January 20, 2009 BREA REDEVELOPMENT AGENCY 4:30 p.m. -

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1 rrrr On"; John Seauman, Mayor can Garcia, Mayor Pro Tern Roy Moore, Councilmember Don Schweitzer, Councilmember CA L IF omf n Marty Simonoff Councilmember WWI BREA CITY COUNCIL January 20, 2009 BREA REDEVELOPMENT AGENCY 4:30 p.m. - Public Comment & Closed Session 5:00 p.m. - Study Session 7: 00 p.m. - General Session This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk's Office at 714/ or view the Agenda and related materials on the City's website at www. citvofbrea.net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk' s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City's website subject to staff' s ability to post documents before the meeting. Procedures for Addressing the Council The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State Law prohibits the City Council or Agency Board from responding to or acting upon matters not listed on this agenda. The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you. Special Accommodations In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk' s Office at 714/ Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. ( 28 CFR ADA Title 11) Important Notice The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at net. Your attendance at this public meeting may result in the recording and broadcast of your image and/ or voice as previously described.

2 r Brea City Council/ Brea Redevelopment Agency Agenda January 20, 2009 CLOSED SESSION 4: 30 p.m. - Executive Conference Room Level Three 1. CALL TO ORDER/ ROLL CALL Council/ Agency 2. PUBLIC COMMENT ON CLOSED SESSION AND/ OR STUDY SESSION ITEMS 3. RECESS REDEVELOPMENT AGENCY Closed Session may convene to consider matters of purchase / sale of real property ( G. C ), pending litigation [ G. C (a)], potential litigation[ G. C (b)] or personnel items( G. C ). Records not available for public inspection. 4. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION ( G. C ( a)) 4. 1 Riker V. City of Brea- Workers' Compensation Appeals Board Time: 10 min. 5. CONFERENCE WITH LABOR NEGOTIATOR (G. C ) 5. 1 Brea Police Association, Police Management, Firefighters and Fire Management Citv Neqotiator: Youngs Time: 20 min. STUDY SESSION 5: 00 p. m. Executive Conference Room Level Three 1. Call to Order/ Roll Call Council/ Agency 2. Confirm Council/ Agency Calendars- 5 min. 3. Clarify Regular Meeting Topics - 10 min. 4. Recess Redevelopment Agency Meeting 5. Council Discussion Items 5. 1 Citizen Commission, Committee and Board Appointments Time: 10 min Council Member Regional Committee and Board Assignments Time: 10 min Water Rate Discussion Time: 45 min Executive Management and City Council Member Compensation Time: 10 min. 2

3 Brea City Council/ Brea Redevelopment Agency Agenda January 20, Reports - 10 min Council Member Reports GENERAL SESSION 7: 00 p.m.- Council Chamber Plaza Level NEXT ORDINANCE NO NEXT RESOLUTION NO CALL TO ORDER/ ROLL CALL Council 2. PLEDGE OF ALLEGIANCE - Brea Girl Scout Troop # INVOCATION - Pastor Doug Green, North Hills Church 4. PROCLAMATIONS/ COMMENDATIONS/ PRESENTATIONS 4. 1 PRESENTATION: Visiting Students from Brea Sister City Hanno, Japan 5. REPORT PRIOR STUDY SESSION 6. MAYOR' S THEME 7. RECONVENE REDEVELOPMENT AGENCY MEETING 8. MATTERS FROM THE AUDIENCE 9. RESPONSE TO PUBLIC INQUIRIES- City Manager 10. RECESS REDEVELOPMENT AGENCY MEETING 11. PUBLIC HEARINGS Canyon Crest Appeal - Final EIR 02-01, Vesting Tentative Tract Map and Development Review ( Continued from December 2, 2008 Meeting) Recommendation: Continue Public Hearing to February 17, 2009 at 7:00 p. m. in Brea City Council Chambers Summarv: Canyon Crest is a proposed gated community of 165 estate- sized homes on a acre site in an undeveloped hillside setting. The Planning Commission approved the project and certified the Final EIR on June 24, The appellant appealed the Planning Commission actions on July 2, General Plan Maintenance Fee Recommendation: Continue to a date uncertain Summarv: The proposed General Plan Maintenance Fee could be used to provide a savings account to provide funding for future updates to the General Plan. Adoption could save the City's General Fund as much as $ 1. 6 million over a 10- year period Zoning Ordinance Amendment to Modify Development Standards for Churches and Religious Institutions Within Industrial Zones( Continued from December 2, 2008 Meeting) Recommendation: Introduce ordinance for first reading by title only and waive further reading of the ordinance Summarv: The proposed amendment would provide guidelines for the citing of churches and religious institutions within industrial zones Zoning Ordinance Amendment No. ZOA Medical Marijuana Dispensaries Recommendation: Introduce ordinance for first reading by title only and waive further reading of the ordinance Summarv: This amendment would add Chapter to Title 20 ( Zoning Ordinance) of the Brea Municipal Code and prohibit the establishment and operation of medical marijuana dispensaries in all zones. 3

4 Brea City Council/ Brea Redevelopment Agency Agenda January 20, CONSENT CALENDAR Council City Council approves all Consent Calendar matters with one motion unless Council or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during` Matters from the Audience." December 16, 2008 City Council Meeting Minutes Recommendation: Approve Summarv: This action would approve minutes of the previous City Council meeting October 14, 2008 Planning Commission Meeting Minutes Recommendation: Receive and file Summarv: This action would acknowledge receipt of recently approved Commission meeting minutes October 28, 2008 Parks, Recreation and Human Services Commission Meeting Minutes Recommendation: Receive and file Summarv: This action would acknowledge receipt of recently approved Commission meeting minutes November 11, 2008 Cultural Arts Commission Meeting Minutes Recommendation: Receive and file Summarv: This action would acknowledge receipt of recently approved Commission meeting minutes December 19 & 26, 2008 and January 9 & 16, 2009 City Warrant Registers Recommendation: Approve Summarv: This action would approve warrant registers generated since the last City Council meeting Advisory Board Deactivation Recommendation: Adopt resolutions (2) Summarv: This action would deactivate the Senior Citizens Advisory Board and the Housing Breans Advisory Board, resulting in a budget savings due to reduction of staffing resources and supplies necessary to support the boards Amendment to California Insurance Pool Authority( CIPA) Agreement Recommendation: Adopt resolution Summarv: This action would adopt the recommendations of the CIPA Board of Directors to establish a workers' compensation pool program. No fiscal impact Support for Orange County Gateway Project Alternative D Recommendation: Adopt resolution Summarv: This action would support the City of Placentia' s choice of Orange County Gateway Project Alternative D. The Orange County Gateway Project will facilitate the removal of numerous at- grade rail crossings that currently impede vehicle traffic in North Orange County. No fiscal impact Landscape and Lighting Districts# 1-7 Annual Maintenance Assessment Recommendation: Adopt resolutions ( 7) Summarv: These resolutions would instruct the Director of Maintenance Services to create engineering reports which detail the proposed improvements. No General Fund impact Contract with GTA Construction for Service Center Office Building Remodel Project Recommendation: Accept contract as complete Summarv: This project would approve final quantities and authorize the City Clerk to file a Notice of Completion. 13. RECESS CITY COUNCIL MEETING AND RECONVENE REDEVELOPMENT AGENCY MEETING 4

