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Councilmember Sullivan confirmed with Ms. Seto that if the Council adopted a ban, it could repeal that ban at any time. He thanked staff for the additional information, said he found there was a big difference between the success and the lack of criminal activity between those with regulations versus those without regulations, and confirmed with Ms. Seto this was apparent in staff’s research, as well. Councilmember Thorne questioned if the new federal law would allow dispensing medical marijuana through licensed pharmaceutical outlets or would dispensaries still be needed. Ms. Seto said the federal law did not address dispensing it through a pharmacy; it addressed when federal and state law were in conflict and it proposed that marijuana would no longer be considered a section 1 drug and for states where medical marijuana was allowed under state law, you could not prosecute someone under federal law as a crime. But, she said how the dispensary operated would be regulated by the Council issuing a conditional use permit, which could be reviewed annually, and/or revoked if the business was not operating legally. Councilmember McGovern said she read the California Police Chief’s Association report carefully, cited the crimes of these types of facilities included robbery, robberies of people who come out of them, and she asked for a report from Chief Fraser. Chief of Police Michael Fraser said the report was compiled by the El Cerrito Police Chief in doing research for the Association. The results indicated significant serious and violent crime was occurring, some of which included robbery, loitering, illegal purchase, diversion of marijuana to youth, and a significant under-reporting of crime by dispensaries occurred due to their risking closure. Councilmember Cook-Kallio noted the report also indicates that no one agency could compile data or access data from all locations and felt dispensaries were located in undesirable locations; however, Chief Fraser noted information was indicative to suggest marijuana was being purchased or confiscated via dispensaries or those who have medical access to it. Mayor Hosterman opened the public hearing. Dan Faustina urged the Council to adopt an ordinance to prohibit the operation of medical marijuana dispensaries within the City limits. He felt the issue should not revolve around personal beliefs but rather it should focus on whether a facility belongs in the community. He disagreed in creating a task force and said a ban would not stop people from accessing medical marijuana. Mark Priscaro urged the Council to support the ordinance and ban medical marijuana dispensaries from ever operating in Pleasanton for the following reasons: 1) allowing dispensaries will encourage more illegal growing operations in the tri-valley and will increase crime in the community and he cited many for the record, 2) said despite the passage of Prop 215 the medical community overwhelmingly does not support medical marijuana; and 3) neither local, state or federal law enforcement authorities support allowing dispensaries to operate in Pleasanton. Kirk Warren presented his i.d. card, said he went to a physician to procure the card, followed all regulations and said marijuana has helped him more than prescription drugs. He noted that he must go into Oakland to a dispensary. He said the City of Santa Cruz City Council Minutes 7 June 5, 2007