►
Description
San Bruno City Council Meeting September 13, 2011
8. Prohibit Marijuana Facilities
A
B
This
item
is
a
public
hearing
to
hear
testimony
regarding
the
proposed
ordinance
to
prohibit
medical
marijuana
distribution
facilities
in
the
city.
As
you
may
recall,
the
council
has
held
a
total
of
four
meetings
over
the
past
two
years.
On
the
subject
of
medical
marijuana
in
2009,
the
council
met
twice,
they
considered
and
adopted
a
moratorium,
so
staff
could
study
the
evolving
federal
and
state
law
on
the
topic
and
also
to
research
the
potential
effects
of
these
facilities
on
the
surrounding
neighborhoods,
as
well
as
police
resources.
The
moratorium
expires
on
the
twenty-fifth
of
this
month.
B
As
a
result
of
that
meeting,
the
council
directed
staff
to
prepare
an
ordinance
prohibiting
such
facilities,
and
you
introduced
that
ordinance
at
the
August
ninth
meeting
there's
been
one
legal
development.
Since
that
time,
the
state
legislature
actually
passed
a
bill
that
explicitly
authorizes
cities
to
regulate
medical
marijuana
distribution
facilities.
B
However,
it's
actually
not
clear
whether
that
law
changes
anything.
We
think
local
agencies
already
have
that
power
based
on
existing
case
law,
and
we
also
think,
as
do
a
lot
of
other
city
attorneys,
that
cities
are
not
required
to
allow
those
facilities
if
they
so
choose.
Nevertheless,
we'll
continue
to
monitor
these
developments
and
we'll
report
back.
If
we
think
you
should
take
additional
or
different
action
for
now,
we
recommend
opening
the
public
hearing
taking
any
testimony
and
then
adopting
the
ordinance
prohibiting
medical
marijuana
distribution
facilities.
I'd
be
happy
to
answer
any
questions
any.
C
C
The
public
otherwise
out
of
the
public
know
especially
those
people
who
don't
have
a
computer.
Are
they
know
what
the
ordinance
says?
Well,
they
have
to
go
to
the
clerk's
office
and
get
a
copy.
That's
go
to
library.
Well,
what
about
those
people
who
are
handicapped
and
bedridden
I
believe
they're
being
denied
when
it
comes
to.
C
B
You
mark
mr.
mayor,
if
I
may,
I
just
did
want
to
point
out
that
the
a
summary
of
the
ordinance
was
published,
as
required
in
a
local
newspaper
of
general
circulation.
I,
certainly
appreciate
mr.
lucky's
comments
about
the
reading
of
the
ordinance.
Of
course,
that's
a
policy
decision
for
the
City
Council,
but
I
think
it's
been
the
council's
policy
over
the
years
to
waive
that
that
reading
understanding
that
the
summary
that's
published
in
the
newspaper
is
sufficient
at
least
to
give
people
notice
of
what
it's
about,
and
they
can
certainly
inquire
further
city
manager.
D
In
addition,
as
mr.
lucky
indicates,
the
ordinance
is
published
in
its
entirety
as
part
of
the
agenda
packet
on
the
web
city's
website
and
for
those
persons
who
are
not
they
do
not
have
access
or,
for
whatever
reason,
do
not
use
the
internet
as
a
call
to
the
City
Clerk's
office.
A
request
can
be
made
for
the
paper
for
a
paper
copy
of
any
ordinance
that
it's
in
front
of
the
City
Council
to
be
mailed
to
them.
Thank.