Minutes 2009/12/30
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City of Gilroy
City Council Meetina Minutes
Special Meetina
December 30. 2009
I. OPENING
A. Call to Order and Roll Call
Mayor Pinheiro called the meeting to order at 7:00 p.m.
Roll Call
Present: Council Member Peter Arellano, M.D.; Mayor Pro Tempore Dion Bracco;
Council Member Bob Dillon; Council Member Craig Gartman; Council Member Cat
Tucker; Council Member Perry Woodward; Mayor AI Pinheiro
Mayor Pinheiro announced that the meeting would be adjourned in the memory of Army
Staff Sergeant David Gutierrez who had been killed in the line of duty in Afghanistan.
II. NEW BUSINESS
A. Consider and Take Action to Cure and/or Correct Alleged Brown Act
Violations in Regard to Actions Taken by the City Council in Closed Session at
the City Council Meeting of November 16, 2009 Authorizing Enforcement
Against MediLeaf Medical Marijuana Operations at 1321-B First Street, as
Requested by MediLeaf in a Letter From G. Kurburovich Received by the
City on December 3, 2009, Pursuant to Government Code Sections
54960.1(c)(1) and (c)(2)
The staff report was presented by Acting City Attorney Faber.
Public comment was opened.
Eric Madigan spoke on behalf of the MedLeaf facility stating that the facility had served
many people and the city would be sued if it attempted to ban medical marijuana
dispensaries in the City. He spoke on the tax revenue projections for 2010 and asked
that the Council not attempt to ban the dispensary.
Marc Perkel asked about the Federal decision and the DEA having the authority to
make the decision on the legality of selling marijuana and then suggested the City write
the Justice Department for a ruling on the legality of medicinal marijuana dispensaries.
He then spoke on the process of approving businesses that were not approved
businesses. He then asked the Council to consider the Federal changes.
Acting City Attorney Faber spoke on the zoning code listing of approved businesses in
the City and explained the process for approving businesses at both the staff level and
the Planning Commission level.
Ron Kirkish explained that children were being impacted by medical marijuana as there
had been instances throughout the state of secondary sales of medical marijuana to
minors. He explained that he had been working with a group of parents from throughout
the City who were against the facility.
Luis Molina spoke on the changes in society and asked that the Council consider the
income from the sale of medicinal marijuana suggesting that more police staffing would
be necessary if medicinal marijuana was not legalized.
Greg Correnti spoke in opposition to allowing MediLeaf in the City of Gilroy stating that
the Brown Act procedural issue should be cured and the Council should continue to
pursue the litigation against MediLeaf. He explained that the organization was a co-op
and would not generate revenue and had no quality control or proper dosing of
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medication as the FDA was leaving the issue to local governments. He concluded by
asking that the Council continue to fight MediLeaf.
A gentleman spoke on the approval by voters in California to allow medicinal marijuana
stating that other drugs had a much larger impact on society. He spoke on the frame of
mind when addressing the issue and need to come to terms with current times.
Public comment was closed.
Motion on Item II.A.
Motion: to Ratify the Adoption of Resolution No. ~009-42, "A Resolution of the
City Council of the City of Gilroy Ordering the City Attorney to Take All Necessary
Actions to Enjoin Medical Marijuana Dispensary Activities By MediLeaf and Its
Affiliates at 1321-B First Street, APN: 790-43-017, or at any other Location within
the City of Gilroy", and Confirm the Initiation of Litigation Against MediLeaf and
its Affiliates and Landlord/Property Owner, Such Actions in Order to Cure and
Correct Alleged Brown Act violations at the City Council Meeting of November
16,2009
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 4-3.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Cat Tucker; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.; Council Member Craig
Gartman; Council Member Perry Woodward
B. Consideration of Further Actions to be Taken to Ban Medical Marijuana
Dispensaries in the City of Gilroy
The staff report was presented by Acting City Attorney Faber. He explained that if the
Council was interested in moving in the direction, an outright ban could strengthen the
City's position. He then explained that marijuana had not yet been legalized at the
Federal level and suggested other possibilities to modify the city zoning ordinance
"loopholes" that were suggested by MediLeaf.
Public comment was opened.
Marc Perkel suggested that the City ban all marijuana facilities in a temporary manner
until the legality was determined at the Federal level. He then suggested the Council
suspend activity on the lawsuit until the legality was determined and spoke on the
transporting of marijuana from other legal medicinal marijuana facilities.
Ron Kirkish spoke on the research he had pulled together on medicinal marijuana
speaking in support of such a ban.
Public comment was closed.
Motion on Item II.B.
Motion: to Direct Staff to Prepare an Ordinance Banning Medical Marijuana
Dispensaries in the City of Gilroy and plug the loopholes in the code in both an
urgency and regular ordinance
Moved by Council Member Bob Dillon, seconded by Mayor Pro Tempore Dion
Bracco.
Vote: Motion carried 6-1.
Yes: Mayor Pro Tempore Dion Bracco; Council Member Bob Dillon; Council
Member Craig Gartman; Council Member Cat Tucker; Council Member Perry
Woodward; Mayor AI Pinheiro
No: Council Member Peter Arellano, M.D.
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III. ADJOURNMENT at 8:54 p.m.in the memory of Army Staff Sergeant David Gutierrez.
SHAWNA FREEL
City Clerk