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Your City Council Report

for September 27, 2011

By Katy (ADQ) Miessner

9/29/11

This was the shortest council meeting on record!

MEDICAL MARIJUANA DISPENSARIES

What I thought would be the big item – an update regarding regulation of medical marijuana dispensaries (MMD) and enforcement of existing city policies – barely got a nod from council and there was only one comment from the public.  During community forum, Rosemary Thurston, president of Fighting Back Partnership urged the Council to carefully consider the MMD initiative; Fighting Back has grave concerns about their growing numbers. But this was informational only, no vote needed. 

The City is working on a regulatory ordinance that ensures MMDs are in compliance with compassionate use act and the State Attorney General. The establishments will have to be non-profits and they will only be able to sell medical marijuana to those who hold bona-fide doctors orders.

In the meantime, on Tuesday night, the city was planning on sending letters by Wednesday, to owners/landlords, letting them know that they are at risk and subject to fines and forfeiture if they rent to an MMD. The city is also working with Economic Development to tighten up the issue of business license, and if the application is uncertain or unclear, they will refer the application to the Police Department, in hopes of keeping even more from coming to Vallejo.

City Manager Phil Batchelor noted that Vallejo now has more than 20 MMDs operating in Vallejo—and they are all operating illegally.  But the city has decided not to enact a moratorium on MMDs since the City's Zoning Ordinance already prohibits them, but in a passive way (no mention of MMDs, but the zoning ordinance prohibits their operation because MMDs are not mentioned as an authorized use) and so a temporary moratorium wouldn’t be useful.  Other cities have attempted moratoriums but they did not reduce the number of MMDs already operating and did not deter new ones from opening. 

Chief Nichelini is working with the Solano County District Attorney to make sure Vallejo understands what will make the County prosecute. 

Once the regulatory ordinance is drafted, the city will hold community workshops in order to create a “City Centric” regulatory structure: the City wants to get full and complete input from community members through stakeholder meetings.  The city then hopes to have a draft ordinance to Planning Commission on November 16, and to Council sometime in December.  The ordinance may allow for a limited number of MMDs.

Councilmember Sunga asked if the program would receive any publicity and Batchelor indicated he would send a press release indicating that letters to landlords/owners have been sent.

The City has had a successful outcome of their prosecution of the Stan the Man Collective, and its closure, and so they believe that enforcement against both operators and landlords is the primary deterrent to stop MMDs from operating illegally. Stan the Man will be responsible to pay a $50 a day fine for every day he was open illegally.

SPEAKING OF FINES

The most interesting item of the entire evening was Consent Calendar Item N, “Recovery of City’s Costs, Fees and for Other Remedies in Lawsuits.” It was quietly placed on the consent calendar, for its “first reading”.  It doesn’t happen often that a first reading of any change to Vallejo’s municipal code passes with no discussion. 

The Ordinance Vallejo Municipal Code will be amended by providing for the recovery of the City’s costs, fees, etc if the City enters into a lawsuit to enforce the City’s Municipal Code and then wins.

The City of Vallejo has been very reticent when it comes to lawsuits – they do not want to invest a lot of staff time (and money), since we are broke. But this item may change this: if passed, cost associated with prosecuting nuisance abatement actions (public nuisances, or, use of property contrary to the provisions of any of the ordinances of the city) will shift from the City to the party responsible for violating the City's Municipal Code.  So, if the City wins, the defendant pays the City’s legal fees.  Conversely, if the City loses, the City pays the defendants’ legal fees, but hopefully the City will be able to recognize a potentially winnable case before entering into legal action.   So maybe the City will now be able to take more action against Code Enforcement violators since the violators get to pay: Hurray!

TAXI DRIVER

The Taxi Ordinance that forces any new taxicab permit applicants to have a hearing before City Council to determine “public convenience and necessity” passed its second reading with Davis abstaining (he represents a local cab company) and Hannigan and Brown voting no. Mr. Batchelor got a chuckle when I mentioned to him that Vallejo should have a “public convenience and necessity” hearing for any new marijuana dispensaries.  