5 a Brea City Council i Brea Redevelopment Agency Agenda January 20, 2009 BREA REDEVELOPMENT AGENCY GENERAL SESSION NEXT RESOLUTION NO. 1( 2009) 14. CALL TO ORDER/ ROLL CALL Agency 15. CONSENT CALENDAR Agency The Redevelopment Agency approves all Consent Calendar matters with one motion unless the Agency or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during` Matters from the Audience." December 16, 2008 Redevelopment Agency Meeting Minutes Recommendation: Approve Summarv: This action would approve minutes of the previous Redevelopment Agency meeting December 19 & 26, 2008 and January 9 & 16, 2009 Agency Warrant Registers Recommendation: Approve Summarv: This action would approve warrant registers generated since the last Redevelopment Agency meeting. 16. ADJOURN REDEVELOPMENT AGENCY MEETING AND RECONVENE CITY COUNCIL MEETING 17. ADMINISTRATIVE ANNOUNCEMENTS City Manager City Attorney 18. COUNCIL ANNOUNCEMENTS Commission and Committee Member Appointments 19. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that I posted the foregoing agenda next to the Council Chambers, Plaza Level, Civic& Cultural Center, 1 Civic Center Circle, Brea, California, not less than 72 hours prior to the meeting. Dated this 15th day of January, Lucinda Williams, CMC City Clerk 5

6 City of Brea Agenda Item: COUNCIL COMMUNICATION Date: January 20, 2009 To: From: Honorable Mayor and City Council City Manager Subject: CONSIDERATION OF ZONING ORDINANCE AMENDMENT NO. ZOA AN AMENDMENT TO TITLE 20 OF THE BREA MUNICIPAL CODE ZONING ORDINANCE) TO PROHIBIT THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES RECOMMENDATION Introduce ordinance for first reading by title only and waive further reading of the ordinance BACKGROUND In 1996, the State of California approved Proposition 215 which made it legal for qualified patients or a patient' s primary caregiver to posses and/ or cultivate marijuana. Additionally, Proposition 215 made it legal for physicians to recommend marijuana to patients. Proposition 215 was codified as California Health and Safety Code Section et seq., and is known as the Compassionate Use Act (CUA) of As a result of Proposition 215, on September 20, 2003, the state legislature passed Senate Bill 420 ( SB 420) which was signed by the Governor on October 13, 2003 and became effective January 1, SB 420 established statewide guidelines for the enforcement and compliance of the use, possession and distribution of marijuana for medical purposes. The CUA and SB 420 encourage federal and state governments to implement plans to provide for the safe and affordable distribution of marijuana to patients with medical needs. To date, no such plan has been implemented at the state or federal level. As a

7 PROHIBIT MEDICAL MARIJUANA DISPENSARIES result, municipalities have a lack of information and direction concerning the implementation of the CUA and SB 420 specifically in regard to the distribution of medical marijuana by dispensaries. In contrast to the CUA and SB 420, the possession, sale and distribution of marijuana is prohibited by the Controlled Substance Act and the California Health and Safety Code. Additionally, state law does not provide for the sale or distribution of marijuana by dispensaries as defined in the California Health and Safety Code. The inconsistencies between state and federal regulations and the internal inconsistency of California law have added to the lack of direction provided to cities when trying to address the establishment and operation of medical marijuana dispensaries. While interest in the establishment of medical marijuana dispensaries increased throughout the state following the passage of SB 420, the existing regulations in many municipalities, including the City of Brea, did not address this specific use. Thus, on April 3, 2007, the City Council adopted Ordinance No U, which immediately prohibited medical marijuana dispensaries within the City. This interim action was approved by the City Council to further monitor and study the use. The establishment of medical marijuana dispensaries, before procedures and regulations have been enacted, would result in the potential for adverse impacts to surrounding development and present a risk to public safety, health and welfare to the general public. The interim prohibition ordinance has a time limit per state law which will expire in April 2009 and a full prohibition of such uses is now proposed as an amendment to our Zoning Ordinance. The interim action by the City Council was permitted pursuant to California Government Code Section 36937( b). 2

8 PROHIBIT MEDICAL MARIJUANA DISPENSARIES DISCUSSION The recommended approval of the Zoning Code Amendment is based upon the continued inconsistencies within state and federal laws and that the establishment of medical marijuana dispensaries may have unanticipated secondary negative effects on the community. Various public agencies throughout the State of California have reported adverse and dangerous secondary effects that have arisen from or are associated with the operation of medical marijuana dispensaries. These adverse secondary effects include, but are not limited to, the commission of crimes against persons leaving the vicinity of dispensaries, illegal drug activity in the vicinity of dispensaries, persons driving vehicles under the influence of controlled substances obtained from dispensaries and sales of marijuana to non- qualified persons. The California Police Chiefs Association has gathered data from various law enforcement agencies as well as media coverage on various counties and cities. Due to the plethora of information, staff suggests accessing the websitehttp-// www. californiapolicechiefs. orq/ nav files/ medical mariivana. html for further study on the subject. The proposed ordinance, added as Section within the Zoning Ordinance, outlines definitions related to the medical marijuana dispensary use and expressly prohibits any person or entity to own, manage, establish, conduct, or operate any medical marijuana dispensary. Staff has conferred with the City Attorney that the City' s adoption of an ordinance prohibiting the use will not conflict with any state or federal legislation. Additionally, according to the League of California Cities, more than 40 cities in California have successfully enacted bans on medical marijuana dispensaries. In the instance that the City Council approves ZOA and any conflicting court decision or 3

9 PROHIBIT MEDICAL MARIJUANA DISPENSARIES law results in authorizing medical marijuana dispensaries, the City' s action would necessarily be to stop enforcing the prohibition and repeal the specific code provisions. COMMISSION RECOMMENDATION On December 9, 2008, the Planning Commission acted to recommend approval of this prohibition to the City Council; however, the Commissioners requested that staff research a few questions regarding the use. The Commissioners found this information useful and the questions and answers are outlined below for the Council' s reference: Q: Have there been other jurisdictions that have adopted a prohibition or standards to allow these uses that have also been challenged in court? A: The City Attorney is not aware of any cases challenging a zoning provision allowing dispensaries. There have been other challenges to prohibiting dispensaries, but none that have resulted in a court of appeal decision. Q: What is the closest "legally" established medicinal marijuana dispensary to Brea? A: There are several known dispensaries, not necessarily " legal," within Orange County with the closest locations being in Santa Ana and Anaheim. Recall, Prop. 215 allows qualified patients to grow or cultivate their own medicine but does not allow anyone to buy marijuana (the patient) or sell it ( the dispensaries). Dispensaries are illegal by the nature of how the law is written so in lieu of dispensaries, " cooperatives" are now opening in communities choosing to essentially ignore some legal details and enforcement. Cooperatives are multiple patients using a central facility to grow their own product in a communal fashion for their own treatment purposes without profit to either party. The " cooperatives" use continues to be a contentious and vague issue as some may still attempt to sell for profit. Q: Is there any opinion on medicinal marijuana that has been published by the American Medical Association (AMA)? A: Based on their position stated below, the AMA' s position remains neutral on the subject. In several articles on their website, they mention medical uses for marijuana ( AIDS, cancers, etc.) but also recommend in # 2 of their statement below that it should stay a " Schedule I" drug 4

