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HomeMy WebLinkAboutMinutes 2005-06-27 ~'t\l SM" 5 ~ . ~~ (~ ~) v 0 C' :-.~ :4lIFOp..~ MINUTES CITY COUNCIL CITY OF SOUTH SAN FRANCISCO SPECIAL MEETING CITY HALL CONFERENCE ROOM 400 GRAND A VENUE MONDAY, JUNE 27, 2005 (Cassette Tape No.1) 1. Call to Order 6:15 p.m. 2. Roll Call Present: Councilmembers Garbarino, Gonzalez and Matsumoto, Mayor Pro Tern Fernekes and Mayor Green Absent: None Staff present: City Manager Nagel, City Attorney Williams, Assistant City Manager Van Duyn, Police Captain Massoni, Sergeants Eastman and Normandy, and Corporal Smith 3. Public Comments Mr. Grant Miller, resident, stated he supports the use of medical marijuana for those who are sick and dying, but is concerned with the lack of regulations. He urged Council to extend the moratorium. 4. Public Hearing: Consideration of extending Urgency Ordinance No. 1351-2005, Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries, for a period of 10 months, 15 days Public hearing opened. Staff report presented by Chief Planner Sparks. Public hearing closed. Councilwoman Matsumoto requested that the proposed ordinance to regulate marijuana distribution include strict requirements on locations, such as not near schools and not in the downtown area. Sergeant Normandy distributed an informational booklet on medical marijuana to Council, and cautioned against using the term "dispensary". He stated that dispensary, by definition, does not quality as "primary caregiver". Councilman Gonzalez stated his concern is abuse by the consumer and the impact that it will have on the police department and ultimately the City's budget. Councilman Garbarino asked if the caregivers will require a business license and staff responded that it was unclear at this time. Staff clarified that if there is an exchange of money, a financial transaction, then a business license will be required. Councilman Garbarino further stated his concern regarding consumers driving under the influence. City Attorney Williams informed Council that Congress is addressing the use of medical marijuana, which makes it complex for local jurisdictions to craft laws that are going to be effective as the law may change depending on what legislature does. She further stated that it is because of state law this issue needs to be addressed. Mayor Green stated his concern that residential caregivers, such as the resident on Wilms A venue, are in a position of having their marijuana plants harvested by neighborhood juveniles, and felt that this type of circumstance needed to be regulated. He asked that staff explore the possibility of having one central location in the County, such as at the County hospital. Councilwoman Matsumoto and Mayor Pro Tern Fernekes suggested restricting locations to certain zones, as was previously done with bookstores. Councilman Gonzalez stated support for exploring the suggestion of a central location in the County, such as at a hospital. Noting that members ofthe public were wishing to speak, Mayor Green re..opened the public hearing. Mr. David Abelgas, residence unknown, stated he is a victim of leukemia and explained the benefits of marijuana in comparison to other medical alternatives and the advantages of a dispensary as an alternative to other methods of obtaining the drug. Ms. Francis Ellis, resident, described her diverse medical challenges and daily consumption of marijuana. Mr. Tariq Alazraie, Mason Street dispensary in San Francisco and resident of San Bruno, stated his disappointment that the City is postponing adoption of an ordinance regulating dispensaries. He stated that the number of his clients from San Mateo County has doubled. Councilwoman Matsumoto questioned why South San Francisco is being considered when other cities have better public transportation. Mr. Alazraie stated he was more familiar with South San Francisco and that it's a shorter drive to South San Francisco than San Francisco. Mr. Alazraie stated he has withdrawn his application for a dispensary for many reasons. SPECIAL CITY COUNCIL MEETING MINUTES JUNE 27, 2005, 2005 PAGE 2 Public hearing closed. Motion-Fernekes/Second-Gonzalez: To introduce, waive reading and adopt Interim Ordinance No. 1356-2005, making findings and extending a temporary moratorium on the establishment and operation of medical marijuana dispensaries, to become effective immediately, for a period of 10 months, 15 days. Unanimously approved by voice vote. Mayor Green directed staff to also look into the issue of who can legally grow marijuana and that it is grown in a safe environment. 5. Adjournment Being no further business, Mayor Green adjourned the meeting at 6:55 p.m. Submitted by: ;qL.;m.~ Sylvia M. Payne, City Clerk City of South San Francisco Approved: ~~;t~ Raymond L. Green, Mayor City of South San Francisco SPECIAL CITY COUNCIL MEETING MINUTES JUNE 27, 2005, 2005 PAGE 3