California, El Cerrito

[palmspringsbum]

Posted on Wed, May. 17, 2006

El Cerrito leans toward cannabis club approval

Changes to zoning would allow dispensaries to operate in limited area

By Alan Lopez
CONTRA COSTA TIMES

The El Cerrito Planning Commission will consider recommending changes next month to the city's zoning ordinance that would allow a medical marijuana dispensary to operate in a three-block area on the city's north side.

At its Monday night meeting, the City Council approved the first reading of an ordinance requiring a use permit for such facilities. The council will have to approve a second reading of the ordinance as well as the recommended zoning changes before a dispensary can operate.

Under the proposed zoning changes that will go to the Planning Commission, dispensaries could open within three blocks along San Pablo Avenue between Knott Avenue and Rose Street.

The council moved forward with the dispensary regulations as a compromise between state and federal laws, which are at odds over the legality of medical marijuana.

"The state of the law is still not certain," City Attorney Janet Coleson said.

Medical marijuana is legal under Prop. 215, the "Compassionate Use Act," which California voters approved in 1996. However, federal law classifies marijuana as an illegal drug with no medical use.

In response to inquiries for opening a medical marijuana facility, the El Cerrito council adopted moratoriums, the third of which is set to expire July 19. State law prohibits the city from putting off the issue any longer.

Other cities are also grappling with the issue.

In early May, San Pablo extended its cannabis club moratorium for an additional year. Hercules banned medical marijuana facilities the same month. Dublin is headed in that direction.

Albany is considering adopting an ordinance that would allow one dispensary in that city. The council, which recently approved an additional one-year moratorium, will likely place the issue before voters in November for an advisory vote, Albany City Attorney Robert Zweben said.

The El Cerrito ordinance would require dispensaries to operate between 8 a.m. and 5 p.m.; and would prohibit cultivation or consumption on site.

According to the proposed zoning changes to be considered by the Planning Commission, medical marijuana dispensaries will not operate within 1,200 feet of each other; within 350 feet of any residential districts; within 500 feet of a school, or a religious or community facility; or within 300 feet of any park.


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Reach Alan Lopez at 510-243-3578 or e-mail alopez1@cctimes.com.

[budman]

Posted on Tue, Jun. 06, 2006

El Cerrito to consider banning cannabis clubs
By Alan Lopez
CONTRA COSTA TIMES

Later this month, the El Cerrito City Council will consider banning medical marijuana dispensaries after failing to approve Monday night an ordinance that would have allowed the facilities within a three-block radius on San Pablo Avenue.

The city attorney had recommended that the council approve an ordinance allowing a cannabis club to operate between the Honda of El Cerrito dealership and Starbucks on San Pablo Avenue on the north side of town. Last month, the council gave the first of two approvals necessary for the city to adopt the ordinance.

On Monday night, the ordinance failed to receive a second approval. Two council members voted for it and two against. Councilwoman Letitia Moore was absent.

The council then voted 3-1 for city staff to come back June 19 with an ordinance that would prohibit medical marijuana dispensaries in El Cerrito, City Attorney Janet Coleson said.

The council's action also means that the city Planning Commission will not consider zoning changes that would have allowed the facilities, Coleson said. The planning commission had been scheduled to take up the matter in June.

[Midnight toker]

Posted on Tue, Jun. 20, 2006

El Cerrito moves to ban cannabis clubs

By Alan Lopez
CONTRA COSTA TIMES

El Cerrito's City Council took the first step Monday toward banning medical marijuana facilities in the city, following police department report that compiled a list of problems with such facilities.

The 19-page report details a number of "secondary effects" related to cannabis clubs -- including robberies, assaults, burglaries, homicides and attempted homicides -- that have been documented in other cities.

Three residents from the Alta Punta neighborhood near the Del Norte BART station pleaded with the City Council to ban medical marijuana facilities because of the perception that the area already sees a great deal of crime.

"I can only imagine what will happen if a pot club is added to that vicinity," resident Bea O'Keefe said.

Last month, the council took a step toward approving a law that would have allowed such facilities to operate within three blocks on the west side of San Pablo Avenue near the Del Norte BART station.

In an about-face Monday night, it approved by a 3-1 vote the first reading of a law that would ban the facilities altogether. On July 17, it will consider approving a second reading of the law, which is required for it to become law.

Several residents urged the council Monday to go along with its original plan, saying the drug helped people cope with chronic pain. One man also downplayed reports that pot clubs have been linked to crime.

"We have crime anyway in El Cerrito if you read the police blotter," he said.

The recent police report includes a snippet of a news story detailing an "invasion-style" armed robbery in November 2003 at a medical marijuana club in Oakland's so-called Oaksterdam District. Four men took several ounces of marijuana and cash but no one was injured.

In Berkeley, dispensaries have been robbed several times since 2000.

In Santa Rosa, there was a homicide during a residential robbery where the suspects sought medical marijuana cultivated for a dispensary, according to the report.

Following the meeting, Police Chief Scott Kirkland said it was difficult to draw any conclusions because comprehensive and "before and after" statistics have not been collected.

"The purpose (of the report) was not to draw any conclusions of the right or wrongness of the topic," Kirkland said. "It was information."

The council ultimately voted to go with a ban, with Mayor Pro Tem Letitia Moore dissenting.

"I'd rather regulate than ban because I expect we will be sued," Moore said. "Not because we're doing anything different from other cities but this is the playing field right now."

"Where would you move it, what neighborhood would endorse it?" Councilwoman Jan Bridges asked. "I don't think (El Cerrito) Plaza neighbors would want it anymore than Del Norte would."

Councilman Bill Jones and Mayor Janet Abelson voted with Bridges but said they would reconsider the ban when the law governing medical marijuana is less murky.

Federal law prohibits use of marijuana for any reason, while state law allows it for medical use under Prop. 215, which California voters approved in 1996.

Several speakers said the subject required more discussion.

The council approved a 45-day moratorium on medical marijuana facilities in July 2004 after the city received inquiries for opening such a facility.

Two additional moratoriums the council approved expire July 19. State law prohibits further extensions.

Mikki Norris, a volunteer petitioner for Prop. 215, said there were more than 200 dispensaries in the state.

"They have been operating generally pretty well," she said. "They have had a few (crime) problems but a lot of businesses have had problems as well."


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Reach Alan Lopez at 510-243-3578 or e-mail alopez1@cctimes.com.

[budman]

Government Meetings

The Contra Costa Times
July 16, 2006

Monday

El Cerrito City Council -- 7:30 p.m., City Council Chamber, 7007 Moeser Lane. 510-215-4305. The council will discuss the city's unfunded capital needs; will hold a public hearing for an integrated waste-management fee increase; will consider approving a second reading of an ordinance prohibiting medical marijuana dispensaries; and will hold a hearing for fire hazard abatement.