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News (Media Awareness Project) - US CA: L.A. Council Puts Off Pot Dispensaries Vote
Title:US CA: L.A. Council Puts Off Pot Dispensaries Vote
Published On:2009-12-10
Source:Los Angeles Times (CA)
Fetched On:2009-12-11 17:35:05
L.A. COUNCIL PUTS OFF POT DISPENSARIES VOTE

Delay Arises From Fears That the Measure Would Effectvely Ban the
Outlets in Most Areas of the City.

The Los Angeles City Council on Wednesday shunted a vote on its
much-delayed medical marijuana ordinance most likely into next year,
worried that the draft proposal could eliminate most dispensaries and
lead to just a few "big-box" pot stores in isolated industrial areas.

The unexpected decision slowed the breakneck schedule the council had
adhered to in recent weeks in its drive to pass an ordinance before
the end of the year. The council has been on fast-forward since
October, when a judge ruled that the city's moratorium on
dispensaries was invalid, leaving Los Angeles with almost no power to
shut down hundreds that have opened without permission in the last two years.

But key council members had second thoughts about the council's
decision Tuesday to require dispensaries to be at least 1,000 feet
from any residences. The council, at the end of a marathon session,
voted for the amendment even though city planners warned that it
might eliminate most locations.

"I think by doing that, we just gutted the entire work that we have
done," said council President Eric Garcetti, who pressed for the delay.

He said that he believed the council's decision Tuesday to cap the
number of dispensaries at 70 "is very cynical when in reality we know
there's going to be about five or 10 mega-dispensaries that would be
in industrial parks, and that's it."

Overnight, the council appeared to shift its stance from speedily
enacting a very restrictive ordinance that could be softened later to
making sure the ordinance is right the first time. "I'm glad that
we're not rushing something through," Garcetti said. "We can't get this wrong."

Over the objections of several members, the council decided to wait
until the Planning Department can finish maps that show how many
sites are available 500 feet and 1,000 feet from so-called sensitive
uses, such as schools, parks, churches and residences.

S. Gail Goldberg, the city planning director, said she would like to
finish both versions for each of the city's 35 community plan areas
by next Wednesday, when the council is scheduled to review them. "I
actually have my mapping people not doing anything else right now,"
she said. "I want to get this done."

Councilman Ed Reyes, who oversaw the effort to write an ordinance,
urged the council to "just take a deep breath" and wait for the maps.

"We are going to find that we have literally restricted this thing
out of the city and that we will see ourselves in court because of
the position we put ourselves in," he said.

The council has known for years that it was likely to restrict
dispensary locations. More than four years ago, then-Police Chief
William J. Bratton recommended that dispensaries be kept from
neighborhoods, schools and recreational areas. The first draft
ordinance, written 20 months ago, prohibited dispensaries within a
1,000-foot radius of a list of sensitive uses that is similar to
those in the current draft.

Reyes said he asked for the maps several months ago. City planners
did submit sample maps in September for two community plan areas
using 1,000-foot buffers.

Goldberg said the planning department, with its limited resources,
was unable to complete the maps before the council altered the
location criteria, which means the mappers have to take new data into account.

"This was a huge task for the Planning Department to take on," she said.

Alan Bell, a senior city planner, said that creating the maps
involves analyzing multiple sets of data and making calculations for
every radius drawn. "It's not as simple as pushing a button," he
said. "I have to say what we've done in the last few months has been
unprecedented."

Garcetti said he studied his council district Tuesday night and could
not find any locations for dispensaries. "I was worried that all the
work we had done and everything that we wanted to do had gone to the
wind," he said. After some debate over removing residences from the
list, Garcetti asked the council to wait for the maps. "Then we'll be
able to do something that is . . . logical and fair," he said.

A few council members urged the council not to put off a vote on the ordinance.

"We could have voted today. We have enough information. We don't need
the maps," said Councilman Jose Huizar. "We have come a long way, and
I think we have an ordinance that strikes a balance between
neighborhood concerns and access."

Reyes said he did not think the delay would make much difference and
could lead to a better ordinance. "Let's be frank," he told the
council, "not much is going to happen between now and the holidays."

But Councilman Richard Alarcon said, "I say we do it and then we can
truly have happy holidays."
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