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Home My WebLink AboutCity Council Member Item for the March 2, 2015, City Council 0 CITY OF HUNTINGTON ACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Jim Katapodis, Mayor Pro Tem1 Date: February 23, 2015 Subject: CITY COUNCIL MEMBER ITEM FOR THE MARCH 2, 2015, CITY COUNCIL MEETING- DIRECT THE CITYATTORNEY TO PREPARE AN AMENDMENT ORDINANCE TO MACE EXPRESS THE CITY'S PROHIBITION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY STATEMENT OF ISSUE: Federal laws have historically prohibited any possession, sale and distribution of marijuana. Due to the City's concerns of public health, safety, and welfare of the residents and businesses, in 2007, the City Council amended the Zoning and Subdivision Code (Ordinance No. 3788) to eliminate medical marijuana dispensaries as a permitted (non-profit, for profit, retail, commercial, or otherwise) use within the City. The City of Huntington Beach also previously imposed a Moratorium on medical marijuana dispensaries. As such, since 2007, medical marijuana dispensaries are not permitted to operate in Huntington Beach and are therefore strictly prohibited to exist in the City. To expressly and notoriously inform the citizens of the City's intent to continue to serve the public health, safety, and welfare of the residents and businesses within the City, the City Council should consider an amendment to Huntington Beach's Zoning and Subdivision Code to expressly articulate its current prohibition on medical marijuana dispensaries within the City. The City Council should also consider expressly stating that any mobile medical marijuana dispensary is likewise prohibited. RECOMMENDED ACTION: Direct the City Attorney to prepare: An Ordinance amendment that adds expressly articulated language to the City's Code that medical marijuana dispensaries are a prohibited non-profit, for profit, retail, commercial, or otherwise, establishment in the City. The Ordinance amendment should include that mobile medical marijuana dispensaries fall under the same prohibition. This amendment is not to change the City's longstanding prohibition against medical marijuana dispensaries; the amendment is only to enhance the Code to make the prohibition more express and clearer to the public. Cc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk Michael Gates, City Attorney Fikes, Cathy From: Bobbi Ashurst[bobbiashurst@rocketmail.com] Sent: Friday, February 27, 2015 2:48 PM To: Fikes, Cathy Subject: Email distribution to city council Attachments: Letter to Barbara D feb 2015.docx; Letter to Dr Sullivan feb 2015.docx; Letter to eric peterson feb 2015.docx; Letter to Jill Hardy feb 2015.docx; Letter to Jim Katapodis feb 2015.docx; Letter to Mike Posey feb 2015.docx; Letter to O'Connell feb 2015.docx Hi Cathy, I just spoke with you regarding the attached letters to each of our council members. Thank you for offering to distribute. The letters are in regards to an agenda item coming up this Monday so I would appreciate that they receive them prior to the proscribed deadline. Thank you so much! Best regards, Bobbi Ashurst ph - 714-969-6400 fx - 714-969-0549 cell- 714-287-7302 bobbiashurst(W-rocketmail.com SUPPLEMENTAL COMMUNICATION Meeting Date: � Agenda Item No. i 2/25/2015 a a Bobbi Ashurst 208 Indianapolis Ave Huntington Beach, CA 92648 Dear Barbara DelGleize, I am writing to you regarding Agenda Item# 11 introduced by council person Jim Katapodis regarding Medical Marijuana Collectives and dispensaries. I implore you to vote no on this ordinance as it not only disallows Medical Marijuana dispensaries and collectives from doing business here but also bans delivery services. That targets directly the housebound and infirmed, the most vulnerable of patients. As it stands, a group of patients as diverse as Veterans, diabetics, chronic pain sufferers,PTSD sufferers, chronic migraine and digestive issues, and cancer patients and families of all mentioned, have been meeting with council members advocating for an ordinance allowing for collectives and dispensaries. We have a sample ordinance that is PAC proof, (federal enforcement) and modelled after the Anaheim ordinance drafted after they lost their lawsuit attempting to deny citizens medical treatment. I will not be able to speak at the Council meeting as I will be in Bishop celebrating my father's 9011,Birthday. So let this letter speak for me. Do not deny medical patients the medicine they need! Do the morally right thing! Respectfully, Bobbi Ashurst 714-287-7302 a Fikes, Cathy From: Steve Farnsworth [hazmn54@gmail.com] Sent: Friday, February 27, 2015 2:01 PM To: CITY COUNCIL Cc: Fikes, Cathy Subject: City Council Agenda Item 3/1/15 regarding Medical Marijuana Dispensaries Attachments: Dispensary Letter to HBCC.docx Honorable Mayor and HB City Council Members, Attached please find a document for your consideration during Monday's council meeting. Thank you, Steve Farnsworth SUPPLEMENTAL COMMUNICATION MaetiNi mate: Agerkle Item No. 1 18101 Goo& in Lii.*Iltmti1igicxi Bc�ich,CAL 926166 floor:11 t-975-1038� 1'rl�'Iail:ha��nn.