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p City of San Leandro <br />Meeting Date: July 2, 2012 <br />Staff Report <br />File Number: 12 -341 Agenda Section: ACTION ITEMS <br />Agenda Number: 10.B. <br />TO: City Council <br />FROM: Chris Zapata <br />City Manager <br />BY: Luke Sims <br />Community Development Director, <br />Sandra Spagnoli <br />Chief of Police and <br />Jayne Williams <br />City Attorney <br />FINANCE REVIEW: David Baum <br />Finance Director <br />TITLE: Staff Report for Ordinance Adding Municipal Code Chapter 4 -33 Relating to <br />the Prohibition Against the Establishment and Operation of Medical Marijuana <br />Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of <br />San Leandro <br />RECOMMENDATIONS <br />Staff recommends that the City Council adopt the attached Ordinance Adding Municipal Code <br />Chapter 4 -33 prohibiting the establishment and operation of Medical Marijuana Cooperatives, <br />Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro. The ordinance <br />would take effect upon the expiration of the moratorium. The ordinance will contain an <br />automatic sunset provision, which would be effective June 30, 2013. <br />BACKGROUND <br />• In 1996 California voters approved Proposition 215, codified as Health and Safety Code <br />Section 11362.5 et. seq., entitled "The Compassionate Use Act of 1996." The intent of <br />Proposition 215 was to enable persons in need of medical marijuana for specified medical <br />purposes to obtain medical marijuana, and use it under limited, specified circumstances. <br />• The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of <br />1996, effective January 1, 2004. <br />• The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of <br />medical marijuana dispensaries and cultivation facilities. <br />City of San Leandro Page 1 Printed on 612612012 <br />