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<br />Mr. Brozosky asked what the procedure would be today if someone wanted to open a <br />dispensary? <br />Mr. Roush said if Council did not adopt the proposed ordinance or if it is adopted and <br />expires at the conclusion of the 45-day period, the City would not have any regulations that <br />would apply particularly to these types of uses. Staff would try and analogize it to what it most <br />closely resembles. The concern is that dispensaries are similar to pharmacies or medical <br />establishments that are permitted uses in many districts and, therefore, the City would be hard <br />pressed to categorically say that a dispensary would not be allowed. The City would have to <br />rely on the fact that by allowing this type of use to go in it would inheritably violate federal law <br />and, therefore, not be allowed. This would place the City on the cutting edge of defending a <br />decision not to allow the use on grounds that have run afoul of the federal law where the City <br />believed the moratorium would essentially provide a period of time in which this issue can be <br />looked at on a federal level and perhaps come up with some rules and regulations to establish a <br />happy medium. He noted that the City has had an inquiry about a potential dispensary. <br />Mr. Brozosky asked for the length of time it would take staff to create an ordinance that <br />is required for this type of use? <br />Mr. Roush said that staff would return to Council with this matter within 45 days and <br />request that the moratorium be extended again for an additional 10 months and 15 days. <br />Thereafter, the ordinance may be extended for one additional year and no more than two <br />extensions may be adopted. At the conclusion of that time, Council would need to decide what <br />it would do. He noted that staff would need ample time, perhaps six to nine months, to figure <br />out if there is an appropriate place or rules and regulations as to where this type of use could be <br />located. <br />Mr. Fialho said realistically, staff would request the one-year time frame, which would <br />provide staff sufficient time to study the issue and present it to Council for its review and <br />consideration. <br />Ms. McGovern was hopeful that Council could take a proactive stance and possibly <br />contact its federal legislatures informing them that this situation needs to be resolved at the <br />federal level. She was hopeful that during the one-year period of time, Council would write its <br />federal legislatures and ask for their help in resolving this issue. <br />Mayor Hosterman declared the public hearing open. <br />Joseph Partansky, a Concord resident, said this matter is a health and welfare issue and <br />addressed the merits of the staff report. He noted that the State Department of Health <br />mandated an identification law, which is now in effect, and each County has an option to provide <br />identification, which assists cities and police departments in identifying legitimate use and <br />medical certification of the user. He submitted written communication to Council which included <br />a copy of a document entitled "Protecting Dispensing Collectives and Cooperatives" by the <br />Americans for Safe Access, a copy of a one-page document entitled "Salis Conferees Guide," a <br />copy of a one-page document entitled "Safe Access" which lists eight brochures on the use of <br />cannel treat specific conditions, a one-page document entitled 'Talking Points: Medical <br />Cannabis Dispensary Bans," a one-page document entitled "Resources for Reading Action," <br />and a one-page document entitled 'Worstpills." <br />Pleasanton City Council 6 08/16/05 <br />Minutes <br />