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November 6, 2018 — California General Election
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Local

City of Jurupa Valley
Measure L - Majority Approval Required

To learn more about measures, follow the links for each tab in this section. For most screenreaders, you can hit Return or Enter to enter a tab and read the content within.

Election Results

Passed

11,214 votes yes (53.9%)

9,590 votes no (46.1%)

100% of precincts reporting (39/39).

20,804 ballots counted.

Shall the ordinance which legalizes retail cannabis sales and commercial cannabis activity in certain zones, imposes operational requirements, and imposes an annual general tax of up to $25 per square foot of space used for retail cannabis sales and up to $3 per square foot for space used for other commercial cannabis activity (potentially generating $196,875 annually from retail sales and an unknown amount from other commercial activity and continuing until repealed) be adopted?

What is this proposal?

Measure Details — Official information about this measure

Impartial analysis / Proposal

City of Jurupa City Attorney

In June 2018, the voters approved Ordinance No. 18-06 prohibiting all "commercial cannabis activity" in the City, defined to include cultivation, possession, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery and sales of cannabis and cannabis goods.

Measure L , placed on the ballot by a petition signed by the requisite number of voters, would provide an exemption from enforcement to allow "commercial cannabis activity" in certain areas of the City:

  • Retail cannabis businesses would only be allowed in the General Commercial (C-1/C-P) and Rubidoux Village Commercial (R-VC ) zones;
  • Other commercial cannabis businesses would be allowed in these zones and in the Manufacturing-Service Commercial (MS-C ) and Business Park (B-P ) zones.

Measure L provides for the following regulations of these businesses:

  • seven cannabis retailers allowed in the City at this time based on one cannabis retailer may receive exempt status for every 15,000 residents;
  • Only three commercial cannabis businesses can be located within a 1,000-feet radius of one another, but no set limit on the number of cannabis cultivation, manufacturing, distribution, or laboratory testing facilities that can obtain exempt status;
  • Commercial cannabis businesses cannot be located within a 600-foot radius of a school providing instruction in kindergarten or any grades 1 through 12 existing at the time the application is filed;
  • No radius restrictions may be imposed by the City on commercial cannabis business near day care or youth centers.
  • Commercial cultivation is prohibited outdoors;
  • Only $200 in cash overnight and no one under 21 allowed in commercial cannabis businesses; and
  • All commercial cannabis businesses would require a state license

No discretionary permit is required to be issued by the City before a cannabis business can operate in the City. "Priority" applicants can apply before "non-priority" applicants to obtain exempt status if they filed a Statement by Unincorporated Association with the California Secretary of State before September 1, 2016 that contains certain language. If the application is deemed complete and complies with the zoning and location restrictions set forth above, a cannabis business can operate in the City, subject to the provisions of the Measure.

 

Commercial cannabis businesses would be required to pay the City the following annual tax for general governmental purposes:

 

  • A maximum of $25 per square foot of space used for retail cannabis sales.
  • A maximum of $3 per square foot for space used in connection with all other commercial cannabis activity. The annual tax to be collected is dependent on the size and number of cannabis businesses that operate in the City each year. The City Council is authorized to lower the tax rates but voter approval is required to increase the tax. This local tax is in addition to taxes imposed and collected by the State.

 

A “Yes” vote on Measure L allows cannabis businesses to operate in certain areas of Jurupa Valley, subject to regulation and tax. A “No” vote is against the operation of cannabis businesses in the City.

Dated: August 6, 2018

By:Peter M. Thorson, City Attorney, City of Jurupa Valley

The above statement is an impartial analysis of Measure L. If you desire a copy of the Measure, please call the elections official’s office at (951) 332-6464 and it will be mailed at no cost to you.

Published Arguments — Arguments for and against the ballot measure

Arguments FOR

Unlike the previous City of Jurupa Valley marijuana business ballot measure, this Measure would impose a local sin tax on all marijuana businesses operating within our City. The annual sin tax would allow our City to collect $25 per square foot of space utilized for retail marijuana sales, and $3 per square foot of space utilized for any other type of commercial marijuana activity, such as distribution, laboratory testing, and product manufacturing.

In spite of our City's prohibition on state-licensed marijuana businesses, it remains infested with illegal marijuana dispensaries. City Hall authorized—at taxpayer expense—a private law firm to litigate over 50 lawsuits against local marijuana business operators, and yet illegal marijuana dispensaries continue to operate openly and notoriously across our City.

The local revenue generated by the sin tax would provide a source of revenue that could be used to finally crack down on illegal marijuana dispensaries and keep them out of our City for good. Any additional revenue generated by the sin tax could be used to make our City a cleaner and safer place.

