ARTESIA CITY COUNCIL SPECIAL MEETING MINUTES
WEDNESDAY, OCTOBER 19, 2022, 6:00 P.M.
COUNCIL CHAMBERS, 18747 CLARKDALE AVENUE, ARTESIA, CALIFORNIA *Due to technical difficulties with the video feed, the City has created modified minutes.
CALL TO ORDER
Mayor Ramoso called the meeting to order at 6:01 p.m.
ROLL CALL
Present: Mayor Ramoso, Mayor Pro Tem Manalo, Councilmembers Lima, Taj, and Trevino Staff Present: Interim City Manager Egan, Deputy City Manager Burke, Acting City Clerk Alderete, and City Attorney Nguyen.
PUBLIC COMMENTS
Public comments could be made in person, via email, or voicemail. Due to complications with the [email protected] email, the comment period to submit comments via email was extended until 6:00 p.m. today and were read until the time limit of three minutes was been reached.
Acting City Clerk Alderete reported one public comment was submitted via email for item no. 2.
CONSENT CALENDAR
A MOTION to approve the Consent Calendar was:
Moved: Taj Seconded: Manalo
AYES: Trevino, Taj, Lima, Manalo, Ramoso ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
1. WAIVING OF FULL READING OF ORDINANCES LISTED ON AGENDA Motion: Waive further reading and introduction ordinance(s) as read by title.
ORDINANCE
2. INTRODUCTION OF ORDINANCE NO. 22-930, ADDING ARTICLE 8 TO CHAPTER 2 OF TITLE 3 AND AMENDING VARIOUS SECTIONS OF CHAPTER 21 OF TITLE 5 OF
THE ARTESIA MUNICIPAL CODE REGARDING ADULT-USE CANNABIS
BUSINESSES AND FINDING THAT THE ORDINANCE IS NOT SUBJECT TO CEQA PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15060(C)(2) AND 15061(B)(3) Deputy City Manager Burke presented on the item, outlining the changes made to the ordinance:
At the Regular meeting of the City Council on October 10, 2022, the City Council directed a substantive change be made to Ordinance No. 22-930, which required the Ordinance to be reintroduced for first reading. The change included the removal of Section 3-2.802(b)(5), which removed the reference that a preference would be provided to local residents when considering applications. The change is reflected in the revised Ordinance 22-930.
At the Regular meeting of the City Council on September 12, 2022, the City Council approved a professional services agreement with HdL Companies to assist the City with the development of the application review process, fee study, and to assist in the review of applications. Staff working with HdL over the last few weeks identified a few items in the draft Ordinance which would serve the City best if the stage they took place in was changed. Because Ordinance 22-930 was set for reintroduction, staff is recommending making changes to the application review process, background checks and zoning clearance sections.
Application Review Process
In the previous version of the draft ordinance, the review process outline three steps: 1) completeness check, 2) panel review, and 3) final decision review. In discussions with HdL, the standard model includes a four step process: 1) completeness check, 2) quality assurance review, 3) panel review, and 4) final decision review. Staff recommends adding in the quality assurance review step and the draft ordinance reflects this by adding new subsections (i) and (i) to section 3-2.802(a)(3). A change was also made to reflect that the City has the option to use staff or a consultant in the review process.
Background Checks
In the previous draft of the ordinance owners as well as each employee who will make operational or management decisions, were required to participate in a LiveScan as part of the initial application, while only the top three applications would participate in a comprehensive background check. Staff has recently learned that there are issues around the use of LiveScan's for cannabis checks with the Department of Justice. And that the State will conduct LiveScan's as part of the state license requirement. As a result, Staff is recommending having all applicant owners and managers submit to a comprehensive background check, which HdL will conduct under our agreement, as part of the application process. This will also streamline the process so there will be no surprises or delays caused by waiting until the top three candidates are selected.
Zoning Verification
The draft ordinance previously required a "preliminary zone check" as part of the application but had zone clearance occurring only for the top three applicants after being selected for a permit. Waiting until the end of the process to complete zoning clearance does not make sense because the location and its suitability are part of the scoring, so if an issue arises at the end of the process it could delay or prevent the issuance of a permit. Staff is recommending that zoning clearance verification be moved to during the application process.
