Cannabis Standing Committee

AGENDA SPECIAL MEETING ANTIOCH CITY COUNCIL CANNABIS STANDING COMMITTEE COUNCIL MEMBERS WILSON AND THORPE FRIDAY, SEPTEMBER 4, 2020 2:00 P.M. Special Meeting September 4, 2020 2:00 P.M. Meeting Conducted Remotely The City of Antioch, in response to the Executive Order of the Governor and the Order of the Health Officer of Contra Costa County concerning the Novel Coronavirus Disease (COVID-19), held the Cannabis Standing Committee meeting live stream (at www.antiochca.gov/csc/meeting/). The Cannabis Standing Committee meeting was conducted utilizing Zoom Audio/Video Technology. 1. ROLL CALL City Attorney Smith called the meeting to order at 2:06 P.M. Present: Council/Committee Member Wilson, Council/Committee Member Thorpe Staff: City Attorney, Thomas Lloyd Smith Outside Legal Counsel, Ruthann Ziegler Legal Secretary, Rakia Grant-Smith Planning Manager, Alexis Morris Youth Services Network Manager, Tasha Johnson Economic Development Director, Kwame Reed Minutes Clerk, Kitty Eiden 2. INTRODUCTIONS City Attorney Smith gave introductory comments and discussed parliamentary procedures. 3. PUBLIC COMMENT ON UNAGENDIZED ITEMS - None 4. ONE PLANT OPERATING AGREEMENT AND SOCIAL EQUITY PROGRAM A. Public Comment B. Discussion of One Plant’s Operating Agreement Including Its Social Equity Program Chris Hester representing Three Habitat Consulting DBA “One Plant”, introduced Matthew to explain their sSocial eEquity pProgram. Matthew Emory representing One Plant, stated their goal was to create a program that was meaningful and impactful. He yielded his time to Youth Services Network Manager Johnson to CANNABIS COMMITTEE Special Meeting September 3, 2020 Page 2 of 5 discuss programs they were willing to support and made himself available for questions. He noted they had sound strategies to deploy dollars to address vulnerable youth in the Antioch market and he requested support of their plan so they could advance and begin the next steps to open their business. Legal Counsel Ziegler explained that the staff report (“Attachment A”) outlined One Plant’s Ssocial Eequity Pprogram monetary contribution. In addition, Youth Services Network Manager Johnson had provided a detailed description of a program which was forwarded to the Committee. Mr. Emory explained their Ssocial Eequity program monetary contributions and stated that he had worked with Youth Services Network Manager Johnson on program details so they would not be as ambiguous as the other approved programs. In response to Council/Committee Member Thorpe, Mr. Emory explained stated that they had provided more details than the Alluvium program language. He commented that previously approved programs were general in nature. Council/Committee Member Thorpe countered that Council had approved the other programs because they were satisfied with their program. He noted some of the programs were in relationship with an existing non-profit organization. Mr. Emory read the approved language for the Alluvium program and noted that they were not required to provide the specific direction of their spend. City Attorney Smith reported the Contra Costa Farms, Delta Dispensary and Alluvium social equity programs had agreed to partnered with nonprofits for outcomes and goals. Legal Counsel Ziegler commented that she had provided One Plant with copies of all social equity programs. Mr. Emory stated they were trying to develop a comprehensive program that was meaningful and partner with the City in working with Youth Services Network Manager Johnson. Council/Committee Member Thorpe reiterated that the City Council did not believe other programs were ambiguous. Chris Hester responded that they had believed they had met the threshold that was applied to other programs. Mr. Emory stated their goal was to be sure that dollars were committed to a program for the mental and physical wellness of vulnerable youth. He noted they had identified the following programs to receive funds from the revenue percentages that had been outlined: Financial Access at Birth, Jr. Achievement, Everfi, Feet First and One Day at a Time. He reported the money would be distributed quarterly and be auditable. He reiterated that the goal was to have a meaningful and impactful program. CANNABIS COMMITTEE Special Meeting September 3, 2020 Page 3 of 5 Youth Services Network Manager Johnson reported that initially she worked with Mr. Emory on an internal approach with a City run program; however, One Plant wanted to see more impact, so it was her recommendation for them to align with existing organizations. She stated she would defer to Mr. Emory on which organizations they would want to work with and how to proceed. She offered to facilitate compliance. Mr. Emory stated their expectation was to work in conjunction with the City to make sure capital deployments were going to these organizations as well as other expanded opportunities. He noted their goal was to donate hundreds of thousands of dollars to these programs. He commented that they were open to transparency on how the money would be deployed and audited. In response to Council/Committee Member Wilson, Youth Services Network Manager Johnson stated she was facilitating the introductions with the non-profits and it was the responsibility of One Plant to establish relationships. Council/Committee Members Thorpe and Wilson cautioned One Plant to narrow down the options to maximize the impact. Legal Counsel Ziegler explained that the language in committee packets may need to be modified to implement what was being discussed. City Attorney Smith added that the objective was for One Plant to select their partner prior to this item