ONGOING COURT CASE MAY THREATEN FORTUNA'S DISPENSARY BAN

FORTUNA -- The City Council is scheduled to discuss a few options
Monday in the event that an ongoing court case determines that
banning marijuana dispensaries is not allowed.

Almost exactly one year ago, the council adopted an ordinance
prohibiting medical marijuana dispensaries within Fortuna city
limits. At the time, City Manager Duane Rigge said the intent wasn't
to prevent those with 215 cards from using medical marijuana, but to
prevent the crime that can be associated with dispensaries.

In a report to the council by City Attorney David Tranberg and Rigge
for Monday's meeting, it's noted that the city of Anaheim was sued
shortly after the municipality banned medical marijuana dispensaries.

"The city has successfully prevailed in both the trial court and the
appellate court so far ...," the report said. "The California Supreme
Court has scheduled oral arguments in the case for late September."

In the event the state Supreme Court permits regulation but not
prohibition, the city's ordinance would be invalid.

The city manager and attorney are recommending the council begin
looking at the type of medical marijuana dispensaries it would
prefer, should the court outlaw full-scale prohibitions of such businesses.

In other matters, the council will hold a public hearing to revise
the city's fines for parking violations.

Police Chief Kris Kitna's report to the council states that new state
regulations require the city to send an additional $4.50 to the
county for each parking citation issued. Those funds are earmarked
for the "Court Facilities Construction Fund," and the "Immediate
Critical Needs Account." Currently, the city submits $5 to the county
for every parking citation.

To meet the budgeted revenue from parking citations, Kitna is
suggesting the council consider increasing parking fees.

Some of the proposed increases are $25 to $30 for parking in no
parking areas; $20 to $30 for exceeding the allowed time in timed
zones and $35 to $40 for abandoned vehicles.

A full copy of the council's agenda for Monday's meeting may be
viewed on the city's Web site, www.friendlyfortuna.com, or, during
business hours, at Fortuna City Hall, 621 11th St.

If You Go:

What: Fortuna City Council

When: 6 p.m. Monday

Where: Fortuna City Hall, 621 11th St.