After 10 percent of registered voters signatures were gathered in IB, the Imperial Beach City Council may choose to approve the Safe Access Ordinance of Imperial Beach or support a competing ballot measure at their July 18 meeting.
The Safe Access Ordinance of Imperial Beach would regulate medical marijuana in IB and strike a dispensary ban council passed into law by city council last summer.
Once a 10 percent threshold is met, state election code requires the city adopt the ordinance or place the matter on a general election ballot.
Medical marijuana dispensary regulation is agenda item 6.3 and will be heard specifically at 8 p.m.
City council will weigh four options at their July 18 meeting.
1. Approve the ordinance
This would require a special meeting 10 days after the July 18 for final approval, and would require Coastal Commission approval.
2. Request a report
City Council may request a report which asks city staff to explore the ramifications of passing the ordinance. If the report is received at council's next meeting Aug. 1 then the ordinance can appear on the Nov. 6 ballot. If council instructs city staff to bring the report back at their next meeting Aug. 15, the ordinance will miss a county registrar of voters deadline and will have to wait until the next general election in 2014.
3. Propose a competing ballot initiative
Then the initiative that receives the most votes becomes law. This route is not likely since there may not be enough time, City Manager Gary Brown told IB Patch after the county registrar of voters verified collected signatures last month.
4. Put the initiative on the ballot
If a majority of Imperial Beach voters approve the ordinance it will become law. Putting the initiative on the November ballot will cost about $8,500-$9,000.
In portions of the agenda packet which discuss the legality of the initiative, the city states that by passing medical marijuana regulation, the city risks its employees being prosecuted by the federal government for providing business licenses to dispensaries.
The concern of employee prosecution "doesn't pass the smell test," said Thomas Jefferson School of Law professor Alex Kreit.
Kreit is also part of a Medical Marijuana Task Force who advise the San Diego City Council.
"Officials across California and in other states, like Colorado, have been issuing permits and licenses to medical marijuana collectives for years. The federal government has never prosecuted any state or local officials in connection with these laws," he said.
A public hearing will be held for people who disagree with increasing the speed limit on State Route 75 just east of Delaware Street to the western city limits from 40 to 45 mph.
The speed limit was changed as a result of a recently updated speed survey.
Caltrans representatives will be on-hand to answer questions during the public hearing. See the attached agenda packet for a full list of city staff objections to a speed increase.
After public comment is received city staff recommends the Imperial Beach City Council pass a resolution which opposes a speed limit increase.
Analysis by city staff concluded that a higher speed limit may produce a higher rate of crashes. Bikes traveling into the city from the Bayshore Bikeway and cars leaving motor homes may also be at risk of more car accidents. The increase is also incompatible with the city's goal to make the city more pedestrian friendly, staff said.
This is agenda item 5.1.
Also on the agenda is an order to demand the owner of the El Camino Motel on Highway 75 be demolished within 60 days of July 18. The hotel which was used in scenes for the former HBO show John from Cincinnati in 2007.
Since then the sheriff's department has responded to an average of more than 50 calls for service a year. Homeless people living in the bungalows has been repeatedly reported. People used to skate and ride bikes in the old pool but it was sealed with steel plates in 2009. A person attempted to commit suicide in the hotel's Little Vienna Lounge in April.
The city is also demanding the owner D&A Semi Annual Mortgage Fund pay fees and penalties of $9,500.
Demolition is estimated to cost $200,000 to $400,000.
This is agenda item 5.2.
Michael McGrane retired from his position as the city's Finance Director July 5. McGrane will continue to serve as an Interim Finance Director until a permanent replacement is found.
This is agenda item 2.6.
Beyond paying employees, the city spent $2.3 million from June 14 to July 6. To see the full list of city expenses, view the meeting agenda packet.
This is agenda item 2.2.
The city plans to spend about $13,500 for 4 terabytes of disc space in network storage space.
This is agenda item 2.3.
With agenda item 5.3, the city council will be asked to approve new signage for Romantix Adult Bookstore on Palm Avenue.
Agenda item 5.4 considers an increase in Imperial Beach Sports Park and Recreation Center user and rental fees. The city estimates that new fees will make the city about $20,000.
Allison Rolfe, project manager for Pacifica Companies, will give a quarterly update on the construction of the hotel to replace the Seacoast Inn.