|
Medical Marijuana Moratorium 3 September 6, 2011
<br /> DISCUSSION
<br /> Report Per California Government Code section 65858(d)
<br /> Government Code section 65858(d) requires a written report describing the measures taken to
<br /> alleviate the condition which led to the adoption of the ordinance. This Staff Report explains the
<br /> City's activities and measures taken for the period since November 15 2010, when the urgency
<br /> ordinance was extended by 10 months and 15 days to September 30, 2011.
<br /> City staff from the Police Department, City Attorney's Office and Community Development
<br /> Department reviewed material from other cities and counties in California with respect to their
<br /> laws regulating medical marijuana dispensaries and cultivation facilities, including, but not
<br /> limited to, Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore,
<br /> Newark, Oakland, Piedmont, Pleasanton, Union City, Sebastopol, Santa Cruz, Santa Barbara,
<br /> South San Francisco, Redding, Rocklin, Shasta Lake, San Diego, Alameda County, Modoc
<br /> County, and Tehama County. Staff also reviewed recent newspaper articles and other literature,
<br /> including the White Paper on Marijuana Dispensaries by the California Police Chiefs
<br /> Association's Task Force on Marijuana Dispensaries, Attorney General's Guidelines for the
<br /> Security and Aron- Diversion of Marijuana Grown for Medical Use (August 2008), American
<br /> Planning Association Planning Magazine (May /June 2010), HCED (Housing, Community and
<br /> Economic Development) Listsery regarding medical marijuana dispensaries and cultivation, as
<br /> well as information from the U.S. Attorney General's office and Alameda County District
<br /> Attorney's Office.
<br /> On November 8, 2010, the City Council held a work session to review legal issues related to
<br /> medical marijuana dispensaries and cultivation facilities, including the Qualified Patients
<br /> Association v. City of Anaheim (2010) case (Case No. G040077). At the February 28, 2011 City
<br /> Council work session, staff presented information to the City Council for review and
<br /> consideration. On February 28, 2011, the City Council directed staff to prepare an ordinance
<br /> prohibiting land uses related to Medical Marijuana Dispensaries and Cultivation Facilities. Staff
<br /> prepared the ordinance and attachments for the May 16, 2011 City Council meeting. At the May
<br /> 16, 2011 City Council meeting, the City Council expressed a desire to continue to gather
<br /> additional information from other municipalities regarding their Medical Marijuana ordinances
<br /> relative to cultivation facilities. The City Council noted that key information regarding
<br /> cultivation facilities was still in a state of flux.
<br /> Staff continues to research, and gather information related to the regulation of marijuana
<br /> cultivation facilities. The moratorium is necessary to allow City staff to disseminate the
<br /> information, analyze it, formulate a recommendation, and present to the City Council for their
<br /> review and further direction.
<br /> •
<br /> Current Citv Council Policy
<br /> Not applicable
<br /> Previous Citv Council Action(s)
<br /> The City Council adopted an interim urgency ordinance and moratorium on Medical Marijuana
<br /> Dispensaries in late 2004 and early 2005. At the conclusion of the moratorium, the City took no
<br /> further action to amend its Zoning Code to address marijuana dispensaries, or cultivation
<br /> facilities.
<br />
|