Deputy City Manager Burke stated no other changes were made to the draft ordinance and offered to answer any questions on the ordinance.
Councilmember Trevino stated for the record that the intent of the preference for a local resident was not for the resident to get an automatic approval. The "one-point" for local preference was meant to be used in the event of a tie. When applicants scored exactly the same, the local preference was meant to be a tie breaker. Councilmember Trevino asked how the City would break a tie without the local preference.
Interim City Manager Egan stated the method used by many Cities use in the event of a tie, is the use of a lottery.
Councilmembers Taj and Lima stated their support for the introduction of Ordinance 22-930 as presented at the October 19, 2022 meeting.
Mayor Pro Tem Manalo stated for the record that she was the Councilmember who made the motion to revise Ordinance 22-930 at the October 10, 2022 meeting, including the elimination of the local preference from the process. Mayor Pro Tem Manalo also stated she was personally not in support of approving the cannabis measure on the 2020 ballot. However, once it passed by the voters, she has made an effort as a representative of the people; she has the duty to move this forward responsibly, with the least amount of risk to the City.
Mayor Ramoso stated she was not in favor of coming back for another meeting and had made that clear at the October 10, 2022 meeting.
The following public comment was submitted via email and read for Alma L. Griffin:
Thank you,
Madam Mayor Ramoso and elected council members. My name is Alma L Griffin and as a resident of the City of Artesia, I have decided to run for a seat on the council to stop what I saw happen in the last meeting. I would like to touch on the subject of retracting the Preferential scoring for residents of Artesia for a Cannabis store front. Here we are with an opportunity for revenue and a chance for a resident to bring that revenue into our city. At the Council meeting on 9/12/2022, Ali Taj was in support of "Having a local resident and would prefer someone who is local" as long as they meet the high standards that the council would put forth in the scoring process. Ali Taj, was the first to withdraw his support on 10/10/2022 for a local resident to get preferential scoring. In his own words on 9/12/2022, he said he didn't want someone that was "Mickey Mouse, and wanted someone strong." Mr. Taj, at that moment on 10/10 you became Mikey Mouse and were not strong in standing by your own decision to support a Resident of Artesia. Thank you, Rene and Melissa for standing up for the Residents of Atresia and sticking to your decisions to have preferential scoring.
City Council Minutes
October 19, 2022 - Special Meeting Page 2 of 3
Thank you
Alma L Griffin
Bill Zylstra made a public comment regarding his concerns with allowing cannabis in the City, citing marijuana as the leading cause of most dui vehicular accidents, and putting him at risk of being hit by someone driving under the influence of cannabis while he is out for a bike ride. He asked if the City was going to contract more deputies to patrol for drivers under the influence after the stores open.
Dan Rocha made a public comment regarding the vote being flipped from the September 12, 2022 meeting, to the October 10, 2022 meeting. Mr. Rocha stated the only thing that happened in between those two meetings was the Diversity Festival, and the City accepting a donation from former Councilmember Craig Young, who now represents a cannabis company.
Prior to the vote, Mayor Ramoso stated that she would be voting to introduce the ordinance so that it could move forward. She wanted to state for the record that she wanted to see the local preference included in the ordinance.
During the roll call vote, Councilmember Trevino stated for the record that he had wanted to see the local preference in the scoring in the ordinance, however, he voted to move the ordinance forward for implementation.
A MOTION to waive full reading and introduce, Ordinance No. 22-930, as read by title was:
Moved: Taj Seconded: Manalo
AYES: Trevino, Taj, Lima, Manalo, Ramoso ABSENT: None
NOES: None ABSTAIN: None
The motion carried 5-0-0-0
ADJOURNMENT
The meeting was adjourned at 6:35 p.m.
Jennifer Alderete, Acting City Clerk
City Council Minutes
October 19, 2022 - Special Meeting Page 3 of 3