Pubdate: Thu, 21 Jan 2016
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2016 Appeal-Democrat
Contact: 
https://appeal-democrat-dot-com.bloxcms-ny1.com/site/forms/online_services/letter/
Website: http://www.appeal-democrat.com
Details: http://www.mapinc.org/media/1343
Author: Eric Vodden

MARYSVILLE OKS MEDICAL POT DISPENSARIES

City Council Also Bans Outdoor Cultivation

The City Council approved regulations banning outdoor cannabis 
cultivation in Marysville and allowing medical marijuana dispensaries 
within the city limits.

Council members voted 3-2 in separate votes Tuesday night to approve 
the new ordinances, mirroring the vote taken last month when the 
council approved first readings of the laws.

Mayor Ricky Samayoa was joined by council members Chris Pedigo and 
Bill Simmons in voting for approval. Dale Whitmore and Jim Kitchen 
repeated their earlier opposition.

More than 45 people attended the public hearing. There were rounds of 
applause for speakers both for and against the ordinances, but none 
of the unruliness of last week's marijuana-related hearing before 
Yuba County supervisors.

Both ordinances will take effect in 30 days.

The cultivation ordinance bans outdoor grows and allows indoor grows 
when connected to a dispensary. No more than two dispensaries will be 
allowed in the city.

For the cultivation ordinance, Samayoa differentiated between the use 
of marijuana for medical purposes and recreation. He said he believes 
recreational marijuana has a negative effect on youth and law enforcement.

"There is a need for local people to grow medical marijuana," Samayoa 
said. "But, unfortunately, there are people who take advantage of that."

It was also noted that a state-imposed March 1 deadline for cities 
not having cultivation ordinances to adopt new rules would be delayed 
under pending legislation. That prompted some speakers to suggest 
continuing the matter.

But Samayoa said the city couldn't risk the possibility of the state 
overseeing the matter if the legislation doesn't pass.

"I don't want to put us in a position where we lose local control," 
Samayoa said.

Some speakers also wanted to delay the dispensary ordinance for 
further review, including a provision that a lottery system will be 
used if there are applications for more than two dispensaries.

Marysville attorney Charnell James, who is presenting Yuba Patients 
Coalition in a suit over Yuba County's cultivation ordinance, said 
such a lottery could open the process "more to large, outside operators."

"It (lottery) will create an opportunity where the city will have an 
opportunity to get $200,000 or $400,000, but money will leave the 
area," James said. "I would like to see you try to find a solution 
that doesn't include outside big operations."

Eight people spoke in favor of dispensaries and seven people opposed 
the ordinance.

Mickey Martin of the Oakland-based Safe Patients Access to Regulated 
Cannabis, said "patients need the right to cultivate a few plants." 
Martin's organization is a sponsor of a June ballot initiative to 
allow dispensaries in unincorporated Yuba County.

"I think there are aspects of your ordinance that are illegal and 
will be challenged in court," Martin said. "It's noble in its effort, 
but lacks teeth."

Jonathan Ridley of Marysville, supporting dispensaries, told the 
council "it's time for the city to get a chip in the game."

"I don't understand why we are in 1950s lockstep rather than in 
2016," he said. "I don't understand why you don't want to go down 
this road. You need to bring business to this community."

Carla Lowe of Sacramento, representing Citizens Against Legalizing 
Marijuana, urged the council to oppose the dispensary ordinance.

"Medical marijuana is a joke," Lowe told the council. "It's never 
been about medicine. It's everything about drug dealing."

Buck Weckman of Brownsville, representing Families Against Cannabis 
Trafficking, referred to the unruly crowd at last week's supervisors meeting.

"There is no doubt about it. The marijuana community brings along 
unruly, unsavory characters," Weckman told the council.

[sidebar]

2 medical pot dispensaries will be allowed

Two medical marijuana dispensaries will be allowed within the 
Marysville city limits as long as they are:

- - Not within 1,000 feet away of schools or licensed child care facilities.

- - Not within 500 feet of any residential use or zone

- - Not within 500 feet of any neighborhood park, library or 
recreational area used by children

- - Not within 250 feet away of any adult business which provides drug 
paraphernalia.

Within the city's designated Medical Arts District, as outlined in 
the city's Bounce Back economic development plan, dispensaries must be:

- - Not within 400 feet of schools or licensed day cares (will have to 
be amended to comply with a state-required 600 feet) (Covillaud 
School is not considered in the Medical Arts District).

- - Not within 250 feet of any residential use or zone

- - Not within 400 feet of any neighborhood park, library or recreation area.

- - Not within 250 feet of an adult business which provides drug paraphernalia

- - Not within 400 feet of another medical marijuana dispensary.

- - Dispensaries would also need a license, and would have to be 
reviewed by the planning commission and City Council. The ordinance 
also contains requirements for security, lighting, record-keeping and 
providing funds for a full-time police officer.

Did email violate Brown Act?

A lawyer for a newspaper trade organization said this week she 
believes an email sent by Marysville City Manager Walter Munchheimer 
to City Council members was a violation of the Brown Act open meeting law.

The email sent by Munchheimer last month relates to the development 
of a proposed ordinance setting up criteria for cannabis dispensaries 
in the city. The email was obtained by the anti-marijuana group 
Families Against Marijuana Trafficking, which alleged it showed the 
city was manipulating the process to favor locating a dispensary at 
the old Cargill plant on B Street.

The Appeal-Democrat forwarded a copy of the email for review by legal 
counsel for the California Newspaper Publishers Association. Counsel 
Nikki Moore said it became a violation of the Brown Act when 
Munchheimer sent the email to all members of the council.

"It looks like an unlawful serial meeting occurred here," Moore said 
in a statement. "The city manager relayed information on the 
positions of a majority of the members of the council. That's prohibited."

City Attorney Nicole Delerio said she did not agree with the 
assessment. She said she didn't see the email before it was sent, but 
also said that such correspondence isn't something she would routinely review.

"I didn't see any Brown Act violation in there," Delerio said. "It 
appeared to be just an email letting the council know what staff had done."

Munchheimer said Wednesday he would defer to Delerio on what is a 
legal interpretation.

The email to all five council members "notes that a majority of you 
(expressed) to me your willingness to consider relaxing restrictions" 
for dispensaries. It notes that initial plans for an amendment to the 
city's existing ordinance changed after a staff meeting with Cargill 
plant owners and a determination a majority of council members 
favored the change.

Moore said that portion of the email was not a violation of the Brown Act.

"This type of hub and spoke communication is OK so long as the city 
manager doesn't share the information he learns with the other 
members," Moore said in the statement. "When he emailed them all, he 
violated the Brown Act."

The council on Tuesday night approved the dispensary ordinance. The 
email did not come up during the council discussion nor during the 
public hearing on the ordinance. - Eric Vodden
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MAP posted-by: Jay Bergstrom