pages: PlanningBoard/2010-01-11.pdf, 8
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PlanningBoard | 2010-01-11 | 8 | with the Attorney General's findings and that this leads him to believe that there is insufficient information to make a decision. Ms. Faiz, City Attorney, pointed out that the Guidelines issued by the Attorney General are not binding law, just guidelines. Board Member Kohlstrand asked whether the Board could approve an outright ban when the policy direction from the City Council is still unknown. President Ezzy Ashcraft asked if the Board could continue the item, while the Board awaits policy direction from City Council and staff gathers more information. Staff stated that the Board could continue the item, but that the Council is awaiting the Board's response to assist them with making their decision. Vice-President Autorino motioned, seconded by Board member Cunningham to extend the meeting until 11:10 pm. Motion passes 7-0. President Ezzy Ashcraft requested clarification on the difference between medical marijuana co-operative and collective dispensaries. Ms. Faiz, City Attorney, clarified the respective code sections. Board Member Cook asked whether the Planning Board could request an extension of the moratorium to allow sufficient time to consider whether to revise the ordinance. Staff suggested recommending approval or denial of the proposed ordinance. Vice-President Autorino stated the Board should ask for an extension of the moratorium and develop an ordinance that would allow and regulate the dispensaries, as opposed to an outright ban. He also added the Board should ask the Council for direction. Board Member Cook suggested that the Planning Board, staff of the Police Department, Social Services, and the City Attorney work together to develop an appropriate set of regulations if the Council extends the moratorium to allow further consideration. Board Member Lynch stated that the City Council should be asked whether or not a moratorium should be extended and if it should be extended, what type of regulations should be developed. The Planning Board recommended that the City Council refer the matter back to the Planning Board for further deliberation and hearings to allow time for preparation of a draft ordinance that might allow a limited number of dispensaries in carefully controlled locations and under certain limited conditions. Vice-President Autorino motioned, seconded by Board member Cunningham, to recommend that the City Council reject the ordinance banning medical marijuana dispensaries within the City of Alameda, refer development of an ordinance that allows medical marijuana dispensaries in Alameda back to staff and the Planning Board, and extend the moratorium prohibiting medical marijuana dispensaries to allow for sufficient Page 8 of 9 | PlanningBoard/2010-01-11.pdf |