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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