HomeMy WebLinkAbout2017 08 10 CC MIN SM MINUTES
BALDWIN PARK CITY COUNCIL SPECIAL MEETING
AUGUST 10, 2017, 5:30 P.M.
COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706
CALL TO ORDER
The meeting was called to order at 5:32 p.m. by Mayor Lozano.
ROLL CALL
PRESENT:
Council Member Cruz Baca
Council Member Monica Garcia
Council Member Ricardo Pacheco
Mayor Pro Tem Susan Rubio—Arrived 6:12 p.m.
Mayor Manuel Lozano
INVOCATION
Invocation was conducted by Council member Pacheco
PLEDGE OF ALLEGIANCE
Pledge of allegiance was led by Council member Pacheco.
In response to the absence of Mayor Pro Tem Rubio, Council member Garcia suggested that,
given the importance of this item to the community, Council may choose to postpone the
hearing and reschedule this meeting to a time and date when all council members can be
present.
Council member Pacheco noted Council member Garcia's concerns but pointed out that Mayor
Pro Tern Rubio may be arriving later and being that there is a second reading, he expressed the
desire to move forward.
Council member Garcia made a motion to reschedule this hearing; Council member Baca
voiced objection.
Mayor Lozano deferred to City Attorney Tafoya to briefly discuss the time line associated with
the ordinances being heard and how any delays would ultimately affect the City's ability to
implement the ordinances in advance of the state legislation beginning in 2018.
After the City Attorney's explanation, Council member Garcia held her position and her motion
to postpone with Mayor Lozano seconding the motion. Noting Council member Baca's
objection, Mayor Lozano deferred to the City Clerk to conduct a roll call vote.
Motion by Council member Garcia, seconded by Mayor Lozano, to postpone the public hearing
and reschedule the meeting to a date and time when all council members can be present:
Baca — No
Garcia—Yes
Lozano— No
Pacheco—Yes
Rubio—Absent
The vote resulted in a tie, 2—2, therefore the motion failed.
Special Meeting of 8/10/17 Page 1 of 4
Mayor Lozano asked that the meeting move forward to open public communications. Council
member Baca also asked that City Attorney Robert Tafoya explain some of the details of the
item being heard during this evening's meeting.
PUBLIC COMMUNICATIONS
Mayor Lozano opened Public Communications at 5:41 p.m.
Greg Tuttle, Baldwin Park business owner, opined that the timeframe proposed for getting
cannabis cultivation permits approved is unreasonably short and that any buildings that are
within the industrial and industrial commercial zone areas are too old or not suitable for such
operations; voiced concern for the potential of illegal growers setting up in residential areas.
Seeing no one wishing to speak, Public Communications closed at 5:45 p.m.
PUBLIC HEARING
1. A REQUEST FOR THE CONSIDERATION OF ORDINANCE NOS. 1400 AND 1401
RELATING TO AN AMENDMENT TO THE CITY'S MUNICIPAL CODE, ON MEDICAL
AND ADULT USE OF CANNABIS ZONING (I & IC) AND RULES AND REGULATIONS
FOR THE MANUFACTURING, CULTIVATION, AND DISTRIBUTION THEREOF (AND
CONTINUTING THE BAN ON DISPENSARIES)
A. Staff recommend that Council open the public hearing and, following the public hearing,
introduce by title only and waive the first reading of Ordinance No. 1400, entitled "An
Ordinance of the City Council of the City of Baldwin Park, California, Adding Chapter 127
Medical and Adult Use Commercial Cannabis, of Title XI Business Regulations to the
City's Municipal Code;" and concurrently
B: Staff recommend that Council open the public hearing and, following the public hearing,
introduce by title only and waive the first reading of Ordinance No. 1401, entitled "An
Ordinance of the City Council of the City of Baldwin Park, California, Amending Baldwin
Park Municipal Code, Table 153.050.020 and the Deletion of Subsections
153.120.330.0 and 153.120.330.D of the City's Municipal Code."
Mayor Lozano opened Public Hearing at 5:45 p.m. and invited those wishing to speak in
opposition to come forward and be heard.
Seeing no one come forth to speak in opposition, Mayor Lozano invited those wishing to speak
in favor to come forward and be heard.
Jacob Dunn, stated that he has been an advocate of medical cannabis since 2015 and had
made repeated attempts to engage City Council and staff on this subject; noted that establishing
a growing facilities is more complex with regard to infrastructure; also opined that requiring
armed security guards may be excessive and financially oppressive from a business
perspective.
Brenden Sidener, expressed support for the proposed ordinances but opined that the City
should also allow dispensaries, noting that the city would benefit from a "seed — to — sale"
approach.
