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Council Approves Draft Pot Shop Law, Will Vote In Future by Keith Higginbotham | City Beat | 11.11.09 | | Text Size: +
The Long Beach City Council meeting on Tuesday was another of those "wake-me-in-the-wee-hours-when-it's-over" affairs, coming under the tape at just over four hours. So in the interest of our readers, I will now attempt to distill down last night's heady brew into something a little more refined and palatable. Something on the order of taking Hamlet and condensing it down to the Gilligan's Island version. Following the opening credits, the Skipper, otherwise known as Val Lerch last night (Mayor Bob Foster was absent), felt it important to let all the veterans in the audience know that President Obama has signed an executive order allowing veterans to salute while performing the pledge of allegiance, thus indicating their service. Of course he waited until after the pledge to mention this. And far be it from the Skipper to let such a statement focus solely on others. Lerch managed to get in that he would be saluting the flag from now on, as he was a veteran. But we already knew this from the episode where the Skipper was sleep-walking and dreaming of his days in the war and trying to turn the radio into a transmitter. To make this easier on everyone, I think we'll just skip right to the "meat" of the meeting--the discussion on a draft ordinance regarding medical marijuana dispensaries. The item was saved to the end of the meeting, but consumed nearly three hours of time. After numerous comments by the public and much discussion at the dais, the council members by a vote of 9-0 approved what was in essence the ordinance drafted beforehand by City Attorney Bob Shannon, albeit with some important changes. The draft, with the approved amendments, must return to the council as a second draft for another vote. Shannon 's draft ordinance sought to set standards by which medical marijuana dispensaries could be operated within the city. The number of dispensaries in the city have grown, by some accounts, to between 50 and 60. While federal law prohibits the growing and dispensation of marijuana--a controlled substance--California voters approved allowing medical marijuana to be dispensed. However, it has fallen to local government entities within the state to develop their own procedures for regulation the dispensaries. The changes approved by the council to Shannon's draft included: removing a restriction that only 18 dispensaries could be located in the city; allowing dispensaries in business/residential mixed-use areas; allowing dispensaries within 1,000 feet of libraries and parks; prohibiting identification, under patient privacy, of people using dispensaries; providing a grace period for existing dispensaries to comply with any ordinance that is approved; and allowing dispensary patients to cultivate marijuana in their homes. The ordinance still prohibits dispensaries from being located within residential areas or within 1,000 feet of licensed child-care facilities, playgrounds, schools, youth centers and/or other dispensaries. The ordinance would also limit the dispensaries to operate only between 10 a.m. and 8 p.m. The approved ordinance also restricts distribution of marijuana to members of the dispensaries only and bans the production of "edible" marijuana products. Dispensaries under the ordinance would also be limited to having no more than four pounds of marijuana at the dispensary location. Now if you really want to get to the nitty gritty of the council meeting, then read on brave traveler for the rest of what the council decided Tuesday. The first item of the night saw the council agree to sell just over 10,600 square feet of city-owned property at 1652-1660 West 15th St. to a "long-time eastside business" for industrial redevelopment. While the city agreed to a sale price for the city property of $371,675, it cost the Redevelopment Agency just over $1 million to acquire and process the property, for a net loss on the deal to the RDA of $674,280. The sale also gives the new owners, the McFadden Family Trust, ownership of the entire city block between Santa Fe Avenue and Canal Avenue and bordered by 15th Street on the north and Cowles Street on the south. The Trust also owns one-quarter of the city block immediately south of Cowles Street . The next item saw the council give approval to a business named Pizza Pi located at 649 E. Broadway, for a short-term permit to allow entertainment (without dancing by patrons). The business hopes to have karaoke, belly dancing performances and other live music. Following several comments from the public on various subjects, the council turned to the six items on the consent calendar, which passed unanimously without discussion. These items included referring just over $5 million in recent claims against the city to the City Attorney's office; approval to execute a annual $275,000 contract for maintenance and repair service for various vehicles in the city fleet; a contract extension through December, 2010, for work to restore a stream at El Dorado