CITY of LA GRANDE COUNCIL ACTION FORM. Council Meeting Date: June 6, Robert A. Strope, City Manager. 1. MAYOR: Request Staff Report

Transcription

1 CITY of LA GRANDE Agenda Item._7.d._ Office Use Only COUNCIL ACTION FORM Council Meeting Date: June 6, 2018 PRESENTER: COUNCIL ACTION: Robert A. Strope, City Manager CONSIDER RESOLUTION APPROVING REFERRAL TO CITY VOTERS TO IMPOSE A THREE PERCENT TAX ON RECREATIONAL MARIJUANA ITEMS SOLD WITHIN THE CITY LIMITS 1. MAYOR: Request Staff Report 2. MAYOR: Invite Public Comments 3. MAYOR: Invite Council Discussion 4. MAYOR: Entertain Motion Suggested Motion: I move that the Resolution approving the referral to voters to impose a three percent tax on recreational marijuana items sold within the city limits be Read by Title Only, put to a vote, and passed 5. MAYOR: Invite Additional Council Discussion 6. MAYOR: Ask for the Vote *********************************************************************************************************************************** EXPLANATION: Earlier this evening, the Council adopted an Ordinance to refer to the voters of La Grande the question of imposing a three percent tax on recreational marijuana items sold with the city limits. The attached Resolution approves the referral and directs the City Attorney to prepare the Ballot Title. The Ballot Question and Summary are attached as Exhibit A and the Explanatory Statement is attached as Exhibit B. The City Manager recommends passage of the proposed Resolution as presented by Staff. ********************************************************************************************************************************** Reviewed By: (Initial) COUNCIL ACTION (Office Use Only) City Manager Human Resources Dept City Recorder Library Motion Passed Aquatics Division Parks Department Motion Failed; Building Department Planning Department Action Tabled: ED Department Police Department Vote: Finance Public Works Department Fire Department Resolution Passed Effective Date: COUNCIL ACTION FORM TEMPLATE REVISED Ordinance Adopted First Reading: Second Reading: Effective Date:

2 CITY OF LA GRANDE RESOLUTION NUMBER Series 2018 A RESOLUTION APPROVING REFERRAL TO THE ELECTORS OF THE CITY OF LA GRANDE, OREGON, THE QUESTION OF IMPOSING A THREE PERCENT TAX ON THE SALE OF MARIJUANA ITEMS BY A MARIJUANA RETAILER WITHIN THE CITY WHEREAS, ORS 475B.3445 provides that a city council may adopt an ordinance to be referred to the voters that imposes up to a three percent tax on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the city; and WHEREAS, the City Council of the City of La Grande adopted Ordinance Number, which imposes a tax of three percent on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City; NOW, THEREFORE, THE CITY OF LA GRANDE RESOLVES AS FOLLOWS: Section 1. MEASURE A Measure election is hereby called for the purpose of submitting to the electors of the City of La Grande a Measure imposing a three percent tax on the sale of marijuana items by a marijuana retailer in the area subject to the jurisdiction of the City, a copy of which is attached hereto as Exhibit A, and incorporated herein by reference. Section 2. ELECTION CONDUCTED BY MAIL The Measure election shall be held in the City of La Grande on November 6, As required by ORS , the Measure election shall be conducted by mail by the County Clerk of Union County, according to the procedures adopted by the Oregon Secretary of State. Section 3. DELEGATION The City of La Grande authorizes the City Manager, or the City Manager s designee, to act on behalf of the City and to take such further action as is necessary to carry out the intent and purposes set forth herein, in compliance with the applicable provisions of law. Section 4. PREPARATION OF BALLOT TITLE The City Attorney is hereby directed to prepare the ballot title for the Measure, and deposit the ballot title with the City Elections Officer within the times set forth by law. Section 5. NOTICE OF BALLOT TITLE AND RIGHT TO APPEAL Upon receiving the ballot title for this Measure, the City Elections Officer shall publish in the next available edition of a newspaper of general circulation in the City, a notice of receipt of the ballot title including notice that an elector may file a petition for review of the ballot title. Section 6. EXPLANATORY STATEMENT The explanatory statement for the Measure, which is attached hereto as Exhibit B, and incorporated herein by reference, is hereby approved.

3 CITY OF LA GRANDE Resolution Number Series 2018 Page 2 Section 7. FILING WITH COUNTY ELECTIONS OFFICE The City Elections Officer shall deliver the Notice of Measure Election to the County Clerk for Union County for inclusion on the ballot for the November 6, 2018, general election. PASSED and EFFECTIVE ON this Sixth (6th) Day of June, 2018, by ( ) of ( ) Councilors present and voting in the affirmative. Stephen E. Clements, Mayor Gary Lillard, Mayor Pro Tem Corrine Dutto, Councilor Nicole Howard, Councilor Mary Ann Miesner, Councilor Troy Pointer, Councilor Justin Rock, Councilor ATTEST: Angelika N. Brooks City Recorder

4 Exhibit "A"

5 EXHIBIT B EXPLANATORY STATEMENT Approval of this measure would impose a three percent tax on the sale of marijuana items by a marijuana retailer within the city. There are no restrictions on how the City may use the revenues generated by this tax. Under Measure 91, adopted by Oregon voters in November 2014, codified in ORS Chapter 475B, and amended by the Legislature in 2016, the Oregon Liquor Control Commission must license the retail sale of recreational marijuana. ORS 475B.345 provides that a city council may adopt an ordinance imposing up to a three percent tax on the sale of marijuana items (which include marijuana concentrates, extracts, edibles, and other products intended for human consumption and use) by retail licensees in the city, but the council must refer that ordinance to the voters at a statewide general election. The City of La Grande City Council has adopted an Ordinance imposing a three percent tax on the sale of marijuana items by a retail licensee in the city, and, as a result, has referred this measure to the voters.