes: Council members: Bloom, Katz, O'Connor, Mayor Holbrook Noes: Council members: McKeown Abstain: Council members: None Absent: Council rnembers: Genser, Mayor Pro Tem Shriver ATTEST: Mari~rt,~t EXHIBIT The people of Santa Monica ordain as follows: Title 3 of the Santa Monica Municipal Code is amended to add a new chapter, 3.72, entitled "Lowest Law Enforcement Priority Policy Ordinance," to read as follows: Chapter 3.72 Sections 3.72.010 Purpose 3.72.020 Title 3.72.030 Findings 3.72.040 Definitions 3.72.050 Lowest Law Enforcement Priority Policy 3.72.060 Community Oversight 3.72.070 Notification of Federal and State Officials 3.72.080 Enforceability- 3.72.090 Severability 3.72.010 Purpose The purpose of this chapter is: (a) to de-prioritize law enforcement of marijuana offenses where the marijuana is intended for adult personal use -- specifically, to make investigations, citations, arrests, property seizures, and prosecutions for those offenses the city of Santa Monica's lowest law enforcement priority and (b) to transmit notification of the enactment of this initiative to state and federal elected officials who represent the city of Santa Monica. 3.72.020 Title This chapter shall be known as the Lowest Law Enforcement Priority Policy Ordinance. 3.72.030 Findings (a) Current marijuana policies needlessly harm medical marijuana patients. (b) The federal government's war on drugs has failed. (c) Santa Monica should determine its marijuana policies locally, not hand them over to the federal Drug Enforcement Administration. (d) Otherwise law-abiding adults are being arrested and imprisoned for nonviolent marijuana offenses, which is clogging courts and jails in California. (e) Each year, California spends more than $150 million of taxpayer money enforcing marijuana laws. (f) Law enforcement resources would be better spent fighting serious and violent crimes. (g) Decades of arresting millions of marlJuana users have failed to control marijuana use or reduce its availability. 3.72.040 Definitions For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: (a) "Adult" means an individual who is 21 years of age or older. (b) "Santa Monica law enforcement officer" means a member of the Santa Monica Police Department or any other city agency or department that engages in law enforcement activity. (c) "Lowest law enforcement priority" means a priority such that all law enforcement activities related to all offenses other than adult, personal-use marijuana offenses shall be a higher priority than all law enforcement activities related to marijuana offenses, where the marijuana was intended for adult personal use, other than the exceptions designated in this chapter. (d) "Marijuana" means all parts of the cannabis plant, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. 3.72.050 Lowest Law Enforcement priority Policy (a) Santa Monica law enforcement officers shall make law enforcement activity relating to marijuana offenses, where the marijuana was intended for adult personal use, their lowest law enforcement priority. Law enforcement activities relating to marijuana offenses include, but are not limited to, investigation, citation, arrest, seizure of property, or providing assistance to the prosecution of adult marijuana offenses. (b) This lowest law enforcement priority policy shall not apply to use of marijuana on public property or driving under the influence. (c) This lowest law enforcement priority policy shall apply to cooperating with state or federal agents to arrest, cite, investigate, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy. (d) Santa Monica law enforcement officers shall not accept or renew formal deputization or commissioning by a federal law enforcement agency if such deputization or commissioning will include investigating, citing, arresting, or seizing property from adults for marijuana offenses included in the lowest law enforcement priority policy. (e) Santa Monica shall not accept any federal funding that would be used to investigate, cite, arrest, prosecute, or seize property from adults for marijuana offenses included in the lowest law enforcement priority policy. This shall not prevent Santa Monica from receiving any federal funding not used for purposes contrary to this chapter. 3.72.060 Community Oversight (a) The Santa Monica City Council shall ensure the timely implementation of this chapter by: (1) designing, with consultation with the Santa Monica Police Department, a supplemental report form for Santa Monica law enforcement officers to use to report all adult marijuana arrests, citations, and property seizures and all instances of officers assisting in state or federal arrests, citations, and property seizures for any adult marijuana offenses. The supplemental report form shall be designed with the goal of allowing the City Council to ascertain whether the lowest law enforcement priority policy was followed; (2) receiving grievances from individuals who believe they were subjected to law enforcement activity contrary to the lowest law enforcement priority policy; (3) requesting additional information from any Santa Monica law enforcement officer who engaged in law enforcement activity relating to one or more marijuana offenses under circumstances which appear to violate the lowest law enforcement priority policy. An officer's decision not to provide additional information shall not be grounds for discipline; and (4) reporting semiannually on the implementation of this chapter, with the first report being issued nine months after the enactment of this chapter. These reports shall include but not necessarily be limited to: the number of all arrests, citations, property seizures, and prosecutions for marlJuana offenses in Santa Monica; the breakdown of all marijuana arrests and citations by race, age, specific charge, and classification as infraction, misdemeanor, or felony; any instances of law enforcement activity that the City Council believes violated the lowest law enforcement priority policy; and the estimated time and money spent by the city on law enforcement and punishment for adult marijuana offenses. These reports shall be made with the cooperation of the Los Angeles County District Attorney's Office, the Santa Monica Police Department, and any other Santa Monica law enforcement agencies in providing needed data. (b) Santa Monica law enforcement officers shall submit to the City Council a supplemental report within seven calendar days after each adult marijuana a~rest, citation, or property seizure or instance of assisting in a state or federal arrest, citation, or property seizure for any adult marijuana offense in Santa Monica. 3.72.070 Notification of Federal and State Officials Beginning three months after the enactment of this chapter, the city clerk shall execute a mandatory and ministerial duty of sending letters on an annual basis to Santa Monica voters' u.S. representative or representatives, both of California's u.S. senators, Santa Monica voters' senators and Assembly members in the California State Legislature, the governor of California, and the president of the United States. This letter shall state, "The citizens of Santa Monica have passed an initiative to de- prioritize adult marijuana offenses, where the marijuana is intended for personal use, and request that the federal and California state governments take immediate steps to enact similar laws." This duty shall be carried out until state and federal laws are changed accordingly. 3.72.080 Enforceability All sections of this chapter are mandatory. If any provision of this chapter is not carried out properly, any resident of Santa Monica may seek a writ of mandate to ensure the law is fully implemented. Notwithstanding 1.08.010 of the Santa Monica municipal code, a violation of this chapter is not a criminal offense. 3.72.090 Severability If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provisions to other persons or circumstances shall not be affected thereby.