Nature Center; acceptance of just over $140,000 in federal grant funds to be used for Ramona Park improvements; approval of a person-to-person liquor license transfer for Muldoons Saloon at 5646-48 Paramount Blvd.; and, approval to receive and file the minutes of the Civil Service Commission's Oct. 21 meeting. So, less than 20 minutes into the meeting and the council had already moved on to the regular agenda, which this week contained 13 items. First up was a motion to request a report from the City Manager in three weeks on staffing and service levels at the city's 9-1-1 call center. However, City manager Pat West indicated that city hall staff had already prepared something for presentation, at which point the council agreed to amend the agenda item to include an immediate discussion of the staff report at the next Public Safety meeting. Lerch then moved and received consent, to move the next item, the medical marijuana item, to the end of the meeting. With this approved, the council moved on to the next item--approval of a contract with SCE for the implementation of the 2010-2012 Energy Efficiency Partnership Program. During the vote on this item, Councilmember Gabelich asked to return to the 9-1-1 report, which was approved following approval of the SCE contract. Gabelich sated that the call center report showed that staffing levels have remained consistent over the past five years, but that their remain six budgeted yet vacant positions at the center. "What caused the drop in the response times, when we fell under the standards during the summer?" asked Gabelich. Police Department Deputy Chief J.J. Craig, head of the police Support Bureau, said that the cause goes back to the call center's implementation of wireless 9-1-1 in November, 2008. Prior to this implementation, 9-1-1 calls from cell phones were routed to the California Highway Patrol before being transferred to the city call center. The implementation was phased in, with the city taking over calls from different cell service providers at roughly one per month until march, 2009, when all providers were routed directly to the city call center. While expected by the LBPD, the traditionally higher call period of the summer months caused the response times to dip below the state standard for wireless 9-1-1 calls. "Since that time...once the summer months were over and with some adjustments to staffing that we made, we are back over the state standard," said Craig. The Deputy Chief also said that the department is continuing its efforts to fill the vacant call center positions. Gabelich pointed out that from October 2008 to October 2009, there has been just over a 68 percent increase in 9-1-1 calls to the center. Gabelich said she was concerned that given the increase in calls and the still vacant positions, that perhaps the transfer of wireless calls to the city call center was implemented too quickly and that she was hopeful the vacant positions would be filled quickly. The council then returned to the regular agenda, approving contract amendments to the tune of $380,000 with various One-Stop Career Center Service Providers in support of the Workforce Investment Network’s employment services. The council next approved the receipt of $400,000 in state funds and $100,000 in federal funds to implement a local Clean Energy Workforce Training Program and to execute a contract with Long Beach Community College District in the amount of $390,000 to provide training services. The next item saw the approval of contracts, paid for from just over $1.2 million in federal monies, with various "institutions of higher learning" to provide classroom and skills upgrade training for vocational programs. Council members next approved the change of a 100-foot stretch of Oregon Avenue behind Jesse James' West Coast Choppers shop to West Coast Choppers Place . The next item saw the council approve the acquisition by the City manager's office of office space for the City's 8th Council District field office at 5641 Atlantic Ave. The move, according to Gabelich, will save the district more than $27,000 a year. The next item, composed of three separate motions and all approved unanimously, concerned the receipt of certain findings related to the Central, North, and Downtown Redevelopment Project Area Funds. Council members then approved the issuance of revenue bonds by the California Statewide Community Development Authority to benefit New Hope Home, L.P. in an amount not to exceed $9,000,000. The funds will be used to finance the acquisition and rehabilitation of New Hope Home, a 140-unit affordable senior rental housing complex, located at 1150 New York St . The project was originally approved last year, but according to the City Manager, the downturn in the economy caused it to be shelved temporarily. The last of the previously moved regular agenda items saw the approval of a recommendation to authorize the City Manager to execute all documents related to the widening of Pacific Coast Highway at Second Street. One ordinance motion, concerning landscaping standards for public right-of-way, was also approved unanimously before the council returned to the skipped item--public comment and discussion of a draft ordinance on medical marijuana dispensaries. Ironically, Skipper Lerch, noticing that the meeting had only run about 40 minutes, chimed in with, "Now if we hurry up we can be out of here by 6 o'clock." Click here to read our policy on covering the Long Beach City Council. Comments
