HomeMy WebLinkAboutCC RESO 2010-194RESOLUTION NO. 2010 — 194
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE CITY COUNCIL'S RESPONSE TO THE 2009/2010
GRAND JURY REPORT ON MEDICAL MARIJUANA, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID REPORT
WHEREAS, the San Diego County Grand Jury issued a report entitled "Medical
Marijuana in San Diego", which focused on the County of San Diego and the City of San Diego,
but requested the City Councils of the other cities in the County, including National City, to
respond to certain findings and recommendations made by the Grand Jury; and
WHEREAS, specifically, the Grand Jury made two findings that reference
National City, and requested responses to three recommendations; and
WHEREAS, the City Council's response to the Grand Jury Report is attached as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the City Council's response to the Grand Jury Report.
BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby
authorized to execute the City Council's response to the Grand Jury Report.
PASSED and ADOPTED this 17th day of August, 2010.
on Morrison, Mayor
ATTEST:
Michel
R. Della, City Clerk
AP' ' OVED AS TO FORM:
laudia G.
City Attorney
R NJ
Nst
Metiivisoluer
August 17, 2010
The Honorable Kevin A. Enright
Presiding Judge, Superior Court
County of San Diego
Hall of Justice
330 West Broadway, Suite 477
San Diego, CA 92101-3830
RE: Response to 2009/2010 Grand Jury Report:
"Medical Marijuana in San Diego"
Dear Judge Enright:
EXHIBIT "A"
The City of National City is in receipt of the San Diego County Grand Jury report entitled,
"Medical Marijuana in San Diego" dated May 28, 2010. In accordance with California Penal
Code Section 933(c), the City of National City is responding to the findings and
recommendations made by the Grand Jury Report which reference the City of National City:
Finding #05: Adopting a cost neutral zoning and land use ordinances is an effective method for
the licensing, regulation and periodic inspection of cooperatives and collectives distributing
medical marijuana in the unincorporated areas and eighteen cities of San Diego County.
Response: The City of National City disagrees with this finding. There is insufficient
information to find that cost neutral zoning and land use ordinances would be effective
with respect to medicinal marijuana distribution, given the adverse secondary effects of
medicinal marijuana dispensaries. The alleged effectiveness is questionable in light of the
overall impact to the health, safety and welfare of the community.
Finding #10: The current moratorium on the opening of cooperatives and collectives distributing
medical marijuana in the unincorporated areas of San Diego County and the cities of Chula
Vista, Imperial Beach, National City, Oceanside and Santee deprives some qualified medical
marijuana patients of access to marijuana in their communities.
Response: Respondent disagrees with this finding. The City of National City is
immediately adjacent to the City of San Diego to the east and north. The Grand Jury
Report references more than 100 dispensaries exist within the City of San Diego. Thus,
qualified patients can access dispensaries in relative proximity.
Mayor Ron Morrison
1243 National City Boulevard, National City, CA 91950-4301
619/336-4233 Fax 619/336-4239 www.nationalcityca.gov
Page Two
The Honorable Kevin A. Enright
August 17, 2010
Recommendation 10-120: Enact an ordinance to establish a cost neutral program for the
licensing, regulation and monitoring of medical marijuana collectives and cooperatives, and
establish a limit on the number of such facilities.
Response: This recommendation will not be implemented because it is not warranted
or is not reasonable at this time. Currently, the City of National City has adopted a
moratorium banning dispensaries. The moratorium articulated the reasons for prohibiting
dispensaries for an additional year. The reasoning stated in the moratorium still applies.
Moreover, as this Grand Jury Report references, there is a pending appellate court
decision in the matter of Qualified Patients Association v. City of Anaheim, in which the
issue of dispensary bans is central. In addition, California Proposition 19, the Marijuana
Legalization Initiative is on the November ballot. The discussion of whether to enact such
an ordinance may be appropriate after the court case is decided and the ballot initiative is
voted upon.
Recommendation 10-121: Adopt regulations which would allow for the closure of all
unlicensed "dispensaries."
Response: This recommendation has already been implemented based on the current
land use code which provides that only permitted uses can exist and violations of the land
use code can be pursued by both civil and criminal enforcement.
Recommendation 10-122: Upon the enactment of such an ordinance, rescind the current
moratorium on the opening of medical marijuana collectives and cooperatives.
Response: This recommendation requires further analysis. Dependent upon the
outcome of the pending case and pending ballot initiative, the City of National City may
need to take additional action. It is speculative at this time, however, to determine what
that action may be.
Very truly yours,
Ron Morrison
Mayor
cc: City Councilmembers
Chris Zapata, City Manager
Leslie Deese, Assistant City Manager
Claudia Silva, City Attorney
Adolfo Gonzales, Police Chief
Passed and adopted by the Council of the City of National City, California, on August
17, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
/I
City Cle k of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-194 of the City of National City, California, passed and
adopted by the Council of said City on August 17, 2010.
City Clerk of the City of National City, California
By:
Deputy