FLOTSAM & JETSAM

CONSENT CALENDAR

Wilson recused himself from payments of claims (i.e. the City’s monthly bills) because the humane society gets payments, and Batchelor recused himself from the entire consent calendar since one item had to do with his extension to February 1, 2012.

Item 7.D was taken off the calendar for discussion by Council member Schivley.  This was a vote to approve a tenant services agreement with Harbor Park Apartments (Formerly Sonoma Apartments) with the owner agreeing to provide tenant services and set a 60% market rate unit requirement for a term of 10 years.

There apparently was some confusion regarding the tenant services, and what was and was not promised or discussed when this item came before City Council back on June 28, 2011.  What I heard (and wrote) in June was that Harbor Park Apartments intended to provide: renovated apartments, landscaping, upgrades, carports, garages, 24/7 security services, quality of life improvements, outreach officer, child & parent program, partner with UC Berkeley with 15 middle-schoolers and 15 high-schoolers in a science program. (Out of 178 units that would be what % of all the kids?).  Schivley wanted these services to be listed explicitly in the tenant services agreement.  Council member Gomes asked why the agreement was only for ten years when the property covenants made this a 55-year affordable housing project and owner Robert Klein (yes the Robert Klein of Stem-cell Research fame attended this night, not his representative) explained that subsidies paying for these services were only funded for ten years, and after ten years, they would have to be re-secured. He can only promise ten years at a time.  ….So….that means the tenants are getting generous subsidies because the state – or – we taxpayers pay for them, not Mr. Klein.  It’s not surprising that he was able to fund the successful Proposition 71 with $3 million of “his multi-million dollar fortune developing low-income housing”. How is it that deeply subsidized low-income housing, that also pays barely any property taxes to the cities where they are located, can make someone a fortune?  Anyhow, it passed 6-1 with Schivley no.

The council also voted 7-0 to hold a meeting on October 25 to conduct interviews for those interested in serving on commissions with vacant seats. Gomes made a pitch for the youth commission.

FIRST COMMUNITY FORUM

Speakers TJ Walkup & Doug Darling requested that the City of Vallejo hire a Homeless Advocate/Social Worker to work with the homeless in Vallejo.  Currently there is no one to work with the homeless, and when the growing number of encampments present enforcement issues due to trash and unsanitary conditions, the only people available to speak to the occupants are Code Enforcement staff and the police. They are also concerned with the City’s administrative rule that will affect the homeless population in Vallejo.

Speaker Burky Worel complained that when he retired on disability, his health insurance from the city only covered his injury.

Speaker Rosemary Thurston, from the Vallejo Symphony Board announced their 80th season, with a concert on Saturday October 8th at the Empress!  They will have a guitarist as guest artist.  She said there was a recent candidates forum (Citizens For Vallejo) where candidates where asked what they like to do for a night out in Vallejo, and Thurston suggested they could have a night out for dinner and then enjoy the symphony! .  The symphony will also play at Touro on March 25, 2012.  For those who have never been, you should go.  There is a great PBS film called “Freeway Philharmonic” which features a lot of the Symphony performers.

Ruscal Cayangyang from the Vallejo Youth Commission asked the Council to visit the new and beautiful mural on the corner of Georgia & Marin.  And, they’ll be painting another one wither this week or next and if anyone wants to get involved, RSVP to 707-980-3450

Councilmember Schivley noted that the person who likes to sue local businesses over ADA violations is back and she asked if something could be done to protect the businesses.  Apparently, the person has been considered a “vexatious litigator” so the courts won’t allow his suits to be heard.

Councilmember Gomes noted there is a large number of streetlights only flashing red due to copper thefts and asked if anything could be done, and apparently a staff person has an idea to make the lights tamper proof – more on that at a later meeting.

Three pages!