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observer I think the headline here is pretty misleading. The draft was gutted. Major changes were made. And rather than being approved, it was sent back to the drawing board. When it returns to council it will be a new draft, not a first reading. Saying the council approved the draft is inaccurate Dope id dumb Do we really need that many pot shops? Cant the city place a special users tax on them so the city can ge more revenue? FlyOnTheWall Great job summarizing the evening. Best synopsis I've seen of the Council. Keep it up! Erin A stellar summary! This totally kicks the P-T coverage to the curb. Can we get a recap every week? Good to know that RDA lost $674,280 of our taxpayer dollars to an already-wealth Family Trust. That's bigger news than the pot ordinance! That money could have paid for a lot of new sidewalks or new facade improvements! Pot on Pine A "dispensary" just opened on Pine Avenue of all places. A few doors down from Gold's Gym. The City Council should be ashamed of itself for allowing this. Richard The City has nothing to be ashamed of! Voters wanted this and until you get sick, you'll never know. Mind your own business and I guarantee no pot-smoking cancer patient will ever bother you. must smoke plan whose dumb idea was it that it must be smoked some lung cancer patients don't like to smoke Sophia What happens when marijuana dispensaries crop up in a city? Greed and marijuana take over. Drug dealers rent homes, grow marijuana in them, and then leave when homes are thoroughly saturated with water from internal irrigation of marijuana. All the while, they make astouding profits, bypassing the legal route for selling medical marijuana. Drug dealers are not the only profiteers in the city of Arcata, California. The local electric company loves the status quo; their profits are astronomical. Here's why. Drug dealers have a whopping monthly electic bill between $5,000 and $10,000 per month, depending on the size of a dealer's business. To grow marijuana inside a home requires lamps and equipment to irrigate reguarly and automatically, an expensive operation, hence the huge electric bills. Landlords benefit too, in the short run. While they used to charge middle class renters on average $900 per month, they now charge $2,000 to $3,000 per month, as they know the upscale renters can afford to pay out. The city council of Arcata in California, of course, does not object as it is growing its tax base, as well. If you get a chance, watch the scathing expose on the effects of medical marijuana dispensaries in the city of Arcata; the Arts and Entertainment channel aired the episode in mid October. lily828 Keith! I hate to sound snarky, but have you heard of the inverted pyramid in journalism? It means put the most important information first (it's called a lead in journal-ese.) Must we wade through miles of council minutiae to finally, at the very end, get to the actual meat of the story (mentioned in the headline): "Council Approves Draft Pot Shop Law" ?? Pam To "Must Smoke Plan"--you're absolutely right. Why they are getting rid of edibles doesn't make any sense. There are people who can't or don't want to smoke. What can the reasoning be behind that? As a patient, I'm so glad that the start of regulations has begun. We definitely need these dispenseries and they need to be regulated. Good! Paul POT IS NOT HARMLESS. I have seen it ruin lives by making people stupid and lazy. Do it like any class of hard drug, through a drug store, or a State run dispensary with all costs covered by the user. This will harm the image of the city again, as a low class place of tweekers and other druggies because legit patients will be in the minorty.Only this Council that voted to bus in homeless people would come up with an approval of an unworkable plan. Dr. H No edible marijuana? What's the difference? Edible marijuana has different medical qualities than smoking and has much better effects on some illnesses. I suffer from a very painful chronic illness called ulcerative colitis. Edible marijuana can sometimes be the difference between going to the hospital and not. I don't know how to make the stuff.... Why can't the people that know how to make these things do it rather than I? ladyofargonne Passing a law against edibles shows complete ignorance. Some people genuinely suffering from a condition CAN NOT smoke. Eating is the only way they can absorb the product. Long Beach is not considering the people this law was actually passed to serve. Brian Great recap of the council meeting, please continue to do this every week. Thanks Summer Is it just me or was there no mention of an age limit to enter the dispensaries? It should at least be 18 and up, and if