HomeMy WebLinkAboutMinutes - City Council - 2009-10-26 - Special Meeting
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City Council, Special Meeting
Council Chambers
777 Cypress Avenue
Redding, California
October 26,2009, 6:30 p.m.
The meeting was called to order by Vice Mayor Jones with the following Council Members
present: Dickerson, McArthur, and Stegall. Mayor Bosetti was absent
Also present were City Manager Starman, Assistant City Manager Tippin, City Attorney I
Duvernay, and Deputy City Clerk Mize.
CONSENT CALENDAR
The following matters were considered inclusively under the Consent Calendar:
Ordinance - Approving the First Amendment to the Development Agreement (C-3972) with
J effMora relative to the development known as Avalon Park Subdivision (a.k.a. North View
Estates) (S-2-97)
[S-101-024]
It is the recommendation of the Development Services Director that Ordinance No. 2442 be
adopted, an ordinance of the City Council of the City of Redding, amending the
Development Agreement with Jeff Mora pertaining to the Avalon Park Subdivision (a.k.a.
North View Estates) S-2-97.
Ordinance - Adopting an Addendum to the Mitigated Negative Declaration and amending
Redding Municipal Code Title 18 (Zoning), Chapter 18.31, relating to cleanup and updating
of the zoning code, and authorizing the publication of a summary ordinance
[L-OI0-230/C-II0-I00]
It is the recommendation of the Development Services Director that Ordinance No. 2443 be
adopted, an ordinance of the City Council of the City of Redding, adopting an Addendum
to the Mitigated Negative Declaration and amending Redding Municipal Code Title 18
(Zoning), Chapter 18.31, by amending Schedule 18.31.030-C; Chapter 18.33.020 by
amending Schedule 18.33.020-A; Chapter 18.41 by amending Section 18.41.040; Chapter
18.42 by amending Schedule 18.42.040-A; Chapter 18.51 by amending Sections 18.51.020,
18.51.030, 18.51.080, and 18.51.130; Chapter 18.60 by amending Sections 18.60.040 and
18.61.010, all relating to updating/cleanup of the zoning code, and authorizing the
publication of a summary ordinance.
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Ordinance - Adopting an Addendum to the Mitigated Negative Declaration and amending
Redding Municipal Code Title 18 (Zoning) under Rezoning Application RZ 3-09, 2009
General Plan and Zoning Consistency "Cleanup"
[L-O 1 0-230/C-ll 0-1 00]
It is the recommendation of the Development Services Director that Ordinance No. 2444 be
adopted, an ordinance of the City Council of the City of Redding, adopting an Addendum
to the Mitigated Negative Declaration and amending l}edding Municipal Code Title 18
(Zoning) under Rezoning Application RZ 3-09, 2009 General Plan and Zoning Consistency
"Cleanup", amending the City of Redding Zoning Map and rezoning certain parcels to be
consistent with their General Plan classifications.
Ordinance - Amending Redding Municipal Code Title 2 (Administration and Personnel),
Chapter 2.04, Sections 2.04.020,2.04.120,2.04.150, and 2.04.170 to change the start time
for regular council meetings and to codify other rules related to addressing the City Council
[A-050-060/C-II0-I00]
It is the recommendation of the City Attorney that Ordinance No. 2447 be adopted, an
ordinance of the City Council of the City of Redding, amending Redding Municipal Code
Title 2 (Administration and Personnel), Chapter 2.04, Sections 2.04.020, 2.04.120, 2.04.150,
and 2.04.170 to change the start time for regular council meetings and to codify other rules
related to addressing the City Council.
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Council Member Dickerson advised he would vote no on this item to remain consistent with
his earlier vote.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - McArthur, Stegall, and Jones
Council Members - Dickerson
Council Members - None
Council Members - Bosetti
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A MOTION WAS MADE: by Council Member McArthur, seconded by Council Member
Stegall, that the foregoing items on the Consent Calendar be approved and adopted as
recommended with the exception of the item approved by separate vote as indicated above.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members - Dickerson, McArthur, Stegall, and Jones
Council Members - None
Council Members - None
Council Members - Bosetti
Ordinance No.s 2442, 2443, 2444, and 2447 are on file in the Office of the City Clerk.
