RulesCommunications Highlights 2012 1107

Home

City of San Leandro Meeting Date: December 3, 2012 Minutes File Number: 12-572 Agenda Section: CONSENT CALENDAR Agenda Number: 8.C. TO: City Council FROM: Chris Zapata City Manager BY: Lianne Marshall Assistant City Manager FINANCE REVIEW: Not Applicable TITLE: ACCEPT: Rules and Communications Committee Meeting of November 7, 2012 COMMITTEE RECOMMENDATION: Schedule City Council review and discussion regarding the draft Medical Cannabis Dispensary Permit Ordinance (listed as Action Item 10.C.) CITY OF SAN LEANDRO CITY COUNCIL RULES AND COMMUNICATIONS COMMITTEE November 7, 2012 4:30 - 5:30 p.m. San Leandro City Hall 835 East 14th Street San Leandro, California (City Council Chambers) HIGHLIGHTS 1. CALL TO ORDER Mayor Cassidy called the meeting to order at 4:35 p.m. 1.A. Attendance Committee Members present: Mayor Stephen Cassidy, Councilmember Jim Prola and Councilmember Diana Souza City of San Leandro Page 1 Printed on 12/3/2012 File Number: 12-572 City Staff present: Sally Barros, Senior Planner; Michael Hamer, Information Systems Analyst; Marian Handa, City Clerk; Lianne Marshall, Assistant City Manager; Richard Pio Roda, Assistant City Attorney; Sandra Spagnoli, Police Chief 1.B. Announcements None. 2. DISCUSSION ITEMS 2.A. Update on Medical Marijuana Ordinance Staff Presentation Assistant City Attorney Pio Roda: · Reviewed the features of the draft San Leandro ordinance · Compared the provisions of the draft ordinance to Oaklands ordinance · Commented on the People v. Jackson case and its potential effect on San Leandros ordinance IS Analyst Hamer: · Displayed and described maps showing 500 ft. buffer from residential; 1,000 ft. buffer from sensitive areas; and a combined 500 ft. buffer from residential/1,000 ft. buffer from sensitive areas Committee Questions/Answers Q: Why doesnt the City want a quarterly report of visits? A: While the reports would aid law enforcement, they would be time-consuming and involve additionnal recordkeeping Public Comments Janet Palma spoke in favor of allowing the sale of unrelated items, to help generate revenue for the business. She commented on the lack of limits on the background check; the 1,000 ft. buffer being too large for a city of our size; and that a cooking facility would require compliance with County health department regulations. Ellen Komp, California NORML, addressed the concerns regarding edible products, and spoke in favor of selling pipes and other unrelated items. She commented that restrictions on sales to non-residents could be challenged legally. Denise Martellacci spoke in favor of allowing the sale of unrelated items. She commented that the cooking restriction would be limiting to employees, and for holding classes. She questioned the authority given to the City Manager, and restricting access to City or County residents. Laura Slusher expressed concern regarding the food issue, commenting that it would be more advantageous to prepare food items onsite. . City of San Leandro Page 2 Printed on 12/3/2012 File Number: 12-572 Committee Member Comments Councilmember Souza: · Supports the ordinance as proposed, including the prohibition on sales of pipes and unrelated items and restricting sales to residents only. · Expressed concern regarding cooking onsite. Mayor Cassidy: · Suggests bringing the draft ordinance to the City Council for review, then to the public · Would like to keep the reporting requirement as per the Attorney Generals (AG) guidelines · Will acquiesce to the two valid permits for now · Agrees with the 500 residential and 1,000 sensitive use combined buffers · Would like to restrict the sale of tobacco products, but not other unrelated items · He has no objection to the language regarding background checks · Would prohibit the cooking onsite to items for sale · Favors broadening the facility access to allow visits for legitimate public policy purposes Councilmember Prola: · Is not in favor of 1) prohibiting the sale of pipes and other unrelated items; 2) prohibiting cooking, reheating or warming food; and 3) restricting sales to residents only · Agrees with the Mayors comments · Disagrees with Section 4-33-800, and feels there should be a right of appeal to the City Council The Committee discussed the City Manager or Police Chief being the final decision makers, with no right of appeal to the City Council. Mr. Pio Roda noted the provision is in the Oakland ordinance, presumably to address major events. He will work with the Police and City Managers Office to craft revised language. Committee Recommendation Schedule Council consideration of draft medical marijuana ordinance in December 2012. 