10 PROHIBIT MEDICAL MARIJUANA DISPENSARIES which means there is no medical use for it. There is much debate as to the science of the drug; however, keeping qualified patients from cultivating their own product versus the sale and distribution via a dispensary are completely separate subjects. Nothing about the proposed prohibition impacts such protections. The following statement, recommended by the Council on Scientific Affairs, was adopted as AMA policy by the AMA House of Delegates at the 2001 AMA Annual Meeting: " The AMA calls for further adequate and well-controlled studies of marijuana and related cannabinoids in patients who have serious conditions for which preclinical, anecdotal, or controlled evidence suggests possible efficacy and the application of such results to the understanding and treatment of disease; ( 2) The AMA recommends that marijuana be retained in Schedule 1 of the Controlled Substances Act pending the outcome of such studies. (3) The AMA urges the National Institutes of Health ( NIH) to implement administrative procedures to facilitate grant applications and the conduct of well-designed clinical research into the medical utility of marijuana. This effort should include: a) disseminating specific information for researchers on the development of safeguards for marijuana clinical research protocols and the development of a model informed consent on marijuana for institutional review board evaluation; b) sufficient funding to support such clinical research and access for qualified investigators to adequate supplies of marijuana for clinical research purposes; c) confirming that marijuana of various and consistent strengths and/or placebo will be supplied by the National Institute on Drug Abuse to investigators registered with the Drug Enforcement Agency who are conducting bona fide clinical research studies that receive Food and Drug Administration approval, regardless of whether or not the NIH is the primary source of grant support. (4) The AMA believes that the NIH should use its resources and influence to support the development of a smoke- free inhaled delivery system for marijuana or delta- 9- tetrahydrocannabinol( THC) to reduce the health hazards associated with the combustion and inhalation of marijuana. ( 5) The AMA believes that effective patient care requires the free and unfettered exchange of information on treatment alternatives and that discussion of these alternatives between physicians and patients should not subject either party to criminal sanctions." OPTIONS CONSIDERED The City has several options prior to the expiration of the interim prohibition allow the existing moratorium ordinance to lapse, adopt a full prohibition on medical marijuana dispensaries, or form standards to allow the use. Based on our research, staff finds the use itself to be illegal and inconsistent with state and federal laws and so standards to all such uses are not a viable option. To take no action leaves the community vulnerable to the impacts discussed in this report and, as such, a full prohibition with the Zoning Code is recommended. FISCAL IMPACT The proposed code amendment has no fiscal impact on the General Fund. 5

11 PROHIBIT MEDICAL MARIJUANA DISPENSARIES SUMMARY ent would add Chapter to Title 20 (Zoning Ordinance Approval of this amendment p g of the Brea Municipal Code and would prohibit the establishment and operation of medical marijuana dispensaries in all zones. Respectfully submitted, Prepared by: Tim O' Donnell, City Manager rith Labio Associate Planner Concurrence: David CralTtree City PI nner Charles View Development Services Director s

12 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA ADDING CHAPTER TO TITLE 20 ( THE ZONING ORDINANCE) OF THE BREA MUNICIPAL CODE, AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES A. RECITALS. i) The People of the State of California approved Proposition 215, which was codified as California Health and Safety Code and entitled the Compassionate Use Act of 1996 (" the Act"). ii) The Act prohibits the provisions of law making unlawful the possession or cultivation of marijuana, from applying to a qualified patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical use of the patient upon the recommendation of a physician, and also prohibits the criminal prosecution or punishment of a physician for having recommended marijuana to a patient for medical purposes. iii) Thereafter, the State Legislature enacted Senate Bill 420 ( the " Medical Marijuana Program"), codified as California Health and Safety Code , et seq., which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and primary caregivers, and prohibits the arrest of a qualified patient or a primary caregiver with a valid identification card for the possession, transportation, delivery, or cultivation of medical marijuana. iv) One purpose of the Act and the Medical Marijuana Program is " to encourage the federal and state governments to implement a plan to provide for the

13 safe and affordable distribution of marijuana to all patients in medical need of marijuana..." v) Neither the federal nor the state government has implemented a specific plan " to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana," leaving cities with a lack of direction about how the Act is intended to be implemented, particularly in regard to distribution of medical marijuana through dispensaries. vi) The Medical Marijuana Program provides additional statutory guidance for medical marijuana use and cultivation, but it does not explicitly address the role of dispensaries, nor does it require that cities provide for or allow the establishment and/ or operation of medical marijuana dispensaries. vii) Notwithstanding the passage of the Act and the Medical Marijuana Program, the possession for sale and distribution of marijuana is prohibited by the Controlled Substances Act, 21 U. S. C. 841, and California Health and Safety Code viii) California law does not provide for the sale or distribution of marijuana by medical marijuana dispensaries to a primary caregiver, a qualified patient or a person with an identification card, as those terms are defined in California Health and Safety Code ix) The Brea Municipal Code currently does not restrict the existence or operation of medical marijuana dispensaries in the City of Brea.

14 x) Medical marijuana dispensaries have been established in numerous locations in California, and as a consequence, local agencies have reported negative secondary effects on the community, which effects include illegal drug activity and drug sales in the vicinity of dispensaries; robbery of persons leaving dispensaries; driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary; persons acquiring marijuana from a dispensary and then selling it to a non- qualified person; burglaries and robberies; and an increase in vacancies in the commercial areas in the vicinity of such businesses. xi) The California Police Chiefs Association has compiled an extensive report detailing the negative secondary effects associated with medical marijuana dispensaries. The City Council hereby finds that the report, a complete copy of which is on file in the City Clerk' s Office, contains persuasive anecdotal and documented evidence that medical marijuana dispensaries pose a threat to public health, safety and welfare. xii) California Health and Safety Code ( b)( 2) expressly provides that nothing in the Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non- medical purposes. xiii) The Council hereby finds that, because of the inconsistency between state and federal law relating to the possession, sale and distribution of marijuana, and because of the documented threat to public health, safety and welfare, it is in the best interests of the citizens of the City of Brea that the City prohibit the establishment and operation of medical marijuana dispensaries within the City of Brea.

15 xiv) This Ordinance is enacted pursuant to California Health and Safety Code ( b)( 2) and , and the City' s police power as granted broadly under Article XI, Section 7 of the California Constitution, in order to promote the health, safety and welfare of the residents of the City of Brea. xv) On December 9, 2008, the Planning Commission of the City of Brea conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance, and thereafter adopted its resolution recommending that the City Council approve this Ordinance. xvi) On January 20, 2009, the City Council of the City of Brea conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance. xvii) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, be it found, determined, and resolved that the City Council of the City of Brea does hereby ordain as follows: SECTION 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. SECTION 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from

16 California Environmental Quality Act review pursuant to Title 14, Section 15061( b)( 3) of the California Code of Regulations. SECTION 3. A new Chapter is hereby added to Title 20 of the Brea Municipal Code, to read as follows: CHAPTER MEDICAL MARIJUANA DISPENSARIES Purpose and Findings. The City Council finds that federal and state laws prohibiting the possession, sale and distribution of marijuana would preclude the lawful opening and operation of Medical Marijuana Dispensaries sanctioned by the City of Brea, and in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit the operation or establishment of Medical Marijuana Dispensaries within the City, as provided in this chapter Definitions. The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section: A. ` Identification Card' is a document issued by the State Department of Health Services that identifies a person authorized to engage in the medical use of marijuana and the person' s designated primary caregiver, if any. B. ` Medical Marijuana' is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person' s health