children do need it for some illness then they should have parental consent. I personally knew a 16 year old who was "legally" getting it on her own and shouldn't have been. Also, ditto to the comments on the ban on edibles, it's just silly. Funny that there is more of a problem with people being addicted to over the counter prescription drugs and you don't see people complaining about all of the pharmacies near their neighborhoods. A sign of prejudice, maybe? Legalize. Regulate. Tax. Peace. observer 1. Under the proposed ordinance, edibles are not banned. SALES of edibles - sales of any kind, in fact - are banned. Edibles are fine to distribute the same way dried marijuana is. 2. Council isnt "allowing" anything; state law allows medical marijuana! This ordinance is about regulating, not whether or not to allow, dispensaries. 3. There is an age limit of 18 to enter or join, unless a patient is a minor accompanied by a parent or guardian 4. inverted pyramid journalism went out of style in the 80's Sophia To Observor: The city council can regulate dispenseries to a trickle if they want to, if the public is outraged enough. WrigleyWriter Sounds like some confusion on the issue of "edible" marijuana. Keith's article says the "production" will be banned. In my mind, that would mean they can't cook up the brownies (or whatever) at the dispensary. Maybe LBPOST can ask Shannon himself for clarification. Also, the RDA news warrants its own headline. That the City would seek relief from its budget woes by cutting services and freezing employee salaries, then turn around and cut this kind of deal with a real estate developer is abhorrent! Cindi I just don't understand why people can't make their own marijuana brownies or cookies etc??? I have a friend who had a medical marijuana brownie from a dispensary in a white bag like it came from the dohnut shop....it was in his fridge.... A kid or anyone could have ate it... it looks too harmless. Make your own pot food like the good old days people! It needs to be regulated like other food you buy at the store! And the dispensaries should not be on the same block as residential homes. This is not fair to the people who bought real estate in the area. I don't see why pot people can't drive to the commercial district to get their pot! WHy do we have to have one on every corner (excuse me every 1000feet). Long Beach will be Haight Ashbury soon. Kevin Sick people don’t have the strength, time or knowhow to make eatables for themselves. Should cancer patients make their own drugs because they could be mistaken for Aspin. FYI, the city council is asking that it be made by a certified kitchen just like a bakery would have to do….some places in LA already do that and some even have kosher products. I have no problem with having a dispensary on my block. In fact I encourage it because my real-estate will go up, not down. Certainly better then the all the empty storefronts on Pine Ave. Did it ever occur to you not all patients are well enough to drive? Height Ashbury changed the world, if you don’t like that bring back the draft, ban women from the work place and go back to baking cookies. Greggory The first comment here, by observer, is correct: Mr. Higginbotham is completely mistaken when he says that the Council approved a draft; quite the contrary, in fact. Also, I'm sorry to say that most every detail he lists concerning this matter is in error. Michael There are people alive today, although they are dying off fast, who smoked pot legally. Pot was legal until 1937 when it was made illegal due to the work of two men: William Randolph Hearst and Henry J. Anslinger. Hearst had his papers print totally phony stories about pot causing Maeinas to rape white women, and Anslinger, who was head of the Federal Narcotics Bureau wanted to have a bigger agency and bigger budget. Since 1937, there has never been a study done by a disinterested outsider that has advocated maintaining pot's illegal status. The people who screech about it are simply victims of another law enforcement make-work scam. Cindi Regarding Kevin's response to my comment: Kevin... I don't expect sick people to make their own aspirin for heaven's sake. Your argument is that sick people can't make their own food. So do they not eat? Whoever makes their food can make thier edibles. Having a certified bakery make edible pot food is fine. Just like a certified drug lab makes aspirin!! AND SELLS IT AT A DRUG STORE OR PHARMACY WHERE IT BELONGS!! observer 1. MAYBE, if there were a public outcry, the Council COULD regulate dispensaries almost out of existence - though the courts may rule such actions illegal, that's still being worked out. However, judging by public comments at Council meetings, on the web, in the papers, etc, the public has actually been overwhelmingly in favor of regulated medical marijuana being available in Long Beach - not putting it out of business. 