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A little pot here, a little pot there, a little pot everywhere:
In early May, with the LAPD's closing of the American Eagle Collective dispensary, I felt a sense of relief that there was one less dispensary in town and hoped that this was the first indication of a turning tide. Sadly, that hope was to be short-lived. Like a slap in the face to the Eagle Rock Community, a "new" dispensary now occupies the space and three others have recently opened, bringing the total of 14 dispensaries in Eagle Rock.
Readers may recall that on March 23, I shared with you details of a meeting with LAPD Captain Murphy and how he planned to replicate in Eagle Rock, the process from the North Valley, that had definitively closed so many dispensaries. However, the recent opening of 4 new dispensaries destroys my expectation that, in the current climate, the efforts planned by Captain Murphy will bring this situation under control.
There are those who feel that the Council Office is not doing its job, that Councilmember Jose Huizar should be finding a way to immediately force dispensaries to close. Others blame the LAPD for not doing their job. Occasionally the City Attorney's or the District Attorney's office are also viewed as not responding to this issue. The finger pointing may make us feel better. But let's make certain we are pointing our fingers in the right direction.
We are a nation of laws. When laws are carefully crafted, they provide a basis on which law enforcement can provide the oversight in our society that we all want. However, when laws are not carefully considered and written, the ability of law enforcement to provide the order that we would need is seriously eroded. In addition, the world is filled with opportunists who will look for ways to exploit the opportunities for personal benefit found in poorly crafted legislation. Where we are today is that at the city and state level, legislation to permit and regulate the medical marijuana industry has often been poorly crafted, sometimes not standing the scrutiny of a judge. Loopholes are quickly recognized and exploited by the marijuana industry. Lawyers representing the dispensaries routinely identify basis on which to initiate, often overwhelming the City and/or District Attorney's offices with lawsuits.
Glendale and Pasadena long ago established absolute bans on dispensaries, Los Angeles tried to find a solution that was both compassionate and controlled. Because our community is surrounded by neighbors which have banned dispensaries, Eagle Rock has a very attractive dispensary customer-base, extending well beyond the borders of Eagle Rock. The proliferation of dispensaries in Eagle Rock (fourteen locations) is not typical for most other Los Angeles communities. How we got here is most important in how it can help us to make better decisions as we move forward.
In order for the voice of this community to be as loud as possible The Eagle Rock Association, the Eagle Rock Neighborhood Council and the Eagle Rock Chamber of Commerce have joined forces in urging that a remedy be found as soon as possible. We have adopted a joint statement as follows:
"We support the idea of Proposition 215 which makes medicinal grade marijuana available to seriously ill Californians. However, the lack of smart, strict and enforceable regulations (city, state and federal) has allowed the quality of life in Eagle Rock, and in other communities throughout Los Angeles, to be severely compromised by the proliferation of dispensaries. Empirical evidence abounds that the medical marijuana industry in our city has been highjacked by elements that open storefronts overnight, and conduct for-profit businesses with impunity and no concern for the community. Even for patients with a valid medical need, the lack of regulation gives patients access to a product for which no safety standards exist. We look forward to the CA Supreme Court's decisions and clarifications so that a sensible and uniform regulatory scheme can be implemented. Until that time we believe that storefront dispensaries should stop operating in Los Angeles.
Eagle Rock Neighborhood Council - Michael Larsen, President, The Eagle Rock Association, Bob Gotham, President, The Eagle Rock Chamber of Commerce - Michael Nogueira, Immediate Past President" Michael Larsen is requesting a meeting with the District Attorney's office. Representatives of the City Attorney's office, LAPD and CD14 will be encouraged to join the meeting. Our goal to is to bring the maximum amount of attention to the severity of the issue in Eagle Rock, and the need to remedy the situation as soon as possible. We will also want assurance that there is a commitment to the highest level of cooperation between the various departments. Almost every significant accomplishment requires a team effort. That principle is absolutely true in this case
I am convinced that if José Huizar could independently close every dispensary in Eagle Rock he would do it. The standard to which he should be held is whether or not he is doing all that he can to find a solution. The councilmember's latest effort is to sponsor an absolute ban, a ban that would remain in place until and unless legislation and controls are be put in place that will serve those with valid medical needs and prevent Eagle Rock or any other community by being overwhelmed by dispensaries. Based on the following statement from the Councilmember's office, I feel that he is doing what he can to resolve the glut of dispensaries in Eagle Rock:
The Planning & Land Use Management Committee unanimously approved an ordinance Tuesday proposed by Councilmember Huizar to repeal the City's medical marijuana ordinance and ban medical marijuana, while allowing limited access per state law for patients. And just last week, the City Planning Commission voted 8-0 in support of the ordinance. It was the second such vote of support by the commission for the plan.
Councilmember Huizar introduced the repeal and ban legislation after a court ruled that the City of Long Beach's medical marijuana ordinance violated federal law prohibiting marijuana use. Long Beach's ordinance is similar to Los Angeles'.
Several other court rulings and more than 50 lawsuits from medical marijuana dispensaries have left Los Angeles' medical marijuana ordinance in limbo. While the California Supreme Court recently stated they will hear the Long