17 would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code ( h). C. ` Medical Marijuana Dispensary' or `Dispensary' is any facility or location where medical marijuana is made available to and/ or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code and , et seq., as such sections may be amended from time to time. D. ` Primary Care Giver' is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. E. ` Physician' is an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician' s assessment of whether the patient has a

18 serious medical condition and whether the medical use of marijuana is appropriate. F. ` Qualified Patient' is a person who is entitled to the protections of California Health and Safety Code , but who does not have an identification card issued by the State Department of Health Services Medical Marijuana Dispensaries Prohibited. It shall be unlawful for any person or entity to own, manage, establish, conduct, or operate any Medical Marijuana Dispensary, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any Medical Marijuana Dispensary, in the City of Brea Use or Activity Prohibited by State or Federal Law. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. SECTION 4. Existing Nonconforming Uses. Any Medical Marijuana Dispensary existing within the City of Brea on the effective date of this Ordinance shall cease operations forthwith. SECTION 5. Repeal of Prior Ordinance. Upon this Ordinance becoming effective, urgency Ordinance No shall be deemed to be repealed and of no further force or effect.

19 SECTION 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Brea Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. SECTION 8. Penalty. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provisions of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($ 1, ), or by imprisonment not exceeding six ( 6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted or published in the manner prescribed by law.

20 PASSED AND ADOPTED this 20th day of January, Mayor I, Lucinda Williams, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the 20th day of January, 2009, and was finally passed at a regular meeting of the City Council of the City of Brea held on the day of 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: City Clerk of the City of Brea

21 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ss. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of PROOF OF PUBLICATION years, and eighteen not a party to interested or in the above entitled matter. I am the principal the Star- Progress, clerk of a newspaper that Proof of Publication of has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 15, 2001, Case No. A in and for the County of Orange, State of California; that the notice, of NOTICE which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement IS HEREBY GIVEN by the City of Brea that a public hearing will be held by,the City Council on Tuesday, January 20, 2009 at 7: 00 p. m., or as soon thereafter as the matter can be heard, in the Council Chambers of the City of Brea Civic& Cultural Center, 1 Civic Center Circle, Brea, California 92821, in accordance with State Law and the Brea City Code, for the purpose of considering the following application: ZONING ORDINANCE AMENDMENT NO. ZOA 08.02: A request to amend the Brea thereof on the following dates, to Municipal Code to add Chapter to the Zoning Code which would prohibit the establishment and operation of medical marijuana dispensaries in all zones. The proposed amendment prohibits medical marijuana dispensaries in all zones and adds a chapter to wit: the zoning code which provides specific language for said prohibition. January In accordance with the California Environmental Quality Act and the City of Brea Procedures, this project is categorically exempt from the California Environmental Quality Act, as 8, 2008 amended, pursuant to Section 15061( b)( 3) of the Guidelines of said Act. Applicant: City of Brea 1 Civic Center Circle Brea, CA I certify( or declare) under the laws perjury under that the foregoing of is true the penalty the State of of California and correct": IF YOU CHALLENGE THIS ZONING ORDINANCE AMENDMENT NO. ZOA AND RELATED ENVIRONMENTAL DETERMINATIONS IN COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE, DELIVERED TO THE PLANNING COMMIS SION AT, OR PRIOR TO, THE PUBLIC HEARING. 1 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions on Executed at Santa Ana, Orange County, the matters outlined above. FURTHER INFORMATION may be obtained at the DEVELOPMENT SERVICES DEPARTMENT, Planning Division, or by calling( 714) California, on Lucinda Williams Date: January City Clerk 8, 2008 Date: December 17, 2008 Publish: January 8, 2009 Star Progress 24- UL Sit Signature Star- Progress 625 N. Grand Ave. Santa Ana, CA ) ext

22 BREA CITY COUNCIL MINUTES JANUARY 20, 2009 Preliminary- for approval at the 2/3/ 09 City Council Meeting) CLOSED SESSION 4: 30 p. m. Executive Conference Room Level Three 1. Call to Order/ Roll Call Council / Agency Mayor Beauman called the Study Session of the Brea City Council and Brea Redevelopment Agency to order at 4: 32 p. m. COUNCIL/ AGENCY MEMBERS PRESENT: ABSENT: EXCUSED: Beauman, Garcia, Moore, Schweitzer, Simonoff None None 2. Public Comment on Closed Session and / or Study Session Items None. 3. Recess Redevelopment Agency Meeting Mayor Beauman recessed the Redevelopment Agency Meeting at 4: 33 p. m. 4. Conference with Legal Counsel Existing Litigation ( G. C ( a)) 4. 1 Riker V. City of Brea Workers' Compensation Appeals Board 5. Conference with Labor Negotiator( G. C ) 5. 1 Brea Police Association, Police Management, Firefighters and Fire Management Citv Neaotiator: Youngs STUDY SESSION 5: 00 p. m. Executive Conference Room Level Three January 20, 2009 City Council Meeting Minutes - DRAFT

23 1. Call to Order/ Roll Call Council / Agency Mayor Beauman called the Study Session of the Brea City Council and Brea Redevelopment Agency to order at 5: 10 p. m. COUNCIL/ AGENCY MEMBERS PRESENT: ABSENT: EXCUSED: Beauman, Garcia, Moore, Schweitzer, Simonoff None None 2. Confirm Council / Agency Calendars None. 3. Clarify Regular Meeting Topics City Council clarified regular meeting topics. 4. Recess Redevelopment Agency Meeting Chair Beauman recessed the Redevelopment Agency meeting at 5: 23 p. m. 5. Council Discussion Items 5. 1 Citizen Commission, Committee and Board Appointments Council Members discussed citizen Commission, Committee and Board Appointments. 5.2 Council Member Regional Committee and Board Assignments Council Members discussed Council Member Regional Committee and Board Assignments Water Rate Discussion Council Members and Staff discussed water rates. 5.4 Executive Management and City Council Member Compensation City Council Members deferred discussion of City Council Member compensation for one year. City Manager O' Donnell noted that Executive Directors and the City Manager have not received a salary range increase since July 2007 and will not consider increases this year. 6. Reports 6. 1 Council Member Reports Council Member Schweitzer reported on attending a recent Budget Strategic Plan meeting. GENERAL SESSION January 20, 2009 City Council Meeting Minutes - DRAFT 2

