The interim ordinance passed by the City Council will not affect medical marijuana facilities that already exist. Also at the meeting, the city announces it has applied for a grant for the development of a storm water management program on the Chili Cook-Off site.
By Ward Lauren / Special to The Malibu Times
By a unanimous vote, the City Council on Monday adopted an interim-emergency ordinance to prohibit the formation of medicinal marijuana establishments in the city.
“The ordinance is just a moratorium to maintain the status quo,” City Attorney Christi Hogin said. “It will not have a direct effect on any existing dispensaries currently operating in Malibu. The moratorium would prohibit the establishment of any new medical marijuana dispensaries… until the [city] staff can come up with some regulations that would control where and under what circumstances they can be created.”
In presenting the issue to the council before the vote, Hogin said its origin was in “The Compassionate Use Act of 1996,” in which California voters authorized an individual to grow and use marijuana for personal medical purposes on a physician’s recommendation. Although the act does not expressly authorize medical marijuana dispensaries, some believe the law implies authorization for dispensaries to operate, Hogin said.
“There are some people who might argue that a medical marijuana dispensary is like a pharmacy,” Hogin said. “It is not, because a pharmacy dispenses controlled substances by prescriptions from a doctor.”
Stephen Berkowitz, an attorney speaking on behalf of PCH Collective, a medical marijuana dispensary already operating in Malibu, said his client is similar to pharmacies, regulated by the state. He said there were more than 200 such dispensaries in existence.
“Understand what we’re dealing with here,” Berkowitz said. “A product that is used for the health of people, that relieves chronic pain. For a moratorium to be granted… you are simply further burdening the residents of this city. Remember, this was approved by the voters of this city and this county. There is no evidence that a moratorium should be put in force.”
In staff discussion before the vote, Councilmember Pamela Conley Ulich asked if it were true that the Federal Drug Enforcement Agency was “busting these establishments.” Hogin said it is true because federal law prohibits them, with the U.S. government taking the position that the distribution and use of marijuana for medicinal purposes violates federal drug laws.
Although the DEA’s enforcement efforts have been inexplicably inconsistent, Hogin said, the agency has from time to time raided and shut down some medical marijuana dispensaries in California. And as for the city’s action under consideration, “We are not required to have evidence in order to enact a moritorium,” she said.
Legacy Park progress reported
The city has submitted a $3 million grant application to the State Water Resources Control Board to cover the cost of the planned storm water management program for the city-owned Chili Cook-Off site, Interim Public Works Director Granville “Bow” Bowman said at the meeting. In buying the Chili Cook-Off site, which eventually will be renamed Legacy Park, the city had planned for the property to be part of a wastewater/storm water treatment program, with storm water runoff being curbed through the creation of wetlands, a small pond and other habitats.
“The results of the application should be known by this fall,” Bowman said. “It should be noted that the grant application was crafted in a manner that does not foreclose on the city seeking additional grants and funding sources based on other components of the project, such as parks.”
Bowman’s comments came as a monthly update from the Legacy Project team, which was created by City Manager Jim Thorsen to provide guidance and staff input to the planning, design and financing of the development of Legacy Park. The team members are Thorsen, City Grants Writer Consultant Barbara Cameron, Administrative Services Director Reva Feldman, Environmental and Community Development Director Vic Peterson, Parks and Recreation Director Bob Stallings and Bowman (soon to be replaced by incoming Public Works Director Bob Brager).
At the team’s first meeting on June 5, Bowman said, Bruce Douglas (senior wastewater project manager for Questa Engineering Corp.), reviewed the studies, parameters and concepts that were developed by Questa for the city utilizing Legacy Park for storm water and wastewater management. This led to the submission of the grant application, which seeks funds from the Water Resources Control Board’s 2006 consolidated grants program, specifically targeting the storm water runoff component.
Appeal of Bonsall
permit denied
In further action, the council voted to deny the appeal of a coastal development permit approved by the Planning Commission for a new single-family home on Bonsall Drive. The appeal, made by a residential group called the Concerned Residents of Zuma Mesa, was based on a number of issues, including the legal status of a trail across the property, to which access by the appellants would be blocked by the new home.
Ten speakers from the residential group made statements regarding the uses and locations of past and present trails, and either the efficacy or inadequacy of an easement offered by the owners of the proposed new home to solve the problem. After considerable discussion, the council, with members Pamela Conley Ulich abstaining and Andy Stern voting against, passed the resolution denying the appeal.