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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. (303) <br /> MINUTE ORDER 17-769 <br /> 7. PUBLIC HEARING(S) <br /> A. Zoning Ordinance Amendment Regulating Medical Marijuana <br /> Facilities. (602) <br /> Recommendation: <br /> 1. Hold a public hearing regarding the proposed Zoning Ordinance teut <br /> amendment. <br /> 2. By motion, adopt the proposed amendment to the Redwood City Zoning <br /> Ordinance regulating medical marijuana distribution facilities. <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 /> Mayor Ira opened the Public Hearing. <br /> JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BOARD October 10, 2011 <br /> MEETING MINUTES PAGE 5 <br /> MINUTE BOOK NO. 63 <br /> Page No. 410 <br />