Memorandum 16-040 Status of Ordinance 16-04(A)(S)

Memorandum 16-040

TO:                        MAYOR WYTHE AND CITY COUNCIL

FROM:                 MELISSA JACOBSEN, CMC, DEPUTY CITY CLERK

DATE:                   FEBRUARY 25, 2016

SUBJECT:          UPDATE ON COUNCIL ACTIONS RELATING TO COMMERCIAL MARIJUANA

February 22, 2016 – Ordinance 16-06 prohibiting commercial marijuana activity in the City failed.

February 22, 2016 – Ordinance 16-07(A) was introduced.  This ordinance proposes the following proposition come before the voters at a Special Election to be held in the City on April 19, 2016:

PROPOSITION NO. 1

Shall the City of Homer adopt a local option to prohibit the sale and importation for sale of marijuana and any marijuana product; the operation of any marijuana establishment, including one or more of the following license types:  a retail marijuana store; a cultivation facility; a marijuana product manufacturing facility; or a marijuana testing facility?

r YES                 r NO

A “YES” vote would prohibit the operation of any commercial marijuana establishments, including cultivation facilities, testing facilities, manufacturing facilities, and retail stores or facilities from operating within the boundaries of the City of Homer.

A “NO” vote would permit the City of Homer City Council to permit operations of commercial marijuana establishments, including cultivation facilities, manufacturing facilities, testing facilities, and/or retail stores or facilities within the boundaries of the City of Homer.

March 14, 2016 - A public hearing on this ordinance will be held at the City Council meeting. Public testimony is welcome at the public hearing.  The public may also provide written comment to the City Clerk if they are unable to attend.

February 22, 2016 – Reconsideration of Ordinance 16-04(A)(S) passed

The motion to substitute Ordinance 16-04(A)(S) for Ordinance 16-04(A) back to Council under public hearings.
After hearing public testimony and discussion the motion to substitute failed.
Ordinance 16-04(A) was back on the floor for consideration
A motion was made to substitute Ordinance 16-04(A)(S-2) for Ordinance 16-04(A)

February 22, 2016 – Ordinance 16-04(A)(S-2)adopted as amended:

Included all the language proposed in 16-04)A)(S)
Amended to add Chapter 21.62 “Marijuana Facilities” regarding land use requirements for marijuana cultivation, manufacturing, testing, and retail facilities to be effective only upon certification of a majority vote rejecting the Proposition to prohibit marijuana establishments in the City at a Special Election to be held in the City on April 19, 2016.

(Ordinance 16-04(A) becomes 16-04(A)(S-2(A))

February 23, 2016 – Reconsideration of Ordinance 16-04(A)(S-2)(A) issued timely by Councilmember Reynolds.

A summary of the history of Ordinance 16-04 prior to February 22, 2016 can be found in Memorandum 16-032 dated February 12, 2016.

Informational only.