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2022-03-15 CC Agenda - Public Communications - Misc - Cannabis2022-03-15 CC AGENDA PUBLIC COMMUNICATION - MISC - CANNABIS Harada, Patricia From: Weaver, Tracy (City Clerk) Sent: Thursday, March 3, 2022 10:33 AM To: *ALL CITY CLERKS Subject: FW: Proposal For Cannabis Dispensary Council received the email below. Thank you, Tracy Weaver I City Clerk City of El Segundo 350 Main Street El Segundo CA 90245 310.524.2305 1 tweaver@elegundo.org I www.elsegundo.org -----Original Message ----- From: Nicol Real Estate <kim@nicolrealestate.com> Sent: Thursday, March 3, 2022 10:11 AM To: ALL ELECTED OFFICIALS <ALLELECTEDOFFICIALS@elsegundo.org>; Gilberts, Joshua (Officer) <jgilberts@elsegundo.org>; Martinez, Stephanie (Officer) <samartinez@elsegundo.org> Subject: Proposal For Cannabis Dispensary Dear Council & Elected Officials, don't think I need to make formal introductions, but for record, my name is Kimberley Nicol and I am a resident of El Segundo. I am writing to address the proposal of a Cannabis Dispensary in our community. Prior to the pandemic, I was a volunteer at El Segundo Middle School for S years, followed by 2 years of being on campus as a teachers aid. I also lead the IMPACT after school programs in which we would discuss everything from study habits, to substance abuse, to bullying, to body image and self-esteem. I care deeply for the kids in our community, which is why I'm writing this letter. I did not walk a buttoned up path to where I am today. I abused every substance under the sun, and speak first hand to these messy experiences when advocating for children, and for our schools. I promise you this, a local Cannabis dispensary WILL increase the use, and abuse of drugs among under age kids in our community. If you build it, they will come. They will go with fake ID's, they will go with their older siblings who can legally buy it, or they will just pay someone of age a little extra to go get it for them. Bottom line is, having a dispensary minutes from their homes, just makes it that much easier for these kids to get their hands on it. After two years of increased desperation, suicide, social isolation, and anxiety among kids post the pandemic, I'm trying to understand how anyone could think this is a good idea. Before making any decisions on this matter, I would encourage every council member on the Dias to sit down with both our current campus resource officers and the previous ones to hear what they have to say about this, and the impact a local dispensary could have on the increased presence of substances in our schools. Best, Kimberley Nicol Nicol Real Estate Group 310-977-4885 https://Iinkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.nicoirealestate.com&c=E,l,ePcINii7uYW_S6KFAwKgXYQd VVRduRE6UX3UzVVgCCeghgmS2KLEN27Ra7w7R2w_2QG41VEZVIgFwPR1AA5YTKVxtizChgi7XmKgg8VwQaHwdDOQZSzL 6z5e2A„&typo=l kim@nicolrealestate.com Harada, Patricia From: Weaver, Tracy (City Clerk) Sent: Tuesday, March 15, 2022 1:54 PM To: *ALL CITY CLERKS Cc: Hensley, Mark; George, Darrell; Allen, Michael; 'Joaquin Vazquez' Subject: FW: Cannabis Issue Council received email below. Thank you, Tracy Weaver I City Clerk City of El Segundo 350 Main Street El Segundo CA 90245 310.524.2305 1 tweaver@elegundo.org I www.elsegundo.org EL,EGUNDO Where big ideius take off. From: Dana Cisneros <dana@cisnerosfirm.com> Sent: Tuesday, March 15, 2022 1:52 PM To: ALL ELECTED OFFICIALS <ALLELECTEDOFFICIALS@elsegundo.org> Subject: Cannabis Issue Dear Hon. Mayor and City Council of El Segundo, Many of us in the cannabis industry have been watching with great interest as the South Bay Cities respond to the ballot initiatives proposed by Elliot Lewis and Damian Martin through individuals residing in your city. At the March 1, 2022 City Council meeting, you voted to continue the discussion to March 15, 2022, but I do not see the matter on the agenda. I implore you to take control of the matter by adopting your own Ordinance that takes into account the concerns of your community. In 2020, 1 assisted the City of Fullerton in exploring the cannabis question with their residents. Ultimately, that Council determined to not proceed with the issue, but they made significant efforts to engage with the community. One of you pointed out that this was not a hot issue when you were elected and therefore the decision should go to the voters. While I appreciate the sentiment, I strongly recommend you provide yourselves with enough leeway to make changes if you need to and protect yourselves with the legislative privilege in so doing. Sending an ordinance of this nature to the voters will only serve to tie your hands in the future. On March 1, 2022 there was some discussion of the litigious nature of the cannabis industry. This is partially true. For the most part, applicants like their wounds and do their best to improve their application presentations. This only happens in a merit based process, by the way. If you stick to strictly land use controls without hard limits on the number of licenses, you will likely avoid litigation. It is also worth noting that the proponents of the ballot measure are the ones that routinely threaten and sue the city and state; to date, I am