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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE NO. 2006-002 (1005/1 098/1413/2792) AN INTERIM URGENCY ORDINANCE OF THE CITY OF SAN LEANDRO MAKING FINDINGS AND EXTENDING ORDINANCE NO. 2005-001, A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES PENDING THE REVIEW AND POSSIBLE AMENDMENT OF ZONING REGULATIONS APPLICABLE TO MEDICAL MARIJUANA DISPENSARIES The City Council of the City of San Leandro does ORDAIN as follows: Section 1. Findings A. In 1996 the voters of the state of California approved Proposition 215, codified as Health and Safety Code Section 11362.5 et. ~ and entitled "The Compassionate Use Act of 1996." B. The intent of Proposition 215 was to enable persons who are in need of medical marijuana for specified medical purposes to obtain medical marijuana, and use it under limited, specified circumstances. C. The Legislature enacted SB 420 to clarify the scope ofthe Compassionate Use Act of 1996, and to allow cities and other governing bodies to adopt and enforce rules and regulations consistent with SB 420. D. In June of2005, the U.S. Supreme Court held, in Gonzales v. Raich, that marijuana possession and use remained criminalized under federal law, but that this case did not affect state law concerning medical marijuana. E. The San Leandro Municipal Code and Zoning Code are silent with regard to the regulation and location of medical marijuana dispensaries. F. The City of San Leandro continues to receive inquiries regarding the permitting and establishment of medical marijuana dispensaries within the City due, in part, to restrictions that other surrounding agencies have placed on the ability of such uses to locate within those agencies' jurisdictions. G. In order to address both community and statewide concerns regarding the establishment of medical marijuana dispensaries, it is necessary for the City of San Leandro to study the potential impact such facilities may have on the public health, safety, and welfare.