going to Council. He reported that when Contra Costa Farms presented their program to Council, they were able to talk directly to the Executive Director of the organization chosen. Matthew Emory stated they were committed to funding a program under the parameters of their social equity program and identifying the recipient of those funds would be the next step. He stated they were looking for approval of the mechanics for the donation. Council/Committee Member Thorpe responded that the mechanics were acceptable and suggested Mr. Emory to narrow down the recipients to one organization. He noted the oOperating aAgreement would create the partnership with the City and One Plant. He further noted One Plant should seek a partner to provide a benefit to the community in exchange for the City allowing them to operate in Antioch. He added that Youth Services Network Manager Johnson’s role was to be a resource. He explained that the City’s role was to ensure One Plant was in compliance with the oOperating aAgreement. Mr. Emory explained that the programs he was working on with Youth Services Network Manager Johnson were City driven programs. Youth Services Network Manager Johnson clarified that after her discussion with One Plant she understood that a partnership with a city run program was not the best route and One Plant should explore aligning with some non-profit organizations that had a presence in Antioch. She stated early this afternoon, she sent them a few suggestions to explore. She offered to assist in CANNABIS COMMITTEE Special Meeting September 3, 2020 Page 4 of 5 making connections and create meetings to support them. She noted that a once decision was made, she could make sure the organizations were in compliance. Chris Hester suggested in parallel with other dispensaries, they could support one organization to learn what the threshold of the donations would be over the next year. He noted they could reevaluate after a year to determine if there was capacity for a new program or if they wanted to continue to donate to that organization or create a new program. Council/Committee Member Thorpe apologized to Mr. Emory noting that Council’s previous direction was to partner with the City. Mr. Emory reiterated that they were committed to funding. He stated they could support an existing organization and the future discuss support for a secondary organization. Council/Committee Members Thorpe and Wilson encouraged Mr. Emory to choose an organization and once they did so they could complete the social equity program with that information. Legal Counsel Ziegler added that the organization chosen should be referenced in the Operating Agreement with the ability to change the organization with the City’s approval. She recommended One Plant make their choice consistent with Council direction and coordinate with Youth Services Network Manager Johnson. She stated she would need the information so Council would have a completed Operating Agreement for review and consideration. City Attorney Smith stated he would need the draft Operating Agreement by September 14, 2020 for the September 22, 2020 City Council meeting. He encouraged One Plant to initiate contact with the candidates as soon as possible and then provide the information to Ruthann and himself to get the item placed on the City Council agenda. Ruthann added if the applicant wanted to move forward for the September 22, 2020 agenda, she would like the receive the information by September 10, 2020. Mr. Emory thanked the Committee for their time and direction. 5. CANNABIS ORDINANCE AMENDEMNT REQUIRING AN OPERATION AGREEMENT INSTEAD OF A DEVELOPMENT AGREEMENT A. Public Comment - None B. Discussion of Cannabis Ordinance Amendment and provide direction to staff City Attorney Smith and Legal Counsel Ziegler presented the staff report dated September 4, 2020 which included the proposed changes to the Antioch Municipal Code for consideration by the Cannabis Standing Committee. They explained that a key amendment changed the municipal code to refer to an operating agreement versus a development agreement to an operating agreement and would apply to current business applications. They noted that that change included a catchall provision that says anything else that is good public health, welfare, CANNABIS COMMITTEE Special Meeting September 3, 2020 Page 5 of 5 and safety. Additionally, a definition of commercial cannabis use and a statement that if the business did not have a Conditional Use Permit CUP and Ooperating Aagreement they could not operate in the City, were added. She explained that the amendments were consistent with past direction of the City Council. Planning Manager Morris stated that there were definitions of cannabis businesses in the general definition section of the Zzoning Oordinance so staff may want the redline to include a strike out of those, if definition were moved into the cCannabis oOrdinance. Director of Economic Development Reed spoke in support of the proposed amendments. 6. NOMINATION AND ELECTION OF CHAIRPERSON FOR THE CANNABIS STANDING COMMITTEE A. Public Comment - None B. Nomination and Election of a Chairperson Council/Committee Member Thorpe nominated Council/Committee Member Wilson as Chair. On motion by Council/Committee Member Thorpe, seconded by Council/Committee Member Wilson the Council/Committee unanimously appointed Council/Committee Member Wilson to serve as Chair of the Cannabis Standing Committee. 7. MOTION TO ADJOURN On motion by Council/Committee Member Wilson, seconded by Council/Committee Member Thorpe the Committee adjourned the meeting a 3:01 P.M. Respectfully submitted: Kitty Eiden KITTY EIDEN, Minutes Clerk