HomeMy WebLinkAboutGovernment Code Section 65858(d) Report on Interim OrdinanceMEETING DATE:
Dept. ID 15-012 Page 1 of 2
Meeting Date: 6/1/2015
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CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
June 1, 2015
SUBMITTED TO: Honorable Mayor and City Councilmembers
SUBMITTED BY: Michael E. Gates, City Attorney
PREPARED BY: Michael E. Gates, City Attorney
Resolution No. 2015-22
SUBJECT: Government Code Section 65858(d) Report on Interim Ordinance No. 4054
Statement of Issue: Government Code Section 65858(d) requires the City Council to issue a
written report describing the measures taken to date to alleviate the conditions which led up to the
adoption of Interim Ordinance No. 4054.
Financiallmpact: N/A
Recommended Action:
Motion to adopt Resolution No. 2015- 22 , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES
TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM
ORDINANCE NO. 4054.
Alternative Action(s): Do not adopt the Resolution.
Analysis: On May 4, 2015, pursuant to Government Code Section 65858, the City Council
adopted Interim Ordinance No. 4054, which added new Section 204.18 to Huntington Beach Zoning
and Subdivision Ordinance ("HBZSO") to expressly inform the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc. is
prohibited in the City of Huntington Beach.
Government Code Section 65858(d) requires that ten days prior to the expiration of an interim
ordinance, the City Council shall issue a written report describing the measures taken to alleviate
the conditions which led up to the adoption of the interim ordinance.
Resolution No. 2015- 22 contains the required report, and it is recommended that the City
Council approve and adopt the Resolution in compliance with Government Code Section 65858(d).
Environmental Status: N/A
Strategic Plan Goal: Improve quality of life
Item 4. - 1 759/121594 HB -54-
Dept. ID 15-012 Page 2 of 2
Meeting Date: 6/1 /2015
Attachment(s):
Resolution No. 2015- 22 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES
TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE ADOPTION OF INTERIM
ORDINANCE NO. 4054
15-4759/121594 HB -55- Item 4. - 2
RESOLUTION NO. 2 015 - 2 2
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
ISSUING A WRITTEN REPORT DESCRIBING
THE MEASURES TAKEN TO ALLEVIATE
THE CONDITIONS WHICH LED TO TILE ADOPTION
OF INTERIM ORDINANCE NO. 4054
WHEREAS, the City Council of the City of Huntington Beach ("City Council"), at its
regular meeting of May 4, 2015, and pursuant to Government Code Section 65858, adopted
Interim Ordinance No. 4054, which added new Section 204.18 to Huntington Beach Zoning and
Subdivision Ordinance ("HBZSO") to expressly inforill the public that any distribution of
marijuana by Medical Marijuana Businesses, Collectives, Cooperatives or Dispensaries, etc, is
prohibited in the City of Huntington Beach; and
The City Council desires to issue the written report required pursuant to Govermment
Code Section 65858(d) describing the measures taken to alleviate the conditions which led up to
the adoption of Interim Ordinances No. 4054,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Above Recitals. The City Council finds that the above recitals are true and correct.
2. Report Describing Measures Talcen. The measures taken to alleviate the conditions
which led up to the adoption of Interim Ordinances No. 4054 are as follows:
On May 18, 2015, the City Council adopted regular Ordinance No. 4058,
which amended the HBZSO by adding new Section 204.18 to expressly inform
the public that any distribution of marijuana by Medical Marijuana Businesses,
Collectives, Cooperatives or Dispensaries, etc. is prohibited in the City of
Huntington Beach.
3. Issuance of Alleviation Measures Report. In accordance with Government Code
Section 65858(d), the City Council hereby issues the written report set out in Section 2 of this
Resolution describing the measures taken to alleviate the conditions that led to the adoption of
Interim Ordinance No. 4054.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on .Tune 1, 2015.
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APPROVED-A'SO FORM:
City Attorney
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REVIEW APPROVED:
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Res. No. 2015-22
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on June 1, 2015 by the following vote:
AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: Sullivan
ABSTAIN: None
r
City 46 and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California