In addition to generating revenue for our City, here are just a few ways this Measure would be an improvement over the existing failed prohibition:

·         Requires all local marijuana businesses to be fully licensed, heavily regulated, and accountable to multiple State and local regulatory agencies;

·         Restricts the total number of state-licensed dispensaries operating within the City to 1 per 15,000 City residents;

·      Prevents marketing or sales to children, requiring purchasers to be over 21; and

·         Keeps state-licensed marijuana businesses away from schools and out of neighborhoods.

Vote YES, it's a commonsense solution.

/s/ Katelyn Garcia, Longtime City Resident

— City Clerk, City of Jurupa Valley

Arguments AGAINST

Vote No on Measure “L”

57% of Jurupa Valley voters voted against Measure A to legalize commercial marijuana/cannabis businesses in the City, including dispensaries, in one commercial zone in the June 2018 election.

57% of Jurupa Valley voters also voted in favor of Measure B prohibiting all commercial marijuana/cannabis businesses in the City in the June 2018 election with limited exceptions.

Measure L would now exempt commercial marijuana/cannabis businesses from this voter-approved prohibition on commercial marijuana/cannabis businesses in commercial areas and force the City to have:

  • Seven marijuana dispensaries in the General Commercial and Rubidoux Village Commercial zones
  • Other marijuana businesses such as indoor cultivation, manufacturing, distribution or testing in these zones as well as in the Manufacturing Service Commercial and Business Park zones.

Measure L would impose a new Jurupa Valley tax on these businesses that can only be increased by voter approval.

Marijuana businesses will create devastating problems for the City:

  • Marijuana businesses have been known to attract crime and would divert law enforcement resources from other areas of the City;
  • Measure L would prohibit the City from imposing conditions on the operation of marijuana businesses in order to protect the health and safety of the community including day care or youth centers;
  • Measure L would likely require the City to hire additional staff and law enforcement at an estimated cost of $345,000 per year; and
  • Commercial marijuana businesses are illegal under federal law. 


/s/ Michael Goodland, Mayor
/s/ Brian Berkson, Mayor Pro Tem
/s/ Anthony Kelly, Jr., Council Member
/s/ Verne Lauritzen, Council Member
/s/ Laura Roughton, Council Member

— City Clerk, City of Jurupa Valley

Replies to Arguments FOR

Vote no on Measure “L”!

57% of Jurupa Valley voters approved Measure B in June 2018 in order to prohibit all marijuana dispensaries and marijuana businesses in the City. Measure L would overturn this voter approved prohibition and allow commercial marijuana businesses including seven marijuana dispensaries in the City.

No reason exists to overturn this decision of the voters and no reason exists to force the City to accept marijuana dispensaries and marijuana businesses.

Good reasons exist to continue the prohibition on marijuana businesses and prevent devastating problems for the City:

l    Marijuana businesses have been known to attract crime and would divert law enforcement resources from other areas of the City;

l    Measure L would prohibit the City from imposing conditions on the operation of marijuana businesses in order to protect the health and safety of the community including day care and youth centers;

l    Measure L would require the City to hire additional staff and law enforcement at an estimated cost of $345,000 per year; and

l    Commercial marijuana businesses are illegal under federal law.

Cities that have legalized marijuana dispensaries continue to struggle with closing illegal dispensaries. Illegal dispensaries will not collect the 15% State tax and additional local taxes from customers and sell marijuana at substantially lower prices.

Jurupa Valley continues to successfully close and shutter illegal dispensaries. Measure L will do nothing to stop illegal dispensaries and will create many additional problems for the City.

/s/ Michael Goodland, Mayor
/s/ Brian Berkson, Mayor Pro Tem
/s/ Anthony Kelly, Jr., Council Member
/s/ Verne Lauritzen, Council Member
/s/ Laura Roughton, Council Member

— City Clerk, City of Jurupa Valley

Replies to Arguments AGAINST

Measure L's sin tax is capable of generating millions of dollars for our City over time. Under our existing failed prohibition on state licensed marijuana businesses illegal dispensaries operate with impunity all across our City, and our community gets nothing from it.

Stop the insanity! Let's use the revenue generated from Measure L to shutdown the

dangerous and illegal dispensaries, which will be replaced with a few highly regulated and accountable businesses.

Measure L is capable of solving our City's longstanding problem with illegal dispensaries.

Vote YES on Measure L

/s/ Katelyn Garcia, Longtime City of Jurupa Valley Resident

— City Clerk, City of Jurupa Valley
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