�ta'gmaiLa�nl February 27, 20115 I Ionorable Vlayor and City Council Members of Huntington Beach Dear Mayor and City Council Members. I am writing this in oppositiou of Council Member Katapodis' recommendation to express/strengthen die wording of the city's prohibition of medical marijuana dispensaries withnh the city limits of Huntington Beach. Although Federal law has not yet recognized the legitimate use of medical marijuana as a medical substitute for pills, the State of California has.That should be reason enough to consider allowing a predetermined number of dispensaries within Huntington Beach that is mutually agreed upon by the council and City Attorney. I'm not asking for these to be on every street corner,but the citizens of Huntington Beach that can't travel far and don't care to go to Santa Ana or other surrounding cities to purchase medical marijuana, oils, edibles should be able to purchase locally. Although there is concern that not all patrons of these facilities require the use of medical marijuana and obtain licenses illegitimately,those same people would end up just buying it from a local dealer they know or go liang out at the pier and buy some there anyway.The issue is that elderly citizens or ill persons that due uideed use marijuana for medicinal purposes most likely don't know their local"pot"dealer and truly don't have die access that the younger generation has. For this reason alone, Huntington Beach should seriously consider not strengthening the language against medical marijuana dispensaries, but limit the uumber of diem, establish an age limit(e.g. 21 years of age) and perform periodic inspections of the operations of such dispensaries. You may not believe this now,but eventually marijuana will be legalized in California at which time it will probably end up being sold on every street corner. In die mean time, as a citizen of Huntington Beach I am asking you to not strengthen,but loosen up the city's zoning code and just keep a watchful eye on things. Thank you for your consideration in this matter. Sincerely, .Steven D. �a�euontl Dornbo, Johanna From: +17147172865@tmomail.net Sent: Wednesday, February 25, 2015 7:35 PM To: CITY COUNCIL ..... ........ ..... ....... . ......... . _........... ... .................._. . ...... ..................... ..... . .......................... ._....._...................... .. .............. Please, please consider medical marijuana shops in the industrial area of HB. There are quote a few, me included, that use medical pot for quality of life. I have COPD, and Rheumatoid Arthritis I do use medically prescribed drugs but they are killing my body. Medical pot that is edible is oneof the onky things on the marjet that takes my pain away and allows me to breathe like a normal person. It isvery hard for meto go to Garden Grove or Santa Ana to get my supplies. I di not use for recreation, that what Jack Daniels is for. I use it ti feel and have quality Mobfle,, SUPPLEMENTAL COMMUNICATION Meeting irate: Agenda Item No. i Esparza, Paa From: Flynn, Joan Sent: Monday, March 02, 2015 1:30 PM To: Esparza, Patty Subject: FW: Agenda Item 11 SUPPLEMENTAL COMMUNICATION Joan L. FLynn, City Clerk Meeting Cate: City of Huntington Beach 714-536-5404 Agenda Item No. Please consider the HB City Clerk's office for your passport needs From: Janice Ugland [mailto:janugland(slaol.com] Sent: Monday, March 02, 2015 1:10 PM To: CITY COUNCIL Cc: Gates, Michael; Flynn, Joan Subject: Agenda Item 11 Dear Respected Council Members: I broke the law (almost daily) for two years straight. This was way back when I was a sophomore at Marina Nigh School; a good student, athlete and one that respected authority and rules. But during that time, the choice I made was reasoned by me as a matter of life versus possible death. I hope going forward and while you consider the "language" of Agenda Item 11 this evening that you'll perhaps,just perhaps, think about my story. I was chosen back then to represent our school's modeling class on the runway at a regal event in Newport Beach. Most teen girl's dream, right? Well, unfortunately, not quite this time. What transpired was a nightmare. And although most nightmares are fleeting, this was a permanent one from which I was physically maimed for life and emotionally both shattered and isolated. You see, I had never worn make-up before and part of this gig was, of course, full make-up, hair and clothes; the works. I was unrecognizable. Proud. Excited. Preened the runway lake a pro, all the while not realizing that come morning... I'd be unrecognizable but in a hellish way. The heavy stage make-up caused a skin reaction which burned the most sensitive cheek areas on my face. Blood blister left side 3"xV and one on right side, 2"x2". This is what I awoke to in our bathroom mirror. It took nearly a year of weekly dermatology visits before I was even close to being near presentable to be seen in public. I can't even describe it. The trauma, pain, fear, anxiety, depression and isolation. I didn't have the coping skills to acclimate myself back 1 Esparza, Patty From: Flynn, Joan Sent: Monday, March 02, 2015 2:33 PM To: Esparza, Patty Subject: Fwd: Agenda Item # 11 Xs 2 Attachments: photo.PNG This came in too late but go ahead and put it into the file Joan Flynn, City Clerk Huntington Beach Begin forwarded message: From: Janice Ugland <janugland,caol.com> Date: March 2, 2015 at 2:29:27 PM PST To: <city.council(asurfcity-hb.org> Cc: <Michael.Gates(asurfcity-hb.org>, <Jflynncsurfcity-Hb.or > Subject: Agenda Item # 11 Xs 2 Dear Council, Let me convey to you a second story so to maybe compel real introspection on Agenda Item # 11. I'll make this one as short as possible. :) My 'Irish Twin' brother,Kevin,passed away in 1986 at the age of 23-years-old. He died from AIDS. He had withered to a mere 901bs in the final months of his life.Kevin couldn't eat. Our mom sought advice from his doctor. The doc suggested marijuana. I broke the law again.Mom gave me the money and said, "Buy him the best kind." I did.And in breaking the law,our mom got to do what every mother on this earth aspires to,yearns to do... she had a last few chances to nourish her child,her son,my brother. Thank you for your time. Always, Janice E.Ugland "The City Council should also consider expressly stating that any mobile medical marijuana dispensary is likewise prohibited." "Should also consider...," Mr.Katapodis a Sent from my iPhone i