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7.A. - Page 66 ATTACHN�NT 3 with the data that is available tonight. He stated that he did not see the specific need or the genuine benefit of having the sunset clause. Commissioner Schmidt noted that the alternative is to establish on a ban on medical marijuana distribution facilities, but does not say that the planning department should look at the compatibility. The decision is to ban it with a two-year sunset clause on that, without doing anything in the interim. He asked if that was correct. Chair Borgens noted that the clause says to provide for another assessment of the issue at a future time, such as in two years. She stated that within that time frame the council has to do something during that time. Ms. Skousen replied yes, staff will do something, and before the sunset clause expires staff will bring it back to the council, but that doesn't mean something has to be done, it could just expire. But staff does not recommend that. Unless something causes it to come back sooner, it will be brought back in two years. Commissioner Schmidt asked if the council will just be waiting for the two years to come up. He asked if there would be any looking into ordinances and land uses during the two years, or if it will be brought up then and that's when that sort of research will be done. Ms. Skousen replied that the attorney's office would be watching the laws and cases coming up. She stated the planning department would be watching what other cities are doing and their experiences. She stated that when something happens that causes staff to feel it is time to bring it back, they will. Chair Borgens asked if there are current pending cases. Ms. Skousen replied yes, that there is a case in Anaheim. She stated that if a strong, clear decision is made, such as cities not having the authority to ban these facilities, then the staff will be right back. Mrs. Ekas addressing Commissioner Schmidt's question about what staff will be doing with the issue over the next two years: staff does not want to be left without regulations, and concerned about having a wide open status not serving the community's needs. Staff is well aware that they would have to have something prepared in advance of the expiration of the timeline. Commissioner Schmidt asked that along with keeping watch, staff will have a plan for where it could be put, and that sort of thing. Mrs. Ekas replied that there would be a starting position, which is why this presentation was showed tonight. Commissioner Radcliffe stated that she was not in favor of an out-and-out ban on such a facility, but there is still a lot of grey area, and requested keeping the item in front of the council. She stated that she was in favor of continuing the ban and putting in the sunset clause. Page 14 of 16