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Mayor Thorne asked regarding how a landlord would be able to verify the need for a tenant to smoke medical marijuana and Ms. Seto stated it would be up to the tenant to provide proof from his/her medical doctor. In response to Councilmember Pentin's question regarding whether a medical marijuana card would suffice as proof, Ms. Seto reported the card would not be enough proof as it does not explain the situation the City is proposing the ordinance include. Mayor Thorne questioned whether the City would be liable if it were to go with Option 3 Ms. Seto reported it would not, as the state has yet adopted specific language for accommodations. Ms. Seto reported all the options provided are legally defendable now. Councilmember Pentin noted the issue is not the use of medical marijuana, but rather people suffering from second-hand smoke. Mayor Thorne stated that when people take medication, it normally doesn't affect anyone else. However, in this case, it does affect other people. Councilmember Olson stated that part of City Council's responsibility includes drawing a line and suggested approving Option 3. He noted under federal law, the landlord can be held liable. Councilmember Brown noted marijuana use is not legal, on the federal level and said it is reasonable to choose Option 3, which would be consistent with the federal government. Councilmember Pentin report the state does not always adhere to federal law and expressed concerns that people who legitimately are helped using marijuana, will be negatively affected. In reply to his question, Ms. Seto reported there have been no studies in terms of what diseases can be helped by ingesting and/or smoking marijuana. Discussion followed regarding the amendment process subsequent to the state passing conflicting legislation. Councilmember Narum spoke in support of Option 2. Councilmember Pentin spoke in support of a six-month to a one-year period to see what the state decides and in support of Option 2. Councilmembers Brown and Olson spoke in support of Option 2. MOTION: It was m/s by Pentin/Narum to approve Option 2, introduce and waive first of Ordinance No. 2164 adding to the Municipal Code a new Chapter 9.26 restrictions on smoking in multifamily rental apartments and adopting a unifying amendment to §9.24.060. Motion passed by the following vote: Ayes: Councilmembers Brown, Narum, Olson, Pentin, Mayor Thorne Noes: None Absent: None MATTERS INITIATED BY COUNCIL Mayor Thorne reported when the state congress is back in session, it will consider many housing bills that have the potential of eliminating local control. He encouraged residents to contact state legislators to voice their concerns. City Council Minutes Page 5 of 6 August 15,2017