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7. Failing to extend the City's moratorium would allow collective gardens to locate <br /> within the City while the City lacks the necessary tools to ensure regulation of the negative <br /> secondary impacts and health and safety concerns; and <br /> 8. Several actions are pending which could clarify the conflict between federal and <br /> state law, including: (a) Initiative 502 on the legalization of the recreational use of cannabis; (b) <br /> John and Jane Does 1-13 v. City of Seattle, King County Cause No. 11-2-42621-SEA regarding <br /> Seattle's regulation of collective gardens; (c) Cannabis Action Coalition, et al. v. City of Kent, <br /> King County Cause No. 12-2-19726-1-KNT regarding Kent's prohibition of collective gardens; <br /> and(d) Bellingham's enforcement against collective gardens operating within the it's city limits; <br /> and <br /> 9. Through implementation of the City's work plan adopted in Ordinance No. <br /> 3232-11,the City has developed an Outline of Collective Garden Zoning Regulations which <br /> attempts to address the conflict between federal and state law, but which requires further <br /> consideration in light of the pending legislative and legal actions and which requires further <br /> consideration and public input regarding appropriate zoning regulations and health and safety <br /> regulations to allow collective gardens while addressing the potential negative secondary impact <br /> and health and safety concerns; <br /> Whereas,the City Council concludes that: <br /> 1. The conflict between state and federal law prevents the Council from adequately <br /> regulating collective gardens; and <br /> 2. Consideration of the public health and safety prevents the Council from allowing <br /> collective gardens without adequate zoning and health and safety regulations; and <br /> 3. Pending legal and political actions have the potential to clarify the current conflict <br /> between federal and state law such that the Council may be allowed to adopt adequate <br /> regulations to allow collective gardens while addressing the negative secondary impacts and <br /> health and safety concerns; and <br /> 4. The City has the authority to extend the moratorium; and <br /> 5. The City must extend the moratorium concerning collective gardens for an <br /> additional six months to act as a stop-gap measure: (a)to provide an opportunity for legal <br /> clarification of the City's ability to regulate the siting and activities of collective gardens, (b)to <br /> provide an opportunity for further consideration and public input on the City's Outline of <br /> Collective Garden Zoning Regulations, and (c)to avoid the unregulated establishment of <br /> Page 2 of 5 <br />