IB’s History

Back in 2009. . . 

  • 07/01/09  City refused patient-cooperative business license.
  • 07/09/09  Patient-cooperative filed an appeal to City Council acting as the Planning Commission.
  • 08/14/09  City released the agenda and staff report for the 08/19/09 council meeting.
    • Staff Report (3.1) from the city staff was to enact a 45-day moratorium:
      As a result of the appeal, the city staff requested for the council to enact a moratorium.  This agenda item was scheduled to be heard by the council prior to the Land Use Appeal in order to preempt and, “find that [the] appeal is moot”.
    • Staff Report (6.6) was issued by the city staff to decline the land use appeal:
      Misrepresentations and inconsistent facts in this city staff report were reported to the council members one day before the meeting, subsequently, the full staff report was not read into the record by the city staff during the meeting.   Unfortunately however, the inconsistent facts as well as the misrepresentations were brushed-aside and disregarded by the council members, as seen in the 08/19 land use appeal ‘highlights’ video below.
  • 08/18/09  Patient-cooperative sent this request to the City to;
    1. Withdraw Continuance
    2. Allow Council Members to Hear Appeal Prior to the Moratorium item
    3. Appeal of the Staff Report (6.6) Land Use Decision.
  • 08/19/09  City Council adopted a 45-day moratorium and denied the land use appeal. (minutes)
    • Mayor Janny denied cooperative’s request to hear the appeal before the moratorium.
    • Council approved the moratorium with a vote of 5-0. 
    • Council denied cooperative land use appeal with a vote of 5-0.
  • 09/18/09  City released the Agenda and Staff Report (3.1) for the 09/23/09 council meeting.
    • The city staff report provided two options to the council; (1) Do nothing, or (2) extend the moratorium.
      • Do nothing“, the staff report recommends; “Doing nothing is a legitimate option. The city has a zoning ordinance on the books. If a medical marijuana cooperative is specifically permitted in a particular zone, it may operate there. If not, it may not operate there.
      • Extend the moratorium; In the report, the city staff is unable to find a single reason to allow for collective/cooperatives to exists in the city, extending the moratorium would allow time to see if one of four pending legal issues would allow for a ban in the city. 
  • 09/23/09  City Council adopted a moratorium extension of 10-month & 15-day. (minutes)
    • According to the approved meeting minutes, the staff was not directed to work on ban for the city.  The minutes specifically instruct the staff; “to respect the State’s law governing medical marijuana dispensaries” as well as, “staff taking time to prepare a well-written ordinance that strikes a balance between accommodating those who need help and coordinating with law enforcement“. 
  • To date, the city staff in Imperial Beach have not presented any evidence of following the ratified minutes to “respect the State’s law”, or “prepare a well-written ordinance […] accommodating those who need help”.  
  • Imperial Beach city staff has solely worked on a ban to this point, despite clear guidance.
  • 10/06/09  Patient-cooperative sent this plea and this late rebuttal of the 09/23 Staff Report (3.1).
    • Recommended the I.B. City Council attend the San Diego Medical Marijuana Task Force meetings.
    • A late rebuttal was sent to the council to provided further evidence of the continued campaign to provide misleading facts and inconsistent findings in order to confuse and derail the process of providing safe access to local residents.
      • The 09/23 staff report provided the council with nearly two dozen one-sided and misleading paragraphs.  If perception is reality, then the staff report was specifically written to confuse and intimidate the council members.
      • Here are three examples;
        • City attorney calls on the federal government to “use the power it has to aggressively fight medical marijuana cooperatives or collectives”…. and goes on to praise the Bush administration for its successful efforts at circumventing the will of the California voters.
        • City attorney questions the credibility and legal resources of the California Attorney General by stating; “… it is difficult at this point to say whether the Attorney General got this right or not.” 
        • According to the staff report, and without regard for the Brown Act of 2003, the city attorney’s office offers advanced knowledge of future council meeting outcomes in the cities of Chula Vista, National City, Santee, Escondido, and Oceanside in his advise to the council, “[T]hese Cities have either extended their initial moratoria or are planning to do so in the near future“.

    We’re still updating this page… Please see this YouTube channel for videos of prior city meetings regarding medical marijuana.



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