FINI

Comments

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wharf rat   |October.01.2011 back in the 70's you could buy a small match box of weed for $ 5 this was mexican brown it could get you high but it is nothing like the hybrid plants grown up north or indoors for years UC grads have been developing these high potency plants some having 30 times the THC of the old mexican rag of the 70's thus it is a much harder drug now yes it is a drug however it does not produce the effects of other drugs such as crank and coke you get a " head trip " stare at something for a long time then devour lot's of snack food when taken alone violent behaveour is not a side effect befudelment confusion and cognitive decline are known effects the question is if weed replaces other hard street drugs will this have a calming effect on otherwise violent people the underground suppliers are being displaced by storefront one's it is suprising there have not been weed wars street dealers burning down the storefront one's where will this underground economy go to it is a no-brainer if it is a pharmacological substance it should be supplied by pharmacy's havent seen it in drugstores yet ..

Non-profits   |October.01.2011 "Furthermore, if the city requires that they operate as a non-profit, e.g., as a 501 (c), aren't they exempt from paying taxes?" A very common mistaken assumption is that non-profits don't have to pay sales tax. Federal non-profits are exempt from paying income taxes, but they do pay sales taxes. That is, the person that pays them for a marijuana purchase pays sales tax, and the non-profit in turn sends that sales tax to the state. http://boe.ca.gov/pdf/pub18.pdf page 6: Although many nonprofit and religious organizations are exempt from federal and state income tax, there is no similar broad exemption from California sales and use tax. Generally, nonprofit groups' sales are taxable, as are their purchases. In other words, nonprofit and religious organizations, in general, are treated just like other California sellers and buyers for sales and use tax purposes. (there are some special exemptions that do not apply to MMDs)

Vallejo Heights   |October.01.2011 But recreational use of marijuana isn't legal! And that is what is going on here. Why do you think these pot clubs are so profitable and so prolific? Or does Vallejo have such a disproportionately large number of chronically ill people for whom medicinal marijuana is the only remedy because all conventional medicines have proven to be ineffective?

Anonymous   |October.01.2011 Prostitution isn't legal in California. Medical marijuana is. State law, not city, requires that MMDs operate as non-profits. Doesn't mean the city can't require them to pay local taxes.

Vallejo Heights   |September.30.2011 City Manager Batchelor said there are over 20 MMDs operating in Vallejo. Yet only 17 property owners will receive letters from the city notifying them that that they are in violation of city zoning laws. Would it be possible to get a list of those property owners and a copy of the letter? And if there are 17 MMDs, why doesn't the city publish a list of the business licenses they are operating under. If they are operating without a licenses, didn't the city contract with an outside firm to scrutinize businesses to ensure they have current and valid business permits? Furthermore, if the city requires that they operate as a non-profit, e.g., as a 501 (c), aren't they exempt from paying taxes? I'm confused! If the argument is: MMDs are here and they aren't going away so why not tax them, couldn't you make the same argument for prostitution?

Jim Davis   |September.30.2011 Terrific reporting, ADQ. In relation to lawsuits, the effort that went into Stan the Man must have been substantial. Maybe the next one will be easier. I am surprised that the city had to pass an ordinance allowing the city attorney to ask for costs. That's SOP in lawsuits, ordinance or no. And the last one, the vexatious litigant, the courts can put an end to that by charging the litigant with costs and the city pursuring it to the hilt. I don't mean to say it's easy, but it shouldn't be a big problem. Judges are not fools. Love, Jim

Anonymous   |September.29.2011 Go for it, Salty: Canucks are allowed to organize events here!

Mr ?   |September.29.2011 I am still mystified as to what the problem with the dispensaries is, and I have never seen a list of specific concerns or complaints. That said, the Rand Corp has done a study of MMDs. Regulating Medical Marijuana Dispensaries An Overview with Preliminary Evidence of Their Impact on Crime http://www.rand.org/pubs/technical_reports/TR987 Crime Rises When Medical Marijuana Dispensaries Close http://www.rand.org/news/press/2011/09/21

Salty Dog   |September.29.2011 Wouldn't it be nice to have a Symphony event on the waterfront on Sunday evenings as the sun goes down. How about a brass band or marching band downtown on Saturdays. Maybe a Jazz band to reflect the war years and the Golden Age of Mare Island. Surely there are some enterprising and imaginative people here who can make that happen. Anything as a counter point to those bloody mobile boom boxes and what they represent (have'nt really figured that out yet).

Firebug   |September.29.2011 As usual ADQ great work!

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