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6.1.A. - Page 37 <br />B. Implementation of Changes to Structures of Certain Redwood City <br />Boards, Commissions, and Committees <br />Recommendation: <br />Waive Second Reading and Adopt An Ordinance Amending Section 40.4.1 <br />(Historic Resources Advisory Committee) to Reduce Number of Committee <br />Members from Seven to Five. <br />This item was pulled from the Consent Calendar to another meeting. <br />4. Section - Claim(s) and Check(s) <br />A. Approve claims and checks dated October 10, 2011 and the usual and <br />necessary payments through October 24, 2011. MINUTE ORDER 11 -169 <br />7. PUBLIC HEARING(S) <br />A. Zoning Ordinance Amendment Regulating Medical Marijuana Facilities <br />Recommendation: <br />1. Hold a public hearing regarding the proposed Zoning Ordinance text <br />amendment. <br />2. By motion, adopt the proposed amendment to the Redwood City Zoning <br />Ordinance regulating medical marijuana distribution facilities. <br />MINUTE ORDER 11 -171 <br />ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY ADDING <br />ARTICLE 59 TO THE REDWOOD CITY ZONING ORDINANCE RELATING TO <br />MEDICAL MARIJUANA DISTRIBUTION FACILITIES <br />Dr. Bell introduced the item and provided some background stating that presently <br />Redwood City does not permit marijuana distribution facilities and due to recent legal <br />developments staff does not feel that a presentation is needed. He added that City <br />Attorney Thompson has been providing updates on this matter on a daily basis, and in <br />light of current federal laws and court decisions; staff is not recommending a two -year <br />moratorium. He noted that Council approved moratoria in 2009 and the second one is <br />set to expire in December of 2011 and that is why this is before Council. <br />Ms. Thompson using the movie "Double Jeopardy" as an example illustrated that one <br />can be prosecuted under two agencies (state and federal). She referred to a decision <br />from an appellate court. She also noted that a press conference was given earlier this <br />week regarding the risk to particular operators who are liable to forfeiture of real <br />property. She added that due to the federal prosecutors' stance on this issue, she could <br />not advise the Council on permitting these facilities in the Redwood City and so she <br />could not support this because it places the City in a challenging place and the owners <br />of these facilities as well. Council inquired if federal law takes precedence over state <br />law and Ms. Thompson confirmed it. The City Attorney was asked if this will be an <br />ongoing issue and she confirmed that she does not see this playing out well for the <br />cities but it will depend on what the courts decide. <br />JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD October 10, 2011 <br />MEETING MINUTES PAGE 5 <br />