MEDICAL MARIJUANA ORDINANCE UP FOR APPROVAL TUESDAY IN EUREKA

Eureka's medical marijuana ordinance will be back before the Eureka
City Council on Tuesday for possible approval after months of
debates, town hall meetings and a moratorium.

The ordinance is modeled loosely after Arcata's and will also handle
the issue with a land-use approach if passed. The council introduced
the ordinance at its July 20 meeting and made a few changes. Those
included striking the requirement for dispensaries to distribute only
to patients with medical marijuana identification cards and delaying
until 2011 the requirement to test the medical cannabis for potency
and chemicals.

According to a city staff report, the ordinance will require
additional time from Community Development Department staff, and
resources to implement and enforce the new ordinance. City staff will
also be sending out requests inviting collectives or cooperatives
interested in applying for the permits to process, cultivate or open
a distribution facility in Eureka if it is passed.

In the ordinance, provisions for personal use would allow qualified
patients to grow marijuana only in in spaces of up to 50 square feet
and only in their personal residences. While the ordinance specifies
that medical marijuana can be grown only in the residence of the
qualified patient, it does allow caretakers to come into qualified
patients' residences to grow it.

The ordinance also requires that special wiring for medical marijuana
grows receive a permit from the city's building department and that
lighting shall not exceed 1,200 watts. Using gas products is
prohibited, and there must be no external evidence of marijuana cultivation.

If the city receives information that a residence is out of
compliance, it would contact the property owner through a certified
letter to request they schedule an inspection. If the owner has not
responded after seven days, fines of $50 per day will apply and the
city will begin the process of seeking an inspection warrant.

In other matters, the council will also discuss the draft
environmental impact report for the Ridgewood Village Development
Project, which is near the intersection of Ridgewood Drive and Eggert
Road. As proposed, the project would contain about 1,400 residential
housing units, about 327,000 acres of commercial space and some open
space. City staff have recommended the city submit comments on the
EIR before the Aug. 30 closing of the comment period, citing "issues
and concerns," including adverse impacts to city public safety
resources and personnel and to other city services and resources.

The council will also consider an exclusive right to negotiate
agreement with Humboldt Waste Management Authority, and a text
amendment to streamline architectural review on historically
designated properties, among other items.

The council meeting will be at 6 p.m. Tuesday at City Hall, 531 K St., Eureka.

If you go

What: Eureka City Council meeting

When: 6 p.m. Tuesday

Where: 531 K St., Eureka