San Leandro Puts Moratorium on MMJ Clubs

http://www.insidebayarea.com/review/ci_2483797
Hayward Review Dec 8, 2004

Another fire put out: Pot clinics snuffed
Memories of crematory fiasco lead to 'pre-emptive' 45-day dispensary
ban in San Leandro

By Tasha Bartholomew, STAFF WRITER

SAN LEANDRO - As a precautionary measure to avoid another smoky
situation, the City Council has decided to temporarily ban any
medical marijuana clinics from coming into town.

During a public hearing Monday night, the seven-member council
unanimously approved an interim urgency ordinance that prohibits the
consideration and approval of any new medical marijuana dispensaries
within the city for 45 days.

The city staff will immediately begin a study of the potential
impacts of medical marijuana dispensaries, and possible amendments to
the city's zoning code related to that use. The moratorium may be
extended for up to a year or until the new zoning regulations are
adopted, whichever occurs first.

"This is pre-emptive," Mayor Shelia Young said of the move. "I'm
sick to death of being a reactionary council. I told (City Manager)
John (Jermanis) we want to take care of this now. No one has asked
yet, but I really want to be proactive on this and be prepared if
someone does ask."

Eight years ago the voters of California approved Proposition 215,
better known to most as the "Compassionate Use Act of 1996." The
proposition allows people, with their doctors' approval, to use
marijuana for medicinal purposes.

The Legislature enacted Senate Bill 420 to clarify the scope of
Prop. 215 and to allow cities and other governing bodies to adopt and
enforce rules and regulations consistent with the bill.

According to Planning Manager Debbie Pollart, the San Leandro
municipal and zoning codes have no specific guidelines for medical
marijuana dispensaries.

Because restrictions have gotten tighterin neighboring jurisdictions
- such as Ashland, Cherryland, Hayward and Oakland - city officials
decided to do something about the issue before residents get fired up
about it.

"I don't want this to be another crematorium issue," Young said.

About four months ago, the city dealt with another hot topic when a
company called All Faiths Crematory wanted to operate inside a
building in the Timothy Drive neighborhood in west San Leandro.
Hundreds of community members showed up to council meetings opposing
the crematory because of potential health and safety threats.

In October, the issue was laid to rest when the council voted to ban
crematories from coming anywhere within San Leandro city limits.

Like Young, Vice Mayor Orval Badger said he doesn't want to end up
in another situation where residents wonder "how the council let this
happen again."

"While we're not opposed to medical clinics or people receiving
proper medication, we have to take a long, hard look at clubs that
dispense what is generally known to be illicit drugs," Badger said.

Tasha Bartholomew covers the city of San Leandro and Ashland.
Call her at (510) 293-2471 or send e-mail to
tbartholomew [at] dailyreviewonline.com.