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<br />City of San Leandro Meeting Date: September 17, 2012 Minutes File Number: 12-451 Agenda Section: CONSENT CALENDAR Agenda Number: 8.B. TO: City Council FROM: Chris Zapata City Manager <br />BY: Lianne Marshall Assistant City Manager FINANCE REVIEW: Not Applicable TITLE: ACCEPT: Rules and Communications Committee Highlights of August 28, 2012 CITY OF SAN LEANDRO CITY COUNCIL <br />RULES AND COMMUNICATIONS COMMITTEE August 28, 2012 4:30 -5:30 p.m. San Leandro City Hall 835 East l4th Street San Leandro, California (City Council Chambers) HIGHLIGHTS Committee Members <br />present: Mayor Stephen Cassidy and Councilmember Jim Prola City Staff present: Marian Handa, City Clerk; Lianne Marshall, Assistant City Manager; Richard Pio Roda, Assistant City Attorney, <br />Luke Sims, Community Development Director, Sandra Spagnoli, Police Chief Public present: Chris Crow, David Erlich, Tim Holmes, Denise Martellacci, Mia Ousley, Kennan Scott City of San <br />Leandro Page 1 Printed on 9/11/2012 <br />File Number: 12-451 Mayor Cassidy called the meeting to order at 4:31 p.m. and noted Councilmember Souza was absent. He stated that City Council Committee meetings are now being held <br />in the Council Chambers, so that the meeting proceedings can be digitally recorded and web streamed. 1. Discussion Regarding Medical Marijuana Dispensaries in the City of San Leandro <br />Staff Presentation Assistant City Attorney Rich Pio Roda: · provided a brief legal update, including the Compassionate Use Act, Medical Marijuana Program Act, and recent cases. · listed <br />components to consider for a dispensary ordinance, including a limitation on the number of dispensaries, size and acceptable location, performance standards, permit process, and fee <br />structure. · outlined the process for public participation and the adoption of the ordinance, including hearings before the Board of Zoning Adjustments, Planning Commission, and City <br />Council. Community Development Director Luke Sims: · reported that staff may need to engage outside assistance in drafting land use regulations and a possible economic impact analysis. <br />· indicated that an economic impact analysis would include an analysis of job generation and revenue options. Police Chief Sandra Spagnoli: · described the potential citywide impacts <br />on quality of life and City services, including loitering, crime impacts, signage, traffic, and code enforcement. · suggested the ordinance should include performance standards to address <br />these impacts. Public Comments Chris Crow: a new business license category would need to go to the voters, and the City could take the opportunity to look at adjusting its other fees <br />at the same time. Tim Holmes: commented on the advantages of allowing two dispensaries rather than one, and made several suggestions related to performance standards and regulation of <br />dispensaries. Dan Dillman: supported the statements by the previous speakers. Unidentified female speaker: commented that the information in the staff outline appears to conform with <br />the Attorney General’s General’s guidelines. She made several suggestions for incorporation into the draft ordinance. Committee Member Comments Mayor Cassidy: City of San Leandro Page <br />2 Printed on 9/11/2012 <br />File Number: 12-451 · requested a budget, which makes clear what is within the legal retainer, and what is not. · suggested looking at Oakland as a model. · commented that there may <br />be merit to allowing two dispensaries. · favors a Request for Proposal (RFP) process. · does not feel rushed to develop an ordinance. · expressed preference for not requiring an onsite <br />grow facility, unless it is mandatory. · requested staff research and report back on whether a new business license category would require a vote of the people, and whether the City <br />could enact a marijuana-specific sales tax. · would like more citizen participation beyond the BZA and Planning Commission, and suggested the ordinance go to the Council for preliminary <br />input or an advisory vote, prior to going to the BZA and Planning Commission. · stated he was not interested in spending money to conduct an economic analysis at this time. · would like <br />to discuss whether to incorporate the performance standards in the RFP vs. the ordinance. · commented commented he does not support acceptance of only State-issued cards, as this would <br />be too restrictive. Councilmember Prola: · stated he is flexible on whether to allow one or two dispensaries. · would like to ensure the dispensary is safe, regulated and controlled. <br />· agrees not to restrict access only to those with State-issued cards. · agrees the City should look at Oakland, and not reinvent the wheel. · suggested using CalNORML’s economic analysis. <br />· would like to try to comply with the AG guidelines. · would like more information on dispensaries attached to grow facilities. · is in no hurry; wants it done right. · urged members <br />of the public to submit written comments if they choose. Ms. Marshall requested that staff have the opportunity to determine the budget and what is covered under the retainer. If within <br />the budget and not overly labor-intensive, staff will bring a draft ordinance to the next Committee meeting. Otherwise, staff will bring back a budget and project plan. Committee Recommendation <br />None. 2. Public Comments None. 3. Committee Member Comments Mayor Cassidy stated he would like to establish as a guideline that agenda back up City of San Leandro Page 3 Printed on 9/11/2012 <br />File Number: 12-451 materials be posted at least 48 hours, or two business days, prior to the Council Committee meetings. He commented that having the information in advance would allow <br />for better decision-making and more meaningful community review and input. Mayor Cassidy suggested raising the issue at the next City Council meeting to obtain the Council’s concurrence <br />to refer the matter to the Committee. 4. Adjourn The meeting was adjourned at 5:19 p.m. City of San Leandro Page 4 Printed on 9/11/2012 <br />CITY OF SAN LEANDRO CITY COUNCIL RULES AND COMMUNICATIONS COMMITTEE August 28, 2012 4:30 -5:30 p.m. San Leandro City Hall 835 East l4th Street San Leandro, California (City Council Chambers) <br />AGENDA 1. Discussion Regarding Medical Marijuana Dispensaries in the City of San Leandro 2. Public Comments 3. Committee Member Comments 4. Adjourn Committee Members: Mayor Stephen Cassidy <br />Councilmember Jim Prola Councilmember Diana Souza <br />Discussion Outline Medical Marijuana August 28 City Council Rules and Communications Committee I. Brief Legal Update (Compassionate Use Act and Medical Marijuana Program Act) II. Components <br />of a Dispensary Ordinance Limitation on overall number of dispensaries o RFP or other competitive process Proximity to schools and other “sensitive” uses Size of dispensary(ies), and <br />acceptable locations Performance standards for dispensary(ies) o Security o Recordkeeping o Hours of Operation o Signage o Good neighbor practices Permit and Administrative process Fee <br />structure for dispensary license III. Process for Public Comments & Adoption of Ordinance Citizen participation IV. Economic Impact Analysis Job generation Revenue options (Cannabis <br />tax measure) V. Citywide Impacts o Quality of Life o Crime issues o Impact on City services /Code enforcement VI. Project Budget 1956800.1 /136.9016 <br />Discussion Outline Medical Marijuana August 28 City Council Rules and Communications Committee I. Brief Legal Update (Compassionate Use Act and Medical Marijuana Program Act) II. Components <br />of a Dispensary Ordinance Limitation on overall number of dispensaries o RFP or other competitive process Proximity to schools and other “sensitive” uses Size of dispensary(ies), and <br />acceptable locations Performance standards for dispensary(ies) o Security o Recordkeeping o Hours of Operation o Signage o Good neighbor practices Permit and Administrative process Fee <br />structure for dispensary license III. Process for Public Comments & Adoption of Ordinance Citizen participation IV. Economic Impact Analysis Job generation Revenue options (Cannabis <br />tax measure) V. Citywide Impacts o Quality of Life o Crime issues o Impact on City services /Code enforcement VI. Project Budget 1956800.1 /136.9016