HomeMy WebLinkAboutAgenda Report - May 6, 2009 E-18 PHAGENDA ITEM E001 g
CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Set Public Hearing for May 20, 2009 to Extend Interim Ordinance No. 1822,
an Uncodified Urgency Interim Ordinance to Establish a Moratorium on the
Establishment and Operation of Medical Marijuana Dispensaries.
MEETING DATE: May 6, 2009 City Council Meeting
PREPARED BY: Deputy City Attorney
RECOMMENDED ACTION: Set Public Hearing for May 20, 2009 to Extend Interim Ordinance
No. 1822 an Uncodified Urgency Interim Ordinance to Establish a
Moratorium on the Establishment and Operation of Medical
Marijuana Dispensaries.
BACKGROUND INFORMATION: On April 15, 2009 the Council adopted Interim Ordinance No. 1822
establishing a 45 -day moratorium on the establishment and
operation of medical marijuana dispensaries within the City. The
ordinance was adopted in response to the recent inquires from members of the public about opening
medical marijuana dispensaries in the City. In addition, the City's Municipal Code does not address the
issue, which given undecided questions over the conflict between California and Federal marijuana laws
may (or may not) mean that such dispensaries are a prohibited use within the City of Lodi.
Staff recommends that provisions should be added the City's Municipal Code that either regulate medical
marijuana dispensaries or prohibit such uses if that is the desire of the Council. To do so, however, staff
needs adequate time to study the current status of State and Federal law governing the distribution of
medical marijuana, to review the City's General Plan and the zoning ordinances, and to make
recommendations for the Council's consideration. Unfortunately, it is clear that the initial 45 days will be
inadequate to prepare a comprehensive approach for Council consideration.
Government Code Section 65858 provides that the Council, may, after notice to the public pursuant to
Government Code Section 65090 and a public hearing, extend Interim Ordinance No. 1822 for a period
of 10 months and 15 days. The extension requires a minimum four-fifths (4/5) vote to be adopted. (An
additional one-year extension is permissible under Section 65858(a)).
As proposed, the recommended extension of Interim Ordinance No. 1822 would extend the current 45 -
day moratorium on the issuance of use permits, variances, building permits, business licenses, or any
other entitlementfor the establishment or operation of medical marijuana dispensaries to April 14, 2010.
Without the proposed extension, Interim Ordinance 1822 will be of no further force and effect after May
30, 2009.
FISCAL IMPACT: FUNDING: None.
OJanice D Magdich
ity Attorney
cc: Rad Bartlam, Community Development Director
David Main, Police Chief
APPROVED:
Blair Kin #- " ager
Please immediately confirm receipt
of this fax by calling 333-6702
CITY OF LODI
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
ADVERTISING INSTRUCTIONS
SUBJECT: PUBLIC HEARING TO CONSIDER EXTENDING INTERIM ORDINANCE
NO. 1822, AN UNCODIFIED URGENCY INTERIM ORDINANCE TO
ESTABLISH A MORATORIUM ON THE ESTABLISHMENT AND
OPERATION OF MEDICAL MARIJUANA DISPENSARIES
PUBLISH DATE: SATURDAY, MAY 9,2009
TEAR SHEETS WANTED: Three (3) please
SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK
City of Lodi
P.O. Box 3006
Lodi, CA 95241-1910
DATED: THURSDAY, MAY 7,2009
ORDERED BY: RANDI JOHL
CITY CLERK
V Y1i r
JEIMIFER M ERRIN, CMC
ASSISTANT ITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
Verify Appearance of this Legal in the Newspaper — Copy to File
Faxed to the Sentinel at 369-1084 at _L'_10 on 6 i%Df) (date) (pages)
LNS Phoned to confirm receipt of all pages at (time) _CF MB _JMP (initials)
forms\advins.doc
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DECLARATION OF POSTING
PUBLIC HEARING TO CONSIDER EXTENDING INTERIM ORDINANCE NO. 1822,
AN UNCODIFIED URGENCY INTERIM ORDINANCE TO ESTABLISH A
MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF
MEDICAL MARIJUANA DISPENSARIES
On Friday, May 8, 2009, in the City of Lodi, San Joaquin County, California, a copy of a
Notice of Public Hearing to consider extending interim Ordinance No. 1822, an
uncodified urgency interim ordinance to establish a moratorium on the establishment
and operation of medical marijuana dispensaries (attached hereto, marked Exhibit ""A)
was posted at the following four locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Camegie Forum
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 8,2009, at Lodi, California.
NIFER M PERRIN, CMC
ASSISTANT ITY CLERK
N:\Administration\CLERK\Forms\DECPOST 1.D0C
ORDERED BY:
RANDIJOHL
CITY CLERK
MARIA BECERRA
ADMINISTRATIVE CLERK
• CITY OF LODI
Carnegie Forum
305 West Pine Street, Lodi
r
NOTICE CF PUBLIC HEARING
Date: May 20, 2009
Time: 7:00 p.m.
For information regarding this notice please contact:
Randi Johl
City Clerk I EA
Telephone: (209) 333-6702
NOTICE OI PUBLIC HEARING
NOTICE S HEREBY GIVEN that on Wednesday, May 20, 2009, at the hour of
7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will
conduct a public hearing at the Carnegie Forum, 305 West Pine Street, Lodi, to consider
the following item:
a) Extend interim Ordinance No. 1822, an uncodified urgency interim
ordinance to establish a moratorium on the establishment and
operation cf medical marijuana dispensaries.
Information regarding this item may be obtained in the City Attorney's Office, 221 West
Pine Street, Lodi, (209) 333-6701. All interested persons are invited to present their
views and comments on this matter. Written statements may be filed with the City
Clerk, City Hall, 221 West Pine Street, 2nd Floor, Lodi, 95240, at any time prior to the
hearing scheduled herein, and oral statements may be made at said hearing.
If you challenge the subject matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice or in
written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to
the close of the public hearing.
B r of the Lodi City Council:
Randi Johl
City Clerk
Dated: May 6,2009
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D. Stephen Schwabauer
City Attorney
CLERK\PUBHEAR\NOTICES\NOT MedicalMarijuana.DOC 5/5/09