Seeing no others wishing to speak, Mayor Lozano closed the Public Hearing at 5:52 p.m.
Council member Baca asked that staff provide a review of the proposed policies and general
impact on the city with the passing of these ordinances.
•
Special Meeting of 8/10/17 Page 2 of 4
Community Development Director Gus Romo began by providing a summary of the•economic
impact of the legalization of cannabis in the state and potential at the city level; provided
employment and revenue projections.
City Attorney Robert Tafoya then provided a summary of the ordinances themselves both from a
regulatory perspective and zoning restrictions; summarized the outreach efforts conducted by
the City; provided a narrative of the staff report and some of the specifics of the Ordinances
such as restrictions and requirements of facility sites, structures, security and other suitability
requirements.
City Attorney Tafoya read into the record the correction of a typographical error found in
Ordinance No. 1401, on the zoning chart, which was original published with a designation of"P"
which would indicate that the permit is allowed by right, which is incorrect; noted that this has
been corrected to indicate that the permits are discretionary only and are not allowed by right.
City Attorney Tafoya concluded his presentation by reiterating the reason for the accelerated
timelines.
Council member Baca asserted that Council and staff has been working on this issue for many
months so the appearance that things are being rushed is not all together accurate; noted that
significant community outreach has been conducted.
Council member Garcia stated that she spoke with some residents where were unaware or
unable to attend the community meetings; requested that this be advertised in the NOW
newsletter in order to get the information out to the entire community and provide the
opportunity for citizens understand and provide input; opined that there is a need for additional
outreach and engagement with all residents understand the issue.
Council member Garcia went on to note that the Los Angeles County Police Chiefs Association
has taken a position in opposition to cannabis; pointed out that she has yet to see any kind of
summary or analysis from the Police Chief as to the impact on public safety; expressed her
reservations and opposition to moving forward with these Ordinances at this time and reiterated
her wish for more community engagement.
Interim Police Chief Mike Taylor responded to comments regarding the Los Angeles County
Police Chiefs Association, noting that opinions vary across the association but that the majority
of members object to dispensaries; pointed out that what is being considered here is different in
that it is for commercial cultivation of medical cannabis which is vastly different than the retail
dispensaries;
Chief Taylor voiced his personal and professional support for the cultivation of medical
cannabis; explained that he has extensive experience within the city of Baldwin Park as it
pertains to narcotics and illicit drugs, and there is no parallel since the proposed Ordinances are
strictly at a commercial level and for medical grade standards; also noted that both the Baldwin
Park Police Officers Association and the Baldwin Park Police Management Employees
Association support this as well.
Mayor Pro Tem Rubio pointed out that this has been a subject of discussion over the past
couple of years, originally with very little support, but with the emergence with the medical
significance and the State moving forward with legalization, opinions have shifted; noted that
Council and staff has made significant efforts in due diligence.
•
Special Meeting of 8/10/17 Page 3 of 4
City Attorney Tafoya briefly reiterated that, while it appears that this item is being rushed
through, the fact is that the City Attorney's Office and city staff has spent a great deal of time
researching the issue and developing the Ordinances presented.
Council member Pacheco noted that he has learned a great deal from experts in the industry
and that the use of cannabis for medical purposes has shown marked benefits; pointed out that
security and safety for the community has been an important point in the consideration of what,
if any, types of cannabis-related business would be allowed in the city; expressed confidence in
the City's position with regard to permitting cultivation of medical cannabis within the parameters
identified in the proposed Ordinances.
Council member Pacheco made a motion, seconded by Council member Baca. Council
member Garcia voiced objection.
Mayor Lozano directed the City Clerk to conduct a roll call vote resulting in the following:
Ayes: Baca, Lozano, Pacheco, Rubio
Noes: Garcia
Absent: None
Abstain: None
Motion carried (4— 1; Garcia voting no) to:
1. Approve and adopt Ordinance No. 1400, entitled "An Ordinance of the City Council of
the City of Baldwin Park, California, Adding Chapter 127 Medical and Adult Use
Commercial Cannabis, of Title XI Business Regulations to the City's Municipal Code;"
and concurrently
2. Approve and adopt Ordinance No. 1401, entitled "An Ordinance of the City Council of
the City of Baldwin Park, California, Amending Baldwin Park Municipal Code, Table
153.050.020 and the Deletion of Subsections 153.120.330.0 and 153.120.330.D of the
City's Municipal Code."
ADJOURNMENT
There being no further business, motion was made by Lozano, secnn•ed by Ga • =•'ourn
the meeting at 6:35 p.m.
.yor
ATTES •` ; ,
,//
C. lerV
APPROVED: tb ( 4 y
•
Special Meeting of 8/10/17 Page 4 of 4