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Highlights of the Rules Committee of December 9, 2015
COMMITTEE RECOMMENDATION: The Rules Committee will report out at the December 21, 2015 Council meeting and seek guidance from the Council (two motions listed under Action Items on December 21, 2015 Council agenda). Upon direction from the Council, staff will possibly bring a commercial cultivation ban ordinance and an amended ordinance adding a second dispensary to the January 4, 2016 meeting.
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CITY OF SAN LEANDRO
CITY COUNCIL RULES COMMITTEE
DECEMBER 9, 2015
9-10:30 a.m.
San Leandro City Hall
835 E. 14th Street
San Leandro, California
Sister Cities Gallery
HIGHLIGHTS
1. CALL TO ORDER
The meeting was called to order at 9:00 a.m.
1.A. Attendance
Committee members present: Mayor Pauline Cutter, Councilmember Deborah Cox, Councilmember Lee Thomas
City staff present: City Manager Chris Zapata, Assistant City Manager Lianne Marshall, City Attorney Richard Pio Roda, Assistant to the City Manager Eric Engelbart, Administrative Analyst Sbeydeh Walton, Deputy City Clerk Vivian Chiu
Public present: Rose Johnson, Gordon Galvan, Diana Souza
1.B. Announcements
2. DISCUSSION ITEMS
2A. Discussion Regarding a Possible Chinese Name for San Leandro - Sbeydeh Walton
The idea of a Chinese name for San Leandro was brought forth by Councilmember Lee because the current translation is not the most favorable for the city. Mayor Cutter explained that we will not change the name in English but rather provide an appropriate translation in Chinese. Staff provided background information on phonetic translations and informed the committee that a meaning can be changed depending on the translation of different Chinese characters. Staff also noted that while the translation might not be literal it can be a positive description of something to represent San Leandro in the Chinese community. Staff researched and contacted other cities including San Diego and San Francisco and there is no legislative record of adopting a Chinese name. San Francisco staff surmised that its Chinese name was derived by the locals during the Gold Rush migration. Staff is continuing to outreach to staff and community members in San Francisco to see if someone remembers how the name was created.
Mayor Cutter discussed seeking information from an unbiased source for translation and mentioned looking for additional resources to consult.
There was discussion of seeking involvement from the Asian community and discussion surrounding the different interpretation of Chinese characters. Google translation was eliminated as a possible source for translation. The City wants to be culturally sensitive and ensure the translation is suitable.
The Committee is interested in pursuing the creation of the Chinese name and asked staff to conduct more research and return to the Committee in January with additional information.
2.B. Discussion Regarding Proposed Language Changes to Add a Second Medical Marijuana Dispensary
1) Cultivation law
At the October 5, 2015 and November 2, 2015 City Council meetings, the City Council expressed an interest in opening a second dispensary. Staff informed the Committee that the current ordinance would need to be amended to allow a second dispensary in San Leandro and requested direction on the timing for submitting the amendments.
According to a new state law, if cities don’t adopt a municipal code provision for marijuana cultivation by March 1, 2016, state law becomes the sole licensing authority for cultivation activities. There was discussion on whether San Leandro wants to adopt a regulation for cultivation or defer to state law. Mayor Cutter discussed the temporary moratorium in cultivation in San Leandro and City Attorney Pio Roda informed the Committee, that was not sufficient to satisfy the new state law.
City Attorney Pio Roda discussed options for banning cultivation in two ways: either a ban on commercial cultivation, or a ban on all cultivation (both private and commercial). The ordinance could be introduced at the January 4, 2016 meeting and make the March 1st deadline. If the ban is established the council can amend it at a later date.
The Committee is in favor of banning commercial cultivation and exploring the ban on personal cultivation at a later date.
Mayor Cutter asked for a report from the Police Department if there were complaints regarding personal and commercial growth.
Mayor Cutter asked if we can implement land use restrictions on cultivation and City Attorney Pio Roda confirmed that it is possible at a later date.
The Committee will request direction from the full Council at the December 21, 2015 meeting regarding a commercial cultivation ban ordinance which staff would bring forth for a first reading at the January 4, 2016 meeting.
2) Amending Ordinance to add a second dispensary
Staff discussed the need to identify a process for a new cannabis dispensary. Mayor Cutter suggested the committee seek direction from the full Council.
Councilmember Thomas wants to be sure we are doing everything we can to protect the City during the process and ensure we engage in a fair process.
Councilmember Cox thinks we can re-use portions of the original process from the first time without re-creating.
The Committee discussed the second dispensary as a means to provide residents with options which means amending the process to prevent Harborside from participating in the application process for a second dispensary.
There was discussion of unionization and staff reported that management teams from the various applicants stated they had no interest in preventing their employees from unionizing.
There are approximately 23 potential sites for housing the dispensary; the committee wants to ensure there is adequate parking for customers so the health, safety and welfare of the public is not jeopardized.
Staff will bring additional information regarding delivery services and dispensaries to a future meeting.
3. PUBLIC COMMENTS
Diana Souza suggested banning delivery from non-licensed dispensaries.
Committee Recommendation for City Council Consideration
The Rules Committee will report out at the December 21, 2014 meeting and seek guidance from the Council. Upon direction from the Council, staff will possibly bring a commercial cultivation ban ordinance and an amended ordinance adding a second dispensary to the January 4, 2016 meeting.
4. COMMITTEE MEMBER COMMENTS
Committee scheduled future items.
5. ADJOURN
The Committee adjourned at 9:54 a.m.