2.B. Discussion Regarding Animal Control Ordinance (Includes Chickens and Bees) Staff Presentation Police Chief Spagnoli: · Reviewed a list of proposed changes to the Animal Control ordinance · Plans to conduct one or two public workshops · A draft ordinance will then be prepared for the Councils review in February 2013 · The Council will review the ordinances effectiveness after one year, and prropose additional changes if needed · Beekeeping would be allowed by permit, and would require approval by adjacent neighbors City of San Leandro Page 3 Printed on 12/3/2012 File Number: 12-572 · An Animal Fanciers Permit would allow good performers to exceed the number of animals allowed by ordinance Public Comments Veronica Mendoza commented on the tethered animal restriction, and on the limit on the number of chickens allowed. Laura Slusher asked for more information about the adjacent neighbor approval for beekeeping. Robert Mercer asked why the City is proposing changes to the existing ordinance. Chance Boreczski expressed concern about arbitrarily specifying the number of allowable animals. He suggested that more specific regulations regarding noise and odor be considered instead, as well as a requirement that chicken coops be set back from the property line. Committee Member Comments Councilmember Prola: · Agrees with the restriction on unattended animals Councilmember Souza: · Would like to bring something forward soon as a gesture of faith to the community ; however, she acknowledges that it may not be the most efficient or effective approach in the long run · · Agrees with Councilmember Prola regarding the need for tethering of unattended animals Mayor Cassidy: · Does not support the 6,000sq. ft. lot size requirement to keep birds, fowl or rabbits · Feels the changes related to bees and chickens requires further refinement · Needs to consider further the requirement for adjacent neighbor approval · Does not see a need for the tethering regulation Councilmember Prola commented that he would like to hear from the public. Mayor Cassidy suggested bringing the matter back to the next Committee meeting. Chief Spagnoli will revise the proposed changes for the next Committee meeting, then hold community meetings in January and February to elicit community input. Committee Recommendation None. 3. Public Comments None. 4. Committee Member Comments City of San Leandro Page 4 Printed on 12/3/2012 File Number: 12-572 None. 5. Adjourn The meeting was adjourned at 6:05 p.m. City of San Leandro Page 5 Printed on 12/3/2012 Rules & Communications Committee City of San Leandro Meeting Agenda Civic Center 835 East 14th Street San Leandro, California Mayor Stephen H. Cassidy, Chair Councilmember Jim Prola Councilmember Diana M. Souza Wednesday, November 7, 2012 4:30 PM City Council Chambers 1. CALL TO ORDER 1.A. Attendance 1.B. Announcements 2. DISCUSSION ITEMS 2.A. 12-530 Update on Medical Marijuana Ordinance Draft Ordinance Memorandum Draft Medical Cannabis Dispensary Permit Ordinance Map with 500 Foot Buffer from Residential Map with 1000 Foot Buffer from Sensitive Issues Map with 1000 Foot Buffer from Sensitive Issues and 500 Foot Buffer from Residential Attachments: 2.B. 12-531 Discussion Regarding Animal Control Ordinance (Includes Chickens and Bees) Attachments: Animal Control Summary of Changes 3. PUBLIC COMMENTS 4. COMMITTEE MEMBER COMMENTS 5. ADJOURN City of San Leandro Page 1 Printed on 11/2/2012 575 Market Street, Suite 2600 San Francisco, California 94105 tel (415) 421-3711 fax (415) 421-3767 www.meyersnave.com Richard D. Pio Roda Attorney at Law A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO MEMORANDUM Via E-mail DATE: November 1, 2012 TO: City Council Rules and Communications Committee Mayor Stephen Cassidy Councilmember Jim Prola Councilmember Diana Souza FROM: Richard D. Pio Roda, Assistant City Attorney COPY: Vice-Mayor Michael Gregory Councilmember Pauline Cutter Councilmember Tom Dlugosh Councilmember Ursula Reed Chris Zapata, City Manager Lianne Marshall, Assistant City Manager Sandra Spagnoli, Chief of Police Tom Liao, Acting Director of Community Development RE: SECOND DRAFT of Medical Cannabis Dispensary Ordinance and Comparison Matrix Between Proposed City Ordinance and City of Oakland Ordinance and Administrative Regulations Please find attached a second DRAFT of the medical marijuana dispensary ordinance, which will be presented at the November 7th City Council Rules and Communications Committee meeting. 