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File Number: 12 -343 (V) The City Council finds that the public health, safety and general welfare of the City and its residents necessitates and requires the adoption of this Ordinance, prohibiting the establishment and operation of medical marijuana cooperatives, collectives, dispensaries, and cultivation facilities in order to: (a) protect and safeguard against the detrimental secondary negative effects and adverse impacts of facilities dispensing medical marijuana, as more specifically described in Paragraph Q, above; (b) preserve and safeguard the minors, children and students in the community from the deleterious impacts of medical marijuana facilities; and (c) preserve the City's law enforcement services, in that monitoring and addressing the negative secondary effects and adverse impacts will likely burden the City's law enforcement resources. The City Council further finds that due to the negative secondary effects and adverse impacts of facilities dispensing and /or cultivating medical marijuana, the establishment and the operation of these facilities will negatively impact residential uses and neighborhoods in the City. (W) The City Council finds that County of Los Angeles v. Alternative Medicinal Cannabis Collective may be granted certiorari by the California Supreme Court, or it may be de- published in the coming weeks, such that it would no longer be the law that a city may not prohibit the establishment of dispensaries, collectives, or cooperatives within its jurisdiction. Additionally, the various other court cases granted certiorari by the California Supreme Court interpreting the Act related to whether a city may prohibit the establishment and operation of medical marijuana cooperatives, collectives, dispensaries, and cultivation facilities, and legislation passed by the California Legislature may dramatically change a city's ability to regulate dispensaries such that the City Council finds that due to the continuing, unpredictable, and pervasively unsettled nature of the law related to the establishment and regulation of medical marijuana dispensaries, collectives, and cooperatives, it is in the public health, safety, and general welfare to establish this ordinance until the law related to whether and how local jurisdictions may ban or regulate medical marijuana dispensaries, collectives, and cooperatives is settled, and that this ordinance shall sunset on June 30, 2013, and the prohibition shall be lifted. Furthermore, the City Council finds that this Ordinance has a severability clause such that if the Ordinance is adopted then any part of the adopted Ordinance later found to be unlawful by operation of law shall be automatically stricken and of no effect. (X) This Ordinance is consistent with the City of San Leandro General Plan in that the General Plan, its objectives, policies, and goals do not permit or contemplate the establishment or operation of medical marijuana cooperatives, collectives or similar facilities that engage in dispensing of or cultivating marijuana for medicinal purposes. SECTION 2. AMENDMENT TO TITLE 4 "PUBLIC WELFARE" OF THE CITY OF SAN LEANDRO MUNICIPAL CODE. Title 4 "Public Welfare" of the City of San Leandro Municipal Code is hereby amended to add Chapter 4 -33 entitled "Prohibition on Medical Marijuana Cooperatives or Collectives" to read in its entirety as follows: Chapter 4 -33 Prohibition of Medical marijuana Cooperatives or Collectives. City of San Leandro Page 8 Printed on 711012012