2. Marijuana cannot be sold in pharmacies until the US Congress changes it from Schedule I. Pharmacies are subject to federal regulations that make this illegal. Prescriptions for marijuana are illegal; doctors can write "recommendations" for it only. 3. Under California law, laws are required to err on the side of being *less*, not more, restrictive. Why ban edibles? Unless you can make a compelling argument to do so, it's bad public policy. If marijuana is legal, then eating it should remain legal. Medical marijuana laws allow people to assist patients in taking this medicine. Some people cannot smoke. They may also be unable to cook. Many cancer or AIDS patients order food, get meals on wheels, or have food prepared by a professional service. None of these methods allows for baking medical marijuana foods. Also, imagine you had to bake everytime you needed more medicine - and you have cancer, or MS, or some painful, debilitating condition. It just makes no sense to go after edibles. Fortunately, NEITHER THE ORDINANCE PROPOSED BY MR SHANNON, NOR CHANGES HAMMERED OUT BY COUNCIL BANS EDIBLES. Shannon's ordinance banned sale and manufacture for sale for both edibles and "marijuana" generally. Under the proposed regulations, there is NO DIFFERENCE between edibles and normal dried marijuana. observer YOu can walk into Rite Aid with your kids and buy a gallon of Jack Daniels. You can buy many other drugs that can KILL a child if she swallows just a little more than the required dose - aspirin, tylenol, sleeping pills, cough syrup, cold medicine, diet pills, etc etc etc. We trust the public to store alcohol and medications at home where their kids cant get it - including beer and wine and liquor possibly being stored - guess where? - in the fridge! But we cant trust someone to properly store a pot brownie? Tell me you're not biased! Cindi Observer: my point was that the edible marijuana was packaged in a white bag and looked like a BROWNIE. Kids eat brownies. Actually I am not biased. I really don'think pot is "bad"... I just have a very strong and fact based opinion that the majority of these dispensory customers are not cancer patients.... they are people who create back aches and other reasons to get pot easy. And then those people give it to their pot smoking buddies... This is a fact. No big deal.... just a fact. Long BEach already has a reputation of being a druggee city. thanks in part to Snoop Dog and Sublime. :) Sending a message that we are the most liberal town on pot is not good for business travel, tourism etc... unless you want to attract people who are really cool with people who are really cool about drugs. We need to get rid of our druggee rap not re-inforce it as an identity. observer People also abuse alcohol and prescription meds - that's a fact, too. That stuff's on every corner, though, isn't it? I don't see that allowing some collectives to operate - in alignment with the will of a majority of voters throughout California and, make no mistake, in Long Beach - makes us the "most liberal" city on this issue or on "drugs". As to protecting kids (the argument of last resort, as usual) from brownies - wine looks like Kool Aid. Pills look like candy. If a few stupid people leave a pot brownie where their kids can get it, and those kids don't have the sense and courtesy to ask before eating mom and dad's goodies, that's no reason to ban the stuff, anymore than all the kids who get drunk on their parent's liquor, smoke their parents cigarettes, and shoot their friends with their parents guns means we should ban those things. At least nobody will die from a potbrownie - whereas mom's vodka and dad's gun may equal one very dead kid. Finally, not everyone has to have cancer to benefit from medicinal cannabis. The fact is, a medical doctor's recommendation after actually examining someone is worth a lot more than your casual diagnosis of people you see on the street. Anxiety, insomnia, migraines, appetite loss associated with many conditions - the list of ailments that would not necessarily be apparently debilitating is long. Do the people on line at rite-aid, buying pills and elixirs all look sick and disabled? Get over your very obvious bias. Reeverse @Observer: Here here! Well said. Disgusted This is all about money. Typical of American government. Politicians are scum! Josh Cindi: you said "most liberal town on pot is not good for business" well I hate to inform you but countries and cities with liberal pot laws are the most visited by tourists. I would much rather have cool people hang out with cool people then a ship full of rednecks, blue hairs and church ladies. FYI Long Beach has never had a clean reputation. It once was a naval town full of bars, tattoo parlors, brothels and bath houses.
City Beat
Keith Higginbotham takes you inside City Hall and reports weekly on the decisions being made.
Keith Higginbotham is a freelance journalist and writer who most recently served as the West Coast editor for the trade magazine American Shipper, covering the shipping and logistics industries. Prior to this, he served as the Advertising and Multimedia Manager for the Port of Long Beach. He began his journalism career more than a decade ago as the Trade and Transportation beat reporter at the Long Beach Press-Telegram.
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