􀀷􀁋􀁌􀁖􀀃􀁙􀁈􀁕􀁖􀁌􀁒􀁑􀀃􀁒􀁉􀀃􀁗􀁋 􀁈􀀃􀁒􀁕􀁇􀁌􀁑􀁄􀁑􀁆􀁈􀀃􀁌􀁑􀁆􀁒􀁕􀁓􀁒􀁕􀁄􀁗􀁈􀁖􀀃􀁗􀁋􀁈􀀃􀀦􀁒􀁐􀁐􀁌􀁗􀁗􀁈􀁈􀀃􀁐􀁈􀁐􀁅􀁈􀁕􀁖􀂶􀀃􀁆􀁒􀁐􀁐􀁈􀁑􀁗􀁖􀀃􀁄􀁑􀁇􀀃 suggestions from the September 25, 2012 Committee meeting. In addition, please find a short matrix that describes the differences between this new version of the proposed City ordinance and the ordinance and administrative regulations adopted by the City of Oakland pertaining to its medical marijuana dispensary program To: Memo to Members, City Council Rules and Communications Committee From: Richard D. Pio Roda Re: SECOND DRAFT of Medical Cannabis Dispensary Ordinance Date: November 1, 2012 Page: 2 A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO Proposed City of San Leandro Ordinance City of Oakland Ordinance (Chapter 5.80) -2 valid permits are allowed -8 valid permits are allowed -City Manager to designate which department will investigate applications and facilitate the permitting process -􀀦􀁌􀁗􀁜􀀃􀀤􀁇􀁐􀁌􀁑􀁌􀁖􀁗􀁕􀁄􀁗􀁒􀁕� �􀁖􀀃􀀲􀁉􀁉􀁌􀁆􀁈􀁕􀀃􀁌􀁑􀁙􀁈􀁖􀁗􀁌􀁊􀁄􀁗􀁈􀁖􀀃 and administers the permit approval process. -City Manager may impose separate conditions of approval, including allowing later hours of operation. -No such requirement, and limitation of hours of operation is between 7pm and 9am the following day. -Public hearing on approval of a permit shall be held by the Board of Zoning Adjustments pursuant to the approval of a conditional use permit. -City Administrator must hold a public hearing on the application for a permit. -Operating, security, and facilities standards and requirements are contained in the ordinance. -Operating, security, and facilities standards and requirements are contained in separate administrative regulations. -Dispensaries must not be within 1000 feet of schools, libraries, youth centers, parks and recreation facilities, and another dispensary, and 500 feet from residential zones. Dispensaries must not be within 600 feet of schools, libraries, youth centers, parks and recreation facilities, residential zones, and another dispensary. -Prohibits the sale or distribution of pipes, tobacco, cigarettes, cigars, lighters, shi sha, hookahs, or any items unrelated to medical m􀁄􀁕􀁌􀁍􀁘􀁄􀁑􀁄􀀃􀁒􀁕􀀃􀁐􀁈􀁐􀁅􀁈􀁕􀁖􀂶􀀃􀁋􀁈􀁄􀁏􀁗􀁋􀀃􀁄􀁑􀁇􀀃􀁚􀁈􀁏􀁏􀁑􀁈􀁖􀁖􀀑 -No such prohibition. -Members shall be City or Alameda County residents only. -No such restriction. -No limit on how many years a potential 􀁈􀁐􀁓􀁏􀁒􀁜􀁈􀁈􀂶􀁖􀀃􀁅􀁄􀁆􀁎􀁊􀁕􀁒􀁘􀁑􀁇􀀃􀁆􀁋􀁈􀁆􀁎􀁎􀀃􀁐􀁄􀁜􀀃� �􀁒􀀃􀁅􀁄􀁆􀁎􀀑 Background check limited to last 5 years of 􀁗􀁋􀁈􀀃􀁈􀁐􀁓􀁏􀁒􀁜􀁈􀁈􀂶􀁖􀀃􀁆􀁕􀁌􀁐􀁌􀁑􀁄􀁏􀀃􀁋􀁌􀁖􀁗􀁒􀁕􀁜􀀑􀀃􀀃 -Background check goes to dispensary, which shall deny or terminate employment. -Dispensary must report results of background checks to the City 􀀤􀁇􀁐􀁌􀁑􀁌􀁖􀁗􀁕􀁄􀁗􀁒􀁕􀂶􀁖􀀃􀀲􀁉􀁉􀁌􀁆􀁈􀀑􀀃􀀃If an employee fails the background check, the employee must be terminated. -Ordinance is explicit that no cooking, reheating, or warming of food is allowed in the dispensary. -No such prohibition. -City may impose facility size and height limitations on a dispensary. -No such limitations. -No such requirement. -Within 30 days of the end of a calendar quarter, a Dispensary must provide the City a count of the total number of members of the To: Memo to Members, City Council Rules and Communications Committee From: Richard D. Pio Roda Re: SECOND DRAFT of Medical Cannabis Dispensary Ordinance Date: November 1, 2012 Page: 3 A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO Dispensary and the number of Dispensary visits by each member during the previous calendar quarter. RDP:RDP 1971618.2 1 CITY OF SAN LEANDRO CITY COUNCIL AN ORDINANCE ADDING CHAPTER 4-33 TO TITLE 4 OF THE SAN LEANDRO MUNICIPAL CODE PERTAINING TO MEDICAL CANNABIS DISPENSARY PERMITS NOW THEREFORE, the City of San Leandro City Council does hereby ordain: Section I. Amendment to Title 4, PUBLIC WELFARE San Leandro Municipal Code Title 4 is hereby amended to add the following Chapter, 4-33, as follows: 4-33-100 -Definitions. The following words or phrases, whenever used in this Chapter, shall be given the following definitions: (a). “Attorney General Guidelines” shall mean the California Attorney General Guidelines for the Security and Non-diversion of Marijuana Grown for Medical Use,” issued by the Attorney