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MINUTES Page 5 City of San Leandro City Council and San Leandro Redevelopment Agency Joint Meeting — November 15, 2010 Councilmember Prola voiced opposition to 22 months and 15 days, commenting that 10 months and 15 days would provide sufficient time for staff to bring the matter back. Small- and medium -sized marijuana growers in the City are currently not taxed and regulated. He commented that marijuana grow facilities, if done in a safe manner, would be better for the City than the individual home growers. He further commented that Alameda County voters supported Proposition 19 even though it failed at the state level. • An Interim Urgency Ordinance of the City of San Leandro Making Findings and Extending a Temporary Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Relate to the Dispensing or Cultivation Facilities Pending the Review and Possible Amendment of Zoning Regulations Applicable to Medical Marijuana Dispensaries, Marijuana Cultivation Facilities, or Other Land Uses that Relate to Dispensing or Cultivating Medical Marijuana (extends the interim urgency ordinance to allow staff and the City Council time to insure the full array of issues and concerns regarding such uses are vetted amongst residents, relevant City boards and commissions, and the City Council). — Motion failed M /S /C Souza and Starosciak. Ayes: 4; Noes: 2 (Gregory and Prola); Absent: 1 (Santos) 15 votes required for passage] A motion was made by Councilmember Prola, seconded by Councilmember Gregory, to extend the moratorium by 10 months and 15 days. Councilmembers discussed the moratorium options. Councilmember Souza requested clarification from Detective Dan Fernandez if the large growth facilities would discourage the small growers. Mr. Fernandez commented that the large growers may not have much impact on the typical residential growers. Councilmember Prola suggested that the City Council vote for the 10 months and 15 days now. and that it could extend the moratorium for an additional year when the new City Council is in place if more time was needed. Councilmember Starosciak requested clarification on motion for reconsideration of the first motion if the current motion does not pass. City Attorney Williams clarified that reconsideration of the first motion would require a motion from one of the two Councilmembers who voted negatively on the first motion. Councilmember Stephens commented that he supported the lengthier extension but was willing to compromise for a shorter moratorium.