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RESOLUTION (ID # 4556) DOC ID: 4556 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
In Support/Opposition
From: R. Carey Davis M/CC Meeting Date: 08/01/2016
Prepared by: Ericka Murphy, (909) 384-
5133
Dept: Mayor's Office Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Supporting
the Current Ban on Marijuana Dispensaries and Other Similar Uses Found in the San
Bernardino Municipal Code. (#4556)
Current Business Registration Certificate: Not Applicable
Financial Impact:
None
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
On April 18, 2011 the Mayor and Common Council adopted Ordinance No. MC-1349,
adding Chapter 5.05 to the Municipal Code, prohibiting the establishment and operation
of medical marijuana dispensaries.
On June 21, 2010, the Mayor and Common Council adopted Ordinance No. MC-1328
prohibiting the issuance of development permits, conditional use permits, and similar
building permits for the establishment and operation of medical marijuana dispensaries.
On April 16, 2007, and February 19, 2008, the Mayor and Common Council
unanimously adopted Ordinance No. MC-1244 and MC-1265 respectively, which
extended the temporary moratorium.
On March 19, 2007, the Mayor and Council unanimously adopted Ordinance No. MC-
1243 establishing a temporary moratorium on the establishment and operation of
Medical Marijuana Dispensaries and other similar uses.
Background:
Historically, the City of San Bernardino has aligned with the Federal Government's
stance on marijuana. Being a Schedule I drug and one that is subject to widespread
abuse, even under the Compassionate Use Act and the Medical Marijuana Program,
the City has updated its ordinances to combat the growing acceptance of the drug.
On June 8, 2016, six boxes of petitions were turned into the City Clerk's Office for
review by proponents for the San Bernardino Regulate Marijuana Act of 2016. On June
21, 2016, the City Clerk issued a certificate indicating that the sample was statistically
significant. On July 5, 2016, the Mayor and Common Council voted to call a special
Updated: 7/25/2016 by Jolena E. Grider B I Packet Pg. 594
4556
election at which the said ordinance, without alteration, would be submitted to a vote of
the people.
Amidst the question of whether or not the regulation of marijuana will hurt or benefit our
community, there is reason to continue the current ban until the decision is made by
voters to lift it.
City Attorney Review:
Supporting Documents:
Reso - Support Marijuana Ban (DOC)
Updated: 7/25/2016 by Jolena E. Grider B Packet Pg. 595
`6.E.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SUPPORTING THE CURRENT BAN ON MARIJUANA
3 DISPENSARIES AND OTHER SIMILAR USES FOUND IN THE SAN BERNARDINO
4 MUNICIPAL CODE
5 WHEREAS, on July 5, 2016, the Mayor and Common Council of the City of San
Bernardino opted to call a special election at which the San Bernardino Regulate Marijuana Act
6 of 2016 Initiative, without alteration,would be submitted to a vote of the people; and
7
WHEREAS, the City of San Bernardino currently lacks the mature and established 0°
4-
8 systems and controls to prevent the distribution of marijuana to minors; and °
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9 WHEREAS, the City of San Bernardino currently lacks the mature and established �-
lo systems and controls to prevent revenue from the sale of marijuana from going to criminal =
enterprises, gangs, and cartels; and
11 0
WHEREAS, the City of San Bernardino currently lacks the mature and established o
12 systems and controls to prevent city-authorized marijuana activity from being used as a cover or
13 pretext for the trafficking of other illegal drugs or other illegal activity; and
LO
14 WHEREAS, the City of San Bernardino currently lacks the mature and established
systems and controls to prevent violence and the use of firearms in the cultivation and
15 distribution of marijuana; and 0°
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16 WHEREAS, the City of San Bernardino currently lacks the mature and established
17 systems and controls to prevent drugged driving and the exacerbation of other adverse public
health consequences associated with marijuana use; and t
18 C
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WHEREAS, the City of San Bernardino currently lacks the mature and established
19 systems and controls to prevent the growing of marijuana on public lands and the attendant N
20 public safety and environmental dangers posed by marijuana production on public lands; and
21 WHEREAS, the City of San Bernardino currently lacks the mature and established c
systems and controls to ensure that the quality of life of San Bernardino residents not be E
22 adversely affected.
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23 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON Q
24 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
25 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
26 support the current ban on marijuana dispensaries and other similar uses found in the San
Bernardino Municipal Code.
27
28
1
Packet Pg.-596',
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO SUPPORTING THE CURRENT BAN ON MARIJUANA
2 DISPENSARIES AND OTHER SIMILAR USES FOUND IN THE SAN BERNARDINO
3 MUNICIPAL CODE
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on the
6
day of , 2016, by the following vote, to wit:
7
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8 Council Members: AYES NAYS ABSTAIN ABSENT o
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9 MARQUEZ C
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10 BARRIOS
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11 °
VALDIVIA 2
12 v°�
SHORETT
13
14 NICKEL Ln
' 15 RICHARD m
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16 MULVIHILL
17 f°
18 Georgeann Hanna, City Clerk a
19 The foregoing Resolution is hereby approved this day of , 2016. o
20 N
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21
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22
R. Carey Davis, Mayor E
City of San Bernardino c
23 Approved as to form: Q
Gary D. Saenz, City Attorney
24
25 By:
26
27
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Packet,Pg.597