24 7: 00 p. m. Council Chamber Plaza Level 1. CALL TO ORDER/ ROLL CALL Council Mayor Beauman called the General Session of the Brea City Council to order at 7: 03 p. m. 2. PLEDGE OF ALLEGIANCE led by Brea Girl Scout Troop # INVOCATION led by Pastor Doug Green, North Hills Church. 4. PROCLAMATIONS/ COMMENDATIONS/ PRESENTATIONS 4. 1 PRESENTATION: Visiting Students from Brea Sister City Hanno, Japan Mayor Beauman presented commendations to visiting students from Brea Sister City, Hanno Japan. 5. REPORT PRIOR STUDY SESSION [ 00: 25: 33] City Manager O' Donnell reported on the prior Study Session. 6. MAYOR' S THEME [ 00: 31: 17] Mayor Beauman shared his theme, "Spirit of Brea", for RECONVENE REDEVELOPMENT AGENCY MEETING Chair Beauman reconvened the Redevelopment Agency meeting at 7: 40 p. m. 8. MATTERS FROM THE AUDIENCE [ 00: 39: 31] CT Williams, Brea, discussed a recent parking options survey. Gary Cain, Brea, discussed fire hydrants in the Hollydale Mobile Home park. Dave Rader, Brea, provided details on a Rotary Club fundraiser. Keith Fullington, Brea, commented on the ten- city salary survey. Matt Hendry, Brea, asked for fair trade for small businesses in Brea. Cindie Giel, Brea Fitness Center, reported on upcoming Brea Fitness Center events. 9. RESPONSE TO PUBLIC INQUIRIES [ 01: 04: 06] City Manager O' Donnell responded to public inquiries. 10. RECESS REDEVELOPMENT AGENCY MEETING Chair Beauman recessed the Redevelopment Agency meeting at 8: 19 p. m. January 20, 2009 City Council Meeting Minutes - DRAFT 3

25 11. PUBLIC HEARINGS Canyon Crest Appeal Final EIR , Vesting Tentative Tract Map and Development Review of ( Continued from December 2, 2008 Meeting) [ 01: 18: 51] M / S Schweitzer/ Moore continue the Public Hearing to February 17, 2009 at 7: 00 p. m. in the Brea City Council Chambers. AYES: COUNCIL MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff General Plan Maintenance Fee [ 01: 20: 03] M / S Garcia / Schweitzer continue the Public Hearing to a date uncertain. AYES: COUNCIL MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff Zoning Ordinance Amendment to Modify Development Standards for Churches and Religious Institutions Within Industrial Zones ( Continued from December 2, 2008 Meeting) [ 01: 21: 56] Mayor Beauman opened the public hearing at 8: 31 p. m. Dave Rader, Brea, spoke in support of the ordinance. Mayor Beauman closed the public hearing at 8: 33 p. m. M / S Schweitzer/ Garcia to introduce Ordinance No "An Ordinance of the City Council of the City of Brea Adopting Zoning Ordinance Amendment No. ZOA Amending Title 20 of the Brea Municipal Code Modifying Sections , , and " for first reading by title only and waive further reading of the ordinance. AYES: COUNCIL MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff Zoning Ordinance Amendment Medical Marijuana Dispensaries [ 01: 36:23] Mayor Beauman opened the public hearing at 8:46 p. m. No members of the public spoke on this item. Mayor Beauman closed the public hearing at 8:46 p. m. M / S Schweitzer/ Moore to introduce Ordinance No "An Ordinance of the City Council of the City of Brea Adding Chapter to Title 20 ( The Zoning Ordinance) of the Brea Municipal Code and January 20, 2009 City Council Meeting Minutes - DRAFT 4

26 Prohibiting the Establishment and Operation of Medical Marijuana Dispensaries in all Zones" for first reading by title only and waive further reading of the ordinance. AYES: COUNCIL MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff. 12. CONSENT CALENDAR Council [ 01: 46: 05] M / S Moore / Schweitzer to approve the recommended items on the Consent Calendar as follows: Approve December 16, 2008 City Council Meeting Minutes Receive and File October 14, 2008 Planning Commission Meeting Minutes Receive and File October 28, 2008 Parks, Recreation and Human Services Commission Meeting Minutes Receive and File November 11, 2008 Cultural Arts Commission Meeting Minutes Approve December 19 & 26, 2008 and January 9 & 16, 2009 City Warrant Registers ITEM PULLED FOR FURTHER DISCUSSION Adopt Resolution No ' A Resolution of the City Council of the City of Brea Adopting an Amendment of the Joint Powers Agreement with the California Insurance Pool Authority Regarding the Workers' Compensation Pool Program" Adopt Resolution No ' A Resolution of the City Council of the City of Brea Supporting the City of Placentia' s Choice of Alternative D as the Orange County Gateway Project Preferred Alternative" Adopt the following resolutions: Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Landscaping and Lighting Assessment District No. 1 and Any Assessments Thereon for Fiscal Year " Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Lighting Assessment District No. 2 and Any Assessments Thereon for Fiscal Year " Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Landscaping and Lighting Assessment District No. 3 and Any Assessments Thereon for Fiscal Year " Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Lighting Assessment District No. 4 and Any Assessments Thereon for Fiscal Year " Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Landscaping and Lighting Assessment District No. 5 and Any Assessments Thereon for Fiscal Year " January 20, 2009 City Council Meeting Minutes - DRAFT 5

27 Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Landscaping and Lighting Assessment District No. 6 and Any Assessments Thereon for Fiscal Year " Resolution No ' A Resolution of the City Council of the City of Brea Ordering the Director of Maintenance Services to Prepare to File a Report Related to Maintenance of Public Improvements in City of Brea Landscaping and Lighting Assessment District No. 7 and Any Assessments Thereon for Fiscal Year " Accept Contract with GTA Construction for Service Center Office Building Remodel Project as Complete. Motion carried as follows: AYES: COUNCIL MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff. Consent Calendar Item pulled for separate consideration and vote: Adopt the following resolutions: Resolution No ' A Resolution of the City Council of the City of Brea Deactivating the Senior Citizens Advisory Board" Resolution No ' A Resolution of the City Council of the City of Brea Deactivating the Housing Breans Advisory Board." Motion carried as follows: AYES: COUNCIL MEMBERS: Schweitzer, Garcia, Beauman NOES: COUNCIL MEMBERS: Moore ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Simonoff. 13. RECESS CITY COUNCIL MEETING AND RECONVENE BREA REDEVELOPMENT AGENCY MEETING Mayor Beauman recessed the City Council meeting and reconvened the Brea Redevelopment Agency meeting at 8: 59 p. m. See Redevelopment Agency Minutes for Items ) 16. ADJOURN BREA REDEVELOPMENT AGENCY MEETING AND RECONVENE CITY COUNCIL MEETING Chair Beauman adjourned the Brea Redevelopment Agency meeting and reconvened the City Council meeting at 9: 00 p. m. January 20, 2009 City Council Meeting Minutes - DRAFT 6

28 17. ADMINISTRATIVE ANNOUNCEMENTS [ 01: 59: 04] City Manager None City Attorney None. 18. COUNCIL ANNOUNCEMENTS [ 01: 59: 15] Commission and Committee Member Appointments M / S Garcia / Schweitzer to make the following Commission and Committee Member appointments: Traffic Committee Appointment Christopher Russell 12/ 31/ 2010 Jeremy Rytky 12/ 31/ 2010 Mike Uyeno 12/ 31/ 2009 Planning Commission Appointment Thomas Prenovost 12/ 31/ 2012 Jim Grosse 12/ 31/ 2012 Parks, Recreation and Human Services Commission Appointment Lisa Cabraloff 12/ 31/ 2012 Bill McMillan 12/ 31/ 2012 Cultural Arts Commission Appointment Rick Clark 12/ 31/ 2012 Mike Newcomb 12/ 31/ 2012 Motion carried as follows: AYES: AGENCY MEMBERS: Moore, Schweitzer, Garcia, Beauman NOES: AGENCY MEMBERS: None ABSTAIN: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: Simonoff. Council Member Schweitzer congratulated Mayor Beauman on his theme for the year. Mayor Pro Tem Garcia reported on an upcoming first time homebuyer workshop. Mayor Beauman invited residents to participate in the "Spirit of Brea" via his website. January 20, 2009 City Council Meeting Minutes - DRAFT 7