General’s Office in August 2008, as amended from time to time, which sets regulations intended to ensure the security and nondiversion of marijuana grown for medical use by qualified patients or primary caregivers. (b). "Cannabis" or "Marijuana" shall have the same definition as Health and Safety Code § 11018, as amended from time to time, which defines "cannabis" as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant incapable of germination. (c). "Cannabis Dispensary" or “Dispensary” shall mean a collective or cooperative that distributes, dispenses, stores, exchanges, processes, delivers, makes available, transmits and/or gives away marijuana in the City for medicinal purposes to four (4) or more qualified patients and/or primary caregivers pursuant to California Health and Safety Code Sections 11362.5, 11362.7 et seq. ((d) “City” means the City of San Leandro, and any legislative body granted regulatory authority over Dispensary operations by this ordinance. (e). “City Manager” means the City Manager of the City of San Leandro or his/her designee. (f). “Collective” means any association, affiliation, or establishment jointly owned and operated by its members that facilitates the collaborative efforts of qualified patients and primary caregivers, as described in the Attorney General Guidelines. 2 (g). “Cooperative” means a business organization recognized by the state of California through properly registered articles of incorporation under the Corporations or Food and Agricultural Code that conducts its business for the mutual benefit of its members, as described in the Attorney General Guidelines. (h). “Medical Marijuana” means marijuana authorized in strict compliance with Health & Safety Code §§ 11362.5, 11362.7 et seq., as such sections may be amended from time to time. (i). “Parcel of Land” means one piece of real property as identified by the county assessor’s parcel number (APN) that is one contiguous parcel of real property, which is used to identify real property, its boundaries, and all the rights contained therein. (j). "Primary caregiver" shall have the same definition as California Health and Safety Code Section 11362.7, and as may be amended from time to time, and which defines "Primary Caregiver" as an 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, and may include any of the following: 1. In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1 (commencing with Section 1200) of Division 2 of the California Health and Safety Code; a health care facility licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2 of the California Health and Safety Code; a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 (commencing with Section 1568.01) of Division 2 of the California Health and Safety Code; a residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2 of the California Health and Safety Code; a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with Section 1725) of Division 2 of the California Health and Safety Code; the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card. 2. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver. 3. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card. (k). "Qualified patient" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which means a person who is entitled to the protections of California Health & Safety Code Section 11362.5. For purposes of this ordinance, qualified patient shall include a person with an identification card, as that term is defined by California Health and Safety Code Section 11362.7 et seq. 3 (l). "Serious medical condition" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may be amended, and which means all of the following medical conditions: 1. Acquired immune deficiency syndrome (AIDS); 2. Anorexia; 3. Arthritis; 4. Cachexia; 5. Cancer; 6. Chronic pain; 7. Glaucoma; 8. Migraine; 9. Persistent muscle spasms, including, but not limited to, spasms associated with multiple sclerosis; 10. Seizures, including, but not limited to, seizures associated with epilepsy; 11. Severe nausea; 12. Any other chronic or persistent medical symptom that either: a. Substantially limits the ability of the person to conduct one or more major life activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-336). b. If not alleviated, may cause serious harm to the patient's safety or physical or mental health. (m). "Written documentation" shall have