Council's 4-2 vote in favor not enough for cannabis dispensary
Oct 17, 2017 at 12:01 AM Oct 17, 2017 at 9:33 PM
Question: How do you lose when you receive three of five votes from the Planning Commission and four of six votes from the City Council?
Answer: You endure the same experience as Chris Hester of Sacramento, the prospective operator of a proposed medical cannabis dispensary on Stagecoach Road in southeast Stockton.
In August, Hester went before the Planning Commission seeking a use permit for his dispensary, a key step in Stockton's bureaucratic process.
He got three of five votes that night but was required to get at least four. Commission members Elizabeth Hull and Don Aguillard were absent.
So Hester appealed to the City Council on Tuesday night.
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City staff recommended upholding Hester's appeal, and the council vote was 4-2 in his favor, with Susan Lenz and Jesús Andrade voting no.
But city rules required Hester get five votes to successfully appeal the Planning Commission decision. And Mayor Michael Tubbs, the potential fifth vote, was absent Tuesday.
"It's unfortunate I didn't get a full turnout on either day," Hester said later in a brief phone interview. "I spent a lot of time creating an opportunity for the community to be a part of what a medical cannabis business can really be."
Hester said he already operates several dispensaries in Northern California and Las Vegas. He said his dispensaries' patient base comes from senior care facilities and he would have provided something special to Stockton.
"I was going to hold educational seminars (at the Stagecoach site) to educate people who have been under-served by the medical cannabis industry," Hester said.
City code limits Stockton to four dispensaries.
Explaining her no vote, Lenz said Tuesday: "I don't think we should have three out of four dispensaries south of Harding Way." Stagecoach would have been the third. Lenz added: "I think (Stagecoach) would be a better cultivation site."
Said Andrade: "I had strong concerns over the public's and patrons' safety. (Stagecoach) is an industrial area that was not developed for retail operations."
Daniel Lopez, Tubbs' spokesman, said the mayor was returning Tuesday night from a conference in New York, where he was "presenting on workforce development with the goal to bring more resources to Stockton." Tubbs is slated to hold a Stockton news conference early this afternoon on what his office says is a "major economic project."
Hester said he just wishes he could go before the council with all seven members attending.
"Give me another stab at it with the mayor present," Hester said.
Also Tuesday:
• The City Council voted 6-0 to support a new five-year term for the Miracle Mile Improvement District, disappointing several property owners unhappy with the organization's operations. The MMID's current term expires Dec. 31. Among the issues plaguing the MMID has been this summer's forced resignation of Director Mimi Nguyen, who is alleged to have embezzled $40,000 in organization funds. Nguyen recently repaid $40,000 to the MMID. Stockton police are continuing to investigate, Officer Joseph Silva, a department spokesman, said Tuesday.
Contact reporter Roger Phillips at (209) 546-8299 or rphillips@recordnet.com. Follow him at recordnet.com/rphillipsblog and on Twitter @rphillipsblog.