not aware of them being successful in any such litigation, albeit most are pending. So, the truth is, the cannabis industry is not litigious, the business pushing for this ballot initiative is litigious. This is also likely why they left the possibility of an additional license being awarded by a Court — so if they lose in the merit based process you or they design, they can sue for a license. It is unfortunate that your experience with the cannabis industry is by force. I would welcome any of you to contact me to schedule appointments to view the licensed operations my clients engage in to get a better feel for what operators with even just one store can do and how they present to the community. I would also like to extend the offer to work together on a public education campaign. I work with NORML, am on the California Legal Committee for NORML and am active in our local chapter here in OC. One of the issues you are going to hear repeatedly is that we need to keep our children safe. As a parent of a very curious 6 year old boy, I can promise you that youth prevention is paramount to ensuring a successful industry — and the best way to keep cannabis out of the hands of our kids is to regulate it. Last year, the IIHH released a study, whereby in California, "Young -looking patrons without identification were denied entry at every marijuana retailer they visited for the experiment. The Insurance Institute for Highway Safety partnered with researchers from NORC at the University of Chicago and the University of Minnesota to conduct the study, which also included a survey of law enforcement. 'Licensed marijuana retailers are clearly keen to follow the rules. They're aware that the industry hasn't won everybody over yet, and they don't want to get shut down,' says INS Senior Research Scientist Angela Eichelberger, one of the authors of the paper. 'It also probably helps that similar laws have been around a long time for alcohol, so ID checks are an established routine."' The truth is, we are all new to this. Regulation of the adult use/for profit market has only been around for a little over 4 years, and the first year was anything but what we expected. I can tell you, having applied in numerous cities throughout California, that most cities do not get this exactly right the first time. Later in the process, they realize, for example, that the care far more about local enterprise and job opportunities than the relative prior success of an outside large cannabis company. In San Bernardino, for example, where I represent one of the successful applicants standing shoulder to shoulder with the City in defense of its program, one of the major issues was that the Council was unable to make any changes to the license caps until a year after the first process concluded. Having the ability to modify the process when obvious problems occur is part of the function of local government. Leaving that matter to the voters will tie your hands, and likely end up costing the City money in the long run. If you look at the operators now in San Bernardino, you will see they are the same as you see in most any City with a merit -based process. By far, those now listed on the City website did not apply for retail operations, but rather engaged in post -award transactions to take control of those winning permits. I make no comment on whether this is good or bad, but rather to highlight the reality — no matter what you do, you will end up with strong operators in your City. Here is the link to those currently operating in the City; you need to click commercial cannabis from the tab with the list icon to reveal the cannabis companies in the City. Low license caps breed allegations of corruption, regardless of the circumstances. There are sore losers and people crying foul at every step. While I respect your desire to vet these businesses and their operators beyond standard background checks, I strongly recommend you consider a land -use based process rather than a merit based process to insulate the City from litigation by keeping your decisions as objective as possible. This also provides the small businesses and individuals in your community the opportunity to participate in the commercial cannabis industry, something Prop 64 was supposed to ensure. Please keep me updated on the progress of your discussions and program. If I can be of any assistance, please do not hesitate to contact me or have your staff reach out. ***please note new address below*** Sincerely, Dana Leigh Cisneros, Esq. The Cisneros Firm 505 S. Villa Real Drive, Suite 100 Anaheim Hills, CA 92807 Phone: (714) 660-9045 Cell: (949) 500-3240 eFax: (949) 258-9332 dana@cisnerosfirm.com www.cisnerosfirm.com WARNING/CONFIDENTIALITY NOTICE: This e-mail and any attachments are intended solely for the use of the individual or entity to whom it is addressed. It may contain information that is privileged, confidential and exempt, or protected from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any review, use, disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies and attachments. The Cisneros Firm is a green company and uses every effort to engage and encourage paperless practices. 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