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g,kN f� Staff Report File Number: 12 -341 Agenda Section: ACTION ITEMS Agenda Number: 10.F. TO: City Council FROM: Chris Zapata City Manager BY: Luke Sims Community Development Director, Sandra Spagnoli Chief of Police and Jayne Williams City Attorney FINANCE REVIEW: David Baum Finance Director TITLE: Staff Report to Introduce for First Reading an Ordinance Adding Municipal Code Chapter 4 -33 Relating to a Prohibition Against the Establishment and Operation of Medical Marijuana Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro RECOMMENDATIONS Staff recommends that the City Council introduce for first reading an ordinance to add Municipal Code Chapter 4 -33 prohibiting the establishment and operation of Medical Marijuana Cooperatives, Collectives, Dispensaries and Cultivation Facilities in the City of San Leandro. Staff further recommends that the City Council schedule second reading of the ordinance at its September 4, 2012 regular meeting agenda, including a staff report on any developments that occurred since the ordinance's introduction for first reading. le[e] :Cr] Yell] 0I 1] • In 1996 California voters approved Proposition 215, codified as Health and Safety Code Section 11362.5 et. seq., entitled "The Compassionate Use Act of 1996." The intent of Proposition 215 was to enable persons in need of medical marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, specified circumstances. • The Legislature enacted SB 420 to clarify the scope of the Compassionate Use Act of 1996, effective January 1, 2004. • The San Leandro Municipal Code and Zoning Code are silent regarding the regulation of medical marijuana dispensaries and cultivation facilities. City of San Leandro Meeting Date: July 16, 2012 City of San Leandro Page 1 Printed on 711012012