the same definition as California Health and Safety Code Section 11362.7 et seq., and as may may be amended, and which defines "written documentation" as accurate reproductions of those portions of a patient's medical records that have been created by the attending physician, that contain the information required by paragraph (2) of subdivision (a) of California Health and Safety Code Section 11362.715, and that the patient may submit to a county health department or the county's designee as part of an application for an identification card. 4-33-200 – Dispensary Permit required and Application for Permit. (a) Except for hospitals, it is unlawful for any owner, operator, collective, cooperative, or association to own, conduct, operate or maintain, or to participate therein, or to cause or to allow to be conducted, operated, or maintained, any Dispensary in the City of San Leandro unless there exists a valid Dispensary permit in compliance with the provisions of this Chapter. (b) This Chapter does not apply to the individual possession or cultivation of medical marijuana for personal use, nor does this Chapter apply to the usage, distribution, cultivation or processing of medical marijuana by qualified patients or primary caregivers when such group is of three (3) or less individuals, and distributing, cultivating or processing the marijuana from a residential unit or a single non-residential parcel of land. Associations of three (3) or less qualified patients or primary caregivers shall not be required to obtain a Dispensary permit under this Chapter, but must comply with all applicable State Laws and the Attorney General Guidelines. (c) The City shall issue no more than two (2) valid permits for the operation of dispensaries in the City. (d) In addition to the requirements specified in Chapter 2-2 related to Business Licenses, the permit application for a Dispensary shall set forth the following information: 4 (1) Unless it is determined by the City that the location will not impact the peace, order and welfare of the public, evidence that the proposed location of such Dispensary is not within one thousand (1000’) feet of a public or private school, public library, youth center (serving youth ages eighteen (18) and under), parks and recreation facilities, and another Dispensary and five hundred (500’) feet from a residential zone. The proposed Dispensaries must be located in a commercial or industrial zone, or its equivalent as may be amended, of the City. (2) A complete description of the type, nature and extent of the enterprise to be conducted, with evidence satisfactory to the City that the enterprise is either a collective or cooperative, as described in the Attorney General Guidelines. (3) A plan of operations that will describe how the Dispensary will operate consistent with the intent of State law, the provisions of this Chapter, the Attorney General Guidelines, the City’s Municipal and Zoning Codes, and conditions of approval including but not limited to: (i) Controls to verify membership in collectives and cooperatives to ensure medical marijuana will be dispensed only to qualified patients and primary caregivers within the City and the County of Alameda; and (ii) Controls to acquire, possess, transport and distribute marijuana to and from members, and plans to ensure marijuana is acquired as part of a closed-circuit of marijuana cultivation and consumption. (iii) A security plan, as a separate document, outlining the proposed security arrangements for ensuring the safety of persons and to protect the premises from theft and or burglary, and patrons and customers from robbery. The security plan shall be reviewed by the Police Department and shall be exempt from disclosure as a public record pursuant to Government Code Section 6255(a). (iv) Such other information deemed necessary to conduct any investigation or background check of the applicant, and for the City to determine compliance with this Chapter, the City’s Municipal Code and Zoning Code. (e) The City Manager shall designate the investigating official to whom an application shall be referred. In recommending the granting or denying of such permit and in granting or denying the same, such designee shall give particular consideration to the capacity, capitalization, and history of the applicant and any other factors that in the City’s discretion it deems necessary to maintain the peace, order and welfare of the public. The City Manager on his or her own power and in addition to any other conditions of approval imposed by any other City departments, boards, commissions or legislative bodies, may impose any conditions on a Dispensary permit he or she deems necessary to maintain the peace, order, and welfare of the public. (f) At the time of submission of a Dispensary permit application, the applicant shall pay a nonrefundable Dispensary permit application fee. The fee amount shall be set by the City Council. 