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ORDINANCE - Amending Redding Municipal Code Title 6 (Business Taxes, Licenses and
Regulations) by adding Chapter 6.12 (Medical Marijuana Cooperatives and Collectives)
relating to permitting and regulation of medical marijuana cooperatives and collectives, and
authorizing the publication of a summary ordinance
[M -020/C-ll 0-1 00/L-070]
It is the recommendation of the Chief of Police that Ordinance No. 2445 be adopted, an
ordinance of the City Council of the City of Redding, amending Redding Municipal Code
Title 6 (Business Taxes, Licenses and Regulations) by adding Chapter 6.12 (Medical
Marijuana Cooperatives and Collectives) relating to permitting and regulation of medical
marijuana cooperatives and collectives, and authorizing the publication of a summary
ordinance.
City Manager Starman recalled that the above ordinance was offered for first reading on
October 20,2009, and is being presented for adoption tonight, and would become effective
in 30 days, if approved.
Tina Hitchcock, Redding business owner, supported the proposed ordinance citing numerous
problems with the medical marijuana business located near her business, including smells
coming into her business damaging merchandise and parents leaving children in cars
unattended.
Zachary Kamla, Redding resident, supports the ordinance, citing the following: (1) HIPP A
law allows review of records; (2) any task force should not include only cooperative
operators; (3) ordinance is necessary to stop the current rush to establish cooperatives; and
(4) cooperatives are mainly interested in making money.
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Hillary Criner, Natalie Fuellenbach, Debra Miller, Frank Augusta, Stephen Gasparas, and
Dan McLind, Redding residents and business owners, opposed the proposed ordinance citing
the following: (1) Shasta County Identification Card program already verifies patients
medical recommendation; (2) facilities should be allowed to sell clone plants; (3) places too
much power with the police chief; (4) cooperatives are not for profit but offer a service to the
public; (4) restricting cooperatives to free-standing buildings eliminates 90 percent of the
commercial property in . Redding and there are ventilation systems which would be
appropriate for businesses with common walls; (5) the police department should not be
allowed to verify the cooperatives' financial records; (6) favors a task-force which includes
cooperative personnel to discuss more acceptable regulations; (7) violates HIPP A rules; (8)
minors should not be prohibited; (9) proposed "cash on hand" is insufficient; and (10) only
small percentage of patients have care-givers.
Council Member Stegall voiced concern that the proposed regulations might be more
palatable and workable if a group of interested people from both sides of the issue worked
together to formulate the ordinance. Council Member McArthur concurred. Council
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Council Member Dickerson opposed forming a committee to study the ordinance.
Council Member Jones advised he would vote no on this item to remain consistent with his
earlier vote.
City Manager Starman suggested that the ordinance could be approved with a scheduled
review in three-to-six months.
City Attorney Duvernay noted that the proposed ordinance was designed to incorporate the
regulations presented in the California Attorney General's Guidelines (August, 2008).
A MOTION WAS MADE: by Council Member Stegall, seconded by Council Member
Dickerson that Ordinance No. 2445 be adopted, an ordinance of the City Council of the City
of Redding, amending Redding Municipal Code Title 6 (Business Taxes, Licenses and
Regulations) by adding Chapter 6.12 (Medical Marijuana Cooperatives and Collectives)
relating to permitting and regulation of medical marijuana cooperatives and collectives with
a review of the effectiveness of the ordinance in three months, and authorizing the
publication of a summary ordinance.
The Vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
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Council Members - Dickerson and Stegall
Council Members - Jones and McArthur
Council Members - None
Council Members - Bosetti
Motion failed due to a lack of a majority vote.
CLOSED SESSION
At the hour of8:50 p.m., Vice Mayor Jones announced that the City Council would adjourn
to closed session to discuss the following:
3A. Closed session pursuant to California Government Code Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property located at 900 Parkview Avenue (APN 102-490-013) and 855
Cypress Avenue (APN 102-490-012)
Agency Negotiator: City Manager Starman
Negotiating Parties: City of Redding and Administrative Office ofthe Courts
Under Negotiation: Price and Terms
(C-070-200)
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At the hour of 9:11 p.m., Vice Mayor Jones reconvened the meeting to open session and
advised that no reportable action was taken.
There being no further business, at the hour of 9) 1 p.m., Vice Mayor Jones declared the
meeting adjourned.
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ATTEST:
rvnM'\X~ c.. ~
Deputy City Clerk
10/26/2009