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Home My WebLink AboutAgenda Report - December 5, 2012 C-06 PHAGENDA ITEM CITY OF LODICOUNCIL COMMUNICATION4U `P �/FOaa TM AGENDA TITLE: Set Public Hearing for December 19, 2012 to Extend Interim Ordinance No. 1867, an Uncodified Interim Urgency Ordinance Imposing a Moratorium on 1) The Outdoor Cultivation of Medical Marijuana Within the City of Lodi and 2) The Indoor Cultivation of Medical Marijuana that Creates a Public Nuisance MEETING DATE: December5,2012 PREPARED BY: City Attorney's Office RECOMMENDED ACTION: Set public hearing for December 19, 2012 to extend interim Ordinance No. 1867, an uncodified interim urgency Ordinance imposing a moratorium on 1)the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance. BACKGROUND INFORMATION: On November 7, 2012 the Council adopted Interim Ordinance No. 1867 establishing a 45 -day moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuanathat creates a public nuisance. Staff recommends that provisions should be added to the City's Municipal Code that place zoning restrictions on the cultivation of medical marijuana within the City if that is the desire of the Council. To do so, however, staff from the City Attorney's Office and the Police Department need adequate time to meet with members of the community, including members of the community currently cultivating marijuana for medicinal needs, and to study and analyze the complicated legal and practical issues involved in regulating the cultivation of marijuana for medical use, including a review the City's General Plan and the zoning ordinances, and to make recommendations for the Council's consideration. Unfortunately, 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. 1867 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. 1867 would extend the current 45 - day moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance to November 6, 2013. Without the proposed extension, Interim Ordinance 1822 will be of no further force and effect after December 22, 2012. FISCAL IMPACT: None. FUNDING: None. Ja ' e D. agdich cc: Mark Helms, Police Chief Deputy_C.iq Attorney Bartlam, City M �y-OF� �FOFt Please immediately confirm receipt of thisfax by calling 333-6702 CITY OF LODI P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN UNCODIFIED INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON I) THE OUTDOOR CULTIVATION OF MEDICAL MARIJUANA WITHIN THE CITY OF LODI AND 2) THE INDOOR CULTIVATION OF MEDICAL MARIJUANATHAT CREATES A PUBLIC NUISANCE PUBLISH DATE: SATURDAY, DECEMBER8,2012 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: RANDI JOHL, CITY CLERK LNS ACCT. #0510052 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, DECEMBER 6,2012 ORDERED BY: RANDI JOHL CITY CLERK Q"66�1 J NIFER I . ROBISON, CMC ASSISTAN CITY CLERK MARIA BECERRA ADMINISTRATIVE CLERK Verify Appearance of this Legal in the Newspaper — Copy to File Faxed to the Sentinel at 369-1084 of (time) on (safe)' (pages) i sic Fa 7u .. �+ i* .,,a� MR _IMP Anifinki formAadvins.doc DECLARATION OF POSTING PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN UNCODIFIED INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON 1) THE OUTDOOR CULTIVATION OF MEDICAL MARIJUANA WITHIN THE CITY OF LODI AND 2) THE INDOOR CULTIVATION OF MEDICAL MARIJUANA THAT CREATES A PUBLIC NUISANCE On Thursday, December 6, 2012, in the City of Lodi, San Joaquin County, California, a Notice of Public Hearing to extend interim Ordinance No. 1867, an uncodified interim urgency ordinance imposing a moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance (attached and marked as Exhibit A) was posted at the following locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on December 6, 2012, at Lodi, California. J NIFER Nd. ROBISON, CMC AYSISTANT CITY CLERK N:\Administration\CLERK\Forms\DECPOSTCA.DOC ORDERED BY: RANDIJOHL CITY CLERK MARIA DITMORE ADMINISTRATIVE CLERK 6 0 DECLARATION • • PUBLIC HEARING TO EXTEND INTERIM ORDINANCE NO. 1867, AN UNCODIFIED INTERIM URGENCY ORDINANCE IMPOSING A MORATORIUM ON 1)THE OUTDOOR CULTIVATION OF MEDICAL MARIJUANA WITHIN THE CITY OF LODI AND 2) THE INDOOR CULTIVATION OF MEDICAL MARIJUANA THAT CREATES PUBLIC NUISANCE On December 6, 2012, in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing Notice cf Public Hearing to extend interim Ordinance No. 1867, an uncodified interim urgency ordinance imposing a moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance, attached hereto Marked Exhibit A. The mailing list for said matter is attached hereto, marked Exhibit B. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. declare under penalty of perjury that the foregoing is true and correct. Executed on December 6, 2012, at Lodi, California. 4 J IFER M.1$013 -180h, CMC ASSISTANT CITY CLERK Forms/decmail.doc ORDERED BY: RANDIJOHL CITY CLERK, CITY OF LODI MARIA BECERRA ADMINISTRATIVE CLERK • CITY OF LODI Carnegie Forum 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: December 19,2012 Time: 7:00 p.m. For information regarding this notice please contact: Rand! Johl City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING EDY NOTICE IS HEREBY GIVEN that on Wednesday, December 19, 2012, 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) to extend interim Ordinance No. 1867, an uncodified interim urgency ordinance imposing a moratorium on 1) the outdoor cultivation of medical marijuana within the City of Lodi and 2) the indoor cultivation of medical marijuana that creates a public nuisance. 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. By Order of the Lodi City Council: I City Clerk Dated: December5,2012 Approved as to form: D. Stephen Schwabauer City Attorney CLERK\PUBHEAR\NOTICES\NOT MedicalMarijuana.DOC 12/3/12 E XFiiB:T B� Public Hearing to Extend Interim Ordinance No. 1867, an Uncodified Interim Urgency Ordinance Imposing a Moratorium on 1)the Outdoor Cultivation of Medical Marijuanawithin the City cf Lodi and 2) the Indoor Cultivation Cf Medical Marijuana that Creates a Public Nuisance MAILING LIST Robin Rushing 1390W. Lockeford St. Lodi, CA 95242 Wilma Bianchi 317 Finch Run Lodi, CA 95240 Joshua Dougherty 311 Finch Run Lodi, CA 95240