5 (g) The issuance of a Dispensary permit shall not be effective until the permit applicant has received all other permits and approvals required by the City’s ordinances, rules and regulations, including but not limited to any conditional use permit and building permit. 4-33-300 – Compliance with State Law and Municipal Code. (a) A Dispensary must comply with all applicable state and local laws, policies, rules and regulations, including but not limited to the California Health and Safety Code, the City adopted Building Code, Plumbing Code, Electrical Code, Mechanical Code, Fire Code, the San Leandro Municipal Code, the San Leandro Zoning Code, and the San Leandro Administrative Code including any and all rules and regulations related to the land use entitlement process, Dispensary operations, annual Dispensary permit fee, annual business license fee, and the Americans with Disabilities Act to be in compliance with the Dispensary permit. The Dispensary must comply with any and all Conditions of Approval imposed upon it pursuant to any land use permit or entitlement granted. Failure to comply with the Conditions of Approval or any conditions imposed upon a Dispensary permit by the City Manager, and all applicable local and state laws or regulations, and failure to pay when due all fees may result in the imposition of fines, and suspension or revocation of the Dispensary permit after an administrative hearing. The Dispensary may also be subject to enforcement through the City’s nuisance abatement process and other administrative enforcement mechanisms, civil action, and criminal prosecution as defined in San Leandro Municipal Code Chapter 1-12. 4-33-400 – Renewal of Permits (a) Dispensary Permits must be renewed annually. Permit Holders shall contact the City’s Community Development Director in writing no later than forty-five (45) days before the expiration of the current permit to begin the renewal process. At that time, the Dispensary shall submit verification of a current Business License, audited financial financial statements for the previous permit term, and any other requested financial documents or information as required by the San Leandro Municipal Code or the Dispensary’s Permit. As part of the annual renewal process the Dispensary shall be inspected by the Building Inspector and Fire Marshall or their designees. Violations of the San Leandro Municipal Code shall be corrected within a reasonable time, as determined by the Building Inspector, Fire Marshal or his/her designee. The Dispensary shall provide proof to the City that there are no outstanding violations of the San Leandro Municipal Code. (b) A Dispensary Permit will not be renewed without payment of the annual renewal fee, as established by the City Council. 4-33-500 -Performance standards. (a) Operations A Dispensary shall operate in conformance with the following minimum standards, and such standards shall be deemed to be part of the conditions of approval on the Dispensary’s Permit to ensure that its 6 operation is in compliance with California law, the Attorney General Guidelines, and this Municipal Code, and to mitigate any potential adverse impacts of the Dispensary on the public health, safety, and welfare. (1) A Dispensary shall provide the City, the Chief of Police, and all neighbors located within fifty (50) feet of the premises with the name, phone number, facsimile number and email address of an onsite community relations staff person that can be contacted related to Dispensary issues, twenty-four hours a day, seven days a week. (2) Medical marijuana shall only be distributed by a Dispensary at the property identified and approved as the location for the Dispensary on the Dispensary permit application. (3) A Dispensary shall only provide, distribute, dispense, or give medical marijuana to qualified patients or primary caregiver