29 19. ADJOURNMENT Mayor Beauman adjourned the meeting at 9: 07 p. m. Respectfully submitted, The foregoing minutes are hereby approved this 3 d day of February, 2009 Lucinda Williams, City Clerk John Beauman, Mayor January 20, 2009 City Council Meeting Minutes - DRAFT

30 BREA CITY COUNCIL MINUTES JANUARY 24, 2009 Preliminary- for approval at the 2/3/ 09 City Council Meeting) SPECIAL MEETING 8: 00 a. m. Brea Community Center 695 East Madison Way, Brea, CA 1. Call to Order/ Roll Call The Brea City Council meeting called to order at 8: 07 a. m. COUNCIL MEMBERS PRESENT: ABSENT: Beauman, Garcia, Moore Schweitzer, Simonoff 2. Public Comment The following attendees commented on the Budget Workshop process: Glen Vodhanel Rick Clark Paul ( last name not provided) David Rader. 3. Budget Outreach Workshop Council Members participated in a Community Budget Workshop with members of the public. 4. Adjournment The meeting adjourned at 12: 00 p. m. Respectfully submitted, The foregoing minutes are hereby approved this 3 d day of February, 2009 Lucinda Williams, City Clerk John Beauman, Mayor January 24, 2009 City Council Special Meeting Minutes- DRAFT

31 t rrrr rrrnrrr John Beaurnon, Mayor Ron Garcia, Mayor Pro Tern Ray Moore, Cnunc##merrier Don Schweitzer, Counci#member c a i r o n ra i n Marty Simonaff,Councilmember t s f i A O i BREA CITY COUNCIL February 3, 2009 BREA REDEVELOPMENT AGENCY 4:30 p.m.- Study Session 7:00 p.m. - General Session This agenda contains a brief general description of each item Council will consider. The City Clerk has on file copies of written documentation relating to each item of business on this Agenda available for public inspection. Contact the City Clerk' s Office at 714/ or view the Agenda and related materials on the City' s website at net. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk' s Office at 1 Civic Center Circle, Brea, CA during normal business hours. Such documents may also be available on the City's website subject to staff's ability to post documents before the meeting. Procedures for Addressina the Council The Council encourages interested people to address this legislative body by making a brief presentation on a public hearing item when the Mayor calls the item or address other items under Matters from the Audience. State Law prohibits the City Council or Agency Board from responding to or acting upon matters not listed on this agenda. The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. Council rules prohibit clapping, booing or shouts of approval or disagreement from the audience. PLEASE SILENCE ALL PAGERS, CELL PHONES AND OTHER ELECTRONIC EQUIPMENT WHILE COUNCIL IS IN SESSION. Thank you. Special Accommodations In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk' s Office at 714/ Notification 48 hours prior to the meeting will enable City staff to make reasonable arrangements to ensure accessibility. ( 28 CFR ADA Title II) Important Notice The City of Brea shows both live broadcasts and replays of City Council Meetings on Brea Cable Channel 3 and over the Internet at net. Your attendance at this public meeting may result in the recording and broadcast of your image and/ or voice as previously described.

32 r Brea City Council/ Brea Redevelopment Agency Agenda February 3, 2009 STUDY SESSION 4: 30 p.m. Executive Conference Room Level Three 1. Call to Order/ Roll Call Council / Agency 2. Public Comment on Study Session Items 3. Confirm Council / Agency Calendars - 5 min. 4. Clarify Regular Meeting Topics- 10 min. 5. Recess Redevelopment Agency Meeting 6. Council Discussion Items Legislative Platform Time: 15 min Citizen Commission/ Committee Recruitment Process Time: 30 min. 6.3 Budget Adjustments Time: 30 min Street Sweeping Policy Time: 45 min. 7. Reports - 10 min Development Committee Report 7. 2 Council Member Reports GENERAL SESSION 7: 00 p.m. - Council Chamber Plaza Level NEXT ORDINANCE NO NEXT RESOLUTION NO CALL TO ORDER/ ROLL CALL Council 2. PLEDGE OF ALLEGIANCE- Brea Boy Scout Troop# INVOCATION - Pastor Kirk Randolph, Southlands Church International 4. PROCLAMATIONS/ COMMENDATIONS/ PRESENTATIONS 4. 1 PRESENTATION: Spirit of Brea 5. REPORT PRIOR STUDY SESSION 6. RECONVENE REDEVELOPMENT AGENCY MEETING 7. MATTERS FROM THE AUDIENCE 8. RESPONSE TO PUBLIC INQUIRIES- City Manager 9. RECESS REDEVELOPMENT AGENCY MEETING 2

33 Brea City Council/ Brea Redevelopment Agency Agenda February 3, 2009 l 10. ADMINISTRATIVE ITEMS Zoning Ordinance Amendment to Modify Development Standards for Churches and Religious Institutions Within Industrial Zones Recommendation: Second reading of Ordinance No by title only, waive further reading and adopt ordinance Summarv: The proposed amendment would provide guidelines for the citing of churches and religious institutions within industrial zones Zoning Ordinance Amendment No. ZOA Medical Marijuana Dispensaries Recommendation: Second reading of Ordinance No by title only, waive further reading and adopt ordinance Summarv: This amendment would add Chapter to Title 20 (Zoning Ordinance) of the Brea Municipal Code and prohibit the establishment and operation of medical marijuana dispensaries in all zones FY City Operating Budget Adjustments Recommendation: Adopt resolution Summarv: The fiscal impact of adjustments to the City's Operating Budget is to reduce the projected deficit by 744, Contract with Christopher R. Morales, Inc. for the Traffic Signals at Carbon Canyon Road / Olinda Place/ Ruby Street Project 7217 Recommendation: Receive bids and award contract Summary: This action would award a contract in the amount of $ 349, 312 for construction of a traffic signal on Carbon Canyon Road at Olinda Place and Ruby Street. Highway Safety Improvement Program ( Federal Grant) and Fund 540( Traffic Impact Fee) would cover the cost of the project. No General Fund impact. 11. CONSENT CALENDAR Council City Council approves all Consent Calendar matters with one motion unless Council or Staff requests further discussion of a particular item. Items of concern regarding Consent Calendar matters should be presented during" Matters from the Audience." January 20, 2009 City Council Meeting Minutes and January 24, 2009 Special City Council Meeting Minutes Recommendation: Approve Summarv: This action would approve minutes of the previous City Council meetings January 23 & 30, 2009 City Warrant Registers Recommendation: Approve Summarv: This action would approve warrant registers generated since the last City Council meeting Treasurer's Report for Period Ending November 30, 2008 Recommendation: Receive and file Summarv: This action would acknowledge receipt of the most recent Treasurer's Report Legislative Platform Recommendation: Adopt platform Summarv: This action would approve the City's state and federal legislative platform for Mills Act Contract for 127 South Redwood Avenue Recommendation: Approve Summary: This action would provide property tax incentives for owners of historically designated properties requiring the City to forfeit a portion of property taxes received from the County and allow the owner to use such funds for ongoing maintenance and restoration of the property and structures. 3

34 f Brea City Council/ Brea Redevelopment Agency Agenda February 3, 2009 i Contract with RJ Noble for State College Boulevard Resurfacing Project 7201 and Rose Drive Rehabilitation Project 7202 Recommendation: Accept contract as complete Summarv: This project constructed new rubberized asphalt pavement on State College Boulevard from Birch Street to Lambert Road and Rose Drive between Valencia Avenue and the south City limits. The final contract totaled $ 1, 023, No General Fund impact. 12. RECESS CITY COUNCIL MEETING AND RECONVENE REDEVELOPMENT AGENCY MEETING BREA REDEVELOPMENT AGENCY GENERAL SESSION NEXT RESOLUTION NO. 1( 2009) 13. CALL TO ORDER/ ROLL CALL Agency 14. CONSENT CALENDAR Agency The Redevelopment Agency approves all Consent Calendar matters with one motion unless the Agency or Staff requests further discussion of a particular item. Items of concem regarding Consent Calendar matters should be presented during" Matters from the Audience." January 20, 2009 Redevelopment Agency Meeting Minutes Recommendation: Approve Summarv: This action would approve minutes of the previous Redevelopment Agency meeting January 23 & 30, 2009 Agency Warrant Registers Recommendation: Approve Summary: This action would approve warrant registers generated since the last Redevelopment Agency meeting Treasurer's Report for Period Ending November 30, 2008 Recommendation: Receive and file Summarv: This action would acknowledge receipt of the most recent Treasurer's Report. 15. ADJOURN REDEVELOPMENT AGENCY MEETING AND RECONVENE CITY COUNCIL MEETING 16. ADMINISTRATIVE ANNOUNCEMENTS City Manager City Attorney 17. COUNCIL ANNOUNCEMENTS 18. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that I posted the foregoing agenda next to the Council Chambers, Plaza Level, Civic& Cultural Center, 1 Civic Center Circle, Brea, California, not less than 72 hours prior to the meeting. Dated this 29'h day of January, Lucinda Williams, CMC City Clerk 4

35 NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None. 10.4ContractWithChristopherR. Morales, Inc. forthetrafficsignalsatcarboncanyonroad OlindaPlace / RubyStreetProject721700:45:13] M / SSimonoff / GarciatoreceivebidsandawardcontracttoChristopherR. Morales, Inc. inthe amountof $349,312forconstructionofatrafficsignalonCarbonCanyonRoadatOlindaPlaceand RubyStreet. AYES: COUNCILMEMBERS: Moore, Schweitzer, Simonoff, Garcia, Beauman NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None. 11. CONSENTCALENDARÎCouncil00:53:16] M / SSchweitzer / MooretoapprovetherecommendeditemsontheConsentCalendarasfollows: 11.1ApproveJanuary20, 2009CityCouncilMeetingMinutesandJanuary24, 2009SpecialCity CouncilMeetingMinutes (CouncilMemberSimonoffabstainedfromthisitem) 11.2ApproveJanuary23 & 30, 2009CityWarrantRegisters 11.3 ReceiveandFileTreasurerÓsReportforPeriodEndingNovember30, Adopt2009LegislativePlatform 11.5ApproveMillsActContractfor127SouthRedwoodAvenue 11.6AcceptContractwithRJNobleforStateCollegeBoulevardResurfacingProject7201andRose DriveRehabilitationProject7202asComplete. Motioncarriedasfollows: AYES: COUNCILMEMBERS: Moore, Schweitzer, Simonoff, Garcia, Beauman NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None. 12. RECESSCITYCOUNCILMEETINGANDRECONVENEBREAREDEVELOPMENTAGENCY MEETING MayorBeaumanrecessedtheCityCouncilmeetingandreconvenedtheBreaRedevelopmentAgencymeeting at7:54p.m. 13. CALLTOORDER / ROLLCALLÎAgency BREAREDEVELOPMENTAGENCY GENERALSESSION February3, 2009 CityCouncil / RedevelopmentAgencyMeetingMinutes 4

36 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BREA ADDING CHAPTER TO TITLE 20 (THE ZONING ORDINANCE) OF THE BREA MUNICIPAL CODE, AND PROHIBITING THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN ALL ZONES A. RECITALS: i) The People of the State of California approved Proposition 215, which was codified as California Health and Safety Code and entitled the Compassionate Use Act of 1996 ( "the Act "). ii) The Act prohibits the provisions of law making unlawful the possession or cultivation of marijuana, from applying to a qualified patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical use of the patient upon the recommendation of a physician, and also prohibits the criminal prosecution or punishment of a physician for having recommended marijuana to a patient for medical purposes. iii) Thereafter, the State Legislature enacted Senate Bill 420 (the Medical Marijuana Program "), codified as California Health and Safety Code , et seq., which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients and primary caregivers, and prohibits the arrest of a qualified patient or a primary caregiver with a valid identification card for the possession, transportation, delivery, or cultivation of medical marijuana. February 3, 2009 ORD. 1120

37 iv) One purpose of the Act and the Medical Marijuana Program is "to encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana..." v) Neither the federal nor the state government has implemented a specific plan "to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana," leaving cities with a lack of direction about how the Act is intended to be implemented, particularly in regard to distribution of medical marijuana through dispensaries. vi) The Medical Marijuana Program provides additional statutory guidance for medical marijuana use and cultivation, but it does not explicitly address the role of dispensaries, nor does it require that cities provide for or allow the establishment and /or operation of medical marijuana dispensaries. vii) Notwithstanding the passage of the Act and the Medical Marijuana Program, the possession for sale and distribution of marijuana is prohibited by the Controlled Substances Act, 21 U.S. C. 841, and California Health and Safety Code viii) California law does not provide for the sale or distribution of marijuana by medical marijuana dispensaries to a primary caregiver, a qualified patient or a person with an identification card, as those terms are defined in California Health and Safety Code February 3, 2009 ORD. 1120

38 ix) The Brea Municipal Code currently does not restrict the existence or operation of medical marijuana dispensaries in the City of Brea. x) Medical marijuana dispensaries have been established in numerous locations in California, and as a consequence, local agencies have reported negative secondary effects on the community, which effects include illegal drug activity and drug sales in the vicinity of dispensaries; robbery of persons leaving dispensaries; driving under the influence of a controlled substance by persons who have obtained marijuana from a dispensary; persons acquiring marijuana from a dispensary and then selling it to a non - qualified person; burglaries and robberies; and an increase in vacancies in the commercial areas in the vicinity of such businesses. xi) The California Police Chiefs Association has compiled an extensive report detailing the negative secondary effects associated with medical marijuana dispensaries. The City Council hereby finds that the report, a complete copy of which is on file in the City Clerk's Office, contains persuasive anecdotal and documented evidence that medical marijuana dispensaries pose a threat to public health, safety and welfare. xii) California Health and Safety Code ( b)( 2) expressly provides that nothing in the Act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non - medical purposes. xiii) The Council hereby finds that, because of the inconsistency between state and federal law relating to the possession, sale and distribution of marijuana, and 3 February 3, 2009 ORD. 1120

39 because of the documented threat to public health, safety and welfare, it is in the best interests of the citizens of the City of Brea that the City prohibit the establishment and operation of medical marijuana dispensaries within the City of Brea. xiv) This Ordinance is enacted pursuant to California Health and Safety Code ( b)( 2) and , and the City's police power as granted broadly under Article XI, Section 7 of the California Constitution, in order to promote the health, safety and welfare of the residents of the City of Brea. xv) On December 9, 2008, the Planning Commission of the City of Brea conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance, and thereafter adopted its resolution recommending that the City Council approve this Ordinance. xvi) On January 20, 2009, the City Council of the City of Brea conducted and concluded a duly noticed public hearing concerning the adoption of this Ordinance. xvii) All legal prerequisites to the adoption of this Ordinance have occurred. B. ORDINANCE: NOW, THEREFORE, be it found, determined, and resolved that the City Council of the City of Brea does hereby ordain as follows: SECTION 1. The facts set forth in the Recitals, Part A of this Ordinance, are true and correct. 4 February 3, 2009 ORD. 1120

40 SECTION 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance, and the prohibition established hereby, may have a significant effect on the environment, because the Ordinance will impose greater limitations on development in the City, and will thereby serve to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)( 3) of the California Code of Regulations. SECTION 3. A new Chapter is hereby added to Title 20 of the Brea Municipal Code, to read as follows: CHAPTER MEDICAL MARIJUANA DISPENSARIES Purpose and Findings. The City Council finds that federal and state laws prohibiting the possession, sale and distribution of marijuana would preclude the lawful opening and operation of Medical Marijuana Dispensaries sanctioned by the City of Brea, and in order to serve public health, safety, and welfare of the residents and businesses within the City, the declared purpose of this chapter is to prohibit the operation or establishment of Medical Marijuana Dispensaries within the City, as provided in this chapter Definitions. The following terms and phrases, whenever used in this chapter, shall be construed as defined in this section: 5 February 3, 2009 ORD. 1120

41 A. ` Identification Card' is a document issued by the State Department of Health Services that identifies a person authorized to engage in the medical use of marijuana and the person's designated primary caregiver, if any. B. ' Medical Marijuana' is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious medical condition for which marijuana is deemed to provide relief as defined in California Health and Safety Code ( h). C. ' Medical Marijuana Dispensary' or 'Dispensary' is any facility or location where medical marijuana is made available to and /or distributed by or to three or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. Each of these terms is defined herein and shall be interpreted in strict accordance with California Health and Safety Code and , et seq., as such sections may be amended from time to time. D. ` Primary Care Giver' is the individual, designated by a qualified patient or by a person with an identification card, who has 6 February 3, 2009 ORD. 1120

42 consistently assumed responsibility for the housing, health, or safety of that patient or person. E. ` Physician' is an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California and who has taken responsibility for an aspect of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has conducted a medical examination of that patient before recording in the patient's medical record the physician's assessment of whether the patient has a serious medical condition and whether the medical use of marijuana is appropriate. F. ' Qualified Patient' is a person who is entitled to the protections of California Health and Safety Code , but who does not have an identification card issued by the State Department of Health Services Medical Marijuana Dispensaries Prohibited. It shall be unlawful for any person or entity to own, manage, establish, conduct, or operate any Medical Marijuana Dispensary, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any Medical Marijuana Dispensary, in the City of Brea. 7 February 3, 2009 ORD. 1120

43 Use or Activity Prohibited by State or Federal Law. Nothing contained in this chapter shall be deemed to permit or authorize any use or activity which is otherwise prohibited by any state or federal law. SECTION 4. Existing Nonconforming Uses. Any Medical Marijuana Dispensary existing within the City of Brea on the effective date of this Ordinance shall cease operations forthwith. SECTION 5. Repeal of Prior Ordinance. Upon this Ordinance becoming effective, urgency Ordinance No shall be deemed to be repealed and of no further force or effect. SECTION 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution of any violation of any City ordinance or provision of the Brea Municipal Code, committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. g February 3, 2009 ORD. 1120

44 SECTION 8. Penalty. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provisions of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1, ), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each and every person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Ordinance. SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted or published in the manner prescribed by law. APPROVED AND ADOPTED this 3rd day of February, Mayor I, Lucinda Williams, City Clerk of the City of Brea, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Brea held on the 20th day of January, 2009 and was finally passed at a regular meeting of 9 February 3, 2009 ORD. 1120

45 the City Council of the City of Brea held on the 3rd day of February, 2009 by the following vote: AYES: NOES: COUNCIL MEMBERS: Moore, Schweitzer, Simonoff, Garcia, Beauman COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTE T: ~. City Clerk 10 February 3, 2009 ORD. 1120

46 110 AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION STATE OF CALIFORNIA, ) County of Orange ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal Proof of Publication of clerk of the Star- Progress, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on June 15, 2001, NOTICE OF ADOPTION OF ORDINANCE NO OF THE CITY COUNCIL OF THE CITY OF BREA Case No. A in and for the County of ADOPTING REGULATIONS PROHIBITING THE ESTABLISHMEAND OPETION OF Orange, State of California; that the notice, of MARIJUANA DISP IN ALL ZONES THE CITY OF BREA, AND AMENDING TITLE 20 OF which the annexed is a true printed copy, has THE BREA CITY CODE. PLEASE TAKE NOTICE that on February 3, 2009, been ublished in the City Council of City of Brea adopted its Ordinance No. p each regular and entire issue of 1120 entitled" An Ordinance of the City Council of the City of Brea Adding Chapter to Title 20( The Zoning Ordisaid news and not in an su lement nance) of the Brea Municipal Code, and Prohibiting the Espaperper Y pp tablishment and Operation of Medical Marijuana Dispensaries in All Zones." A summary of this Ordinance follows: dates, to wit: thereof on the following Summary of Ordinance No perjuer February 12, 2009 An Ordinance of the City Council of the City of Brea Adding Chapter to Title 20 ( The Zoning Ordinance) of the Brea Municipal Code, and Prohibiting the Establishment and Operation of Medical Marijuana Dispensaries in All Zones I certify( or declare) under the penalty of The City Council has determined that it is in the best interest of the City to adopt this Ordinance thereby prohibiting the establishment and operation of medical marijuana ry under the laws of the State of California dispensaries in all zones of the City. The Ordinance provides that it is enacted pursuant to California Health and is true and correct": Safety Code ( b)( 2) and , and the City's police power as granted broadly under Article XI, Section 7 of the California Constitution, in order to promote the health, safety and welfare of the residents of the City of Brea. that the foregoing Executed at Santa Ana, Orange County, California, on The Ordinance makes findings concerning the adverse effects of medical marijuana dispensaries experienced by cities permitting their operation. The Ordinance sets forth definitions and makes it unlawful for any person to own, man- Date: February 12, 2009 age, establish, conduct or operate any medical marijuana dispensary, as defined, with in the City of Brea. The Ordinance establishes criminal penalties for violations. Those voting for or against the Ordinance are as follows: AYES: COUNCILMEMBERS: Moore, Schweitzer, Simonoff, Garcia, Beauman NOES: COUNCILMEMBERS: None f ABSENT: COUNCILMEMBERS: None I I/1 " ' l ABSTAINED: COUNCILMEMBERS: None ILA Signature A certified copy of the entirety of the text' of Ordinance No. 1120, is available in the office of the City Clerk, Brea Civic and Cultural Center, 1 Civic Center Circle, Brea, California and is available for public inspection at that location. Dated: February 4, 2009 Star- Progress Lucinda Williams, City Clerk 625 N. Grand Ave. Published: Star Progress/ 24-6/ Santa Ana, CA ) ext. 3002