2012/06/27 Council Agenda Packet

EVERETT CITY COUNCIL AGENDA I TEM COVER SHEET 2 PROJECT TITLE: An Ordinance relating to X Briefing COUNCIL BILL# C600(0- 0-5 medical cannabis,amending Proposed Action Originating Department Legal Ordinance No. 3232-11,and Consent Contact Person C. Olivers on Action Phone Number X7012 extending the moratorium- collective gardens an 6/20/12 First Reading FOR AGENDA OF 6/20/12 additional six months. 6/27/12 Second Reading 7/x/12 Third Reading 7/3/12 Public Hearing • Initialed by: Department Head CAA Council President • • Location Preceding Action Attachments Department(s)Approval Planning Commission •• Proposed Ordinance • City's Outline of Collective Garden Zoning Regulations Amount Budgeted -0- Expenditure Required -0- Account Number(s): Budget Remaining -0- Additional Required -0- • DETAILED SUMMARY STATEMENT: On July 20,2011,the Council adopted an emergency moratorium prohibiting establishment of medical cannabis collective. The emergency moratorium is set to expire on July 20,2012. Collective gardens are allowed under state law,but remain prohibited by the federal Controlled Substances Act. Over the last year,this conflict has increased with the federal government's threat to criminally prosecute local • government officials and employees who facilitate or approve collective gardens. While a state initiative and • several state court cases have the potential to resolve the conflict,these actions may also complicate the matter. Through implementation of the City's work plan identified in the moratorium Ordinance,the City has developed an Outline of Collective Garden Zoning Regulations.This Outline is attached and is intended to give the public and Council an indication of possible future interim or permanent regulations.However,the high potential for legislative or judicial clarification requires that the City continue to consider the appropriate mechanism to properly allow and regulate collective gardens. Further,because a full planning process has not been completed, a the City needs time for further Council, staff,and public consideration of the necessary regulations.Therefore, The City must extend the moratorium to avoid collective gardens from vesting until the City's regulatory authority is clarified and appropriate regulations are adopted. RECOMMENDATION(Exact action requested of Council):Approve the Ordinance relating to medical cannabis,amending Ordinance No. 3232-11,and extending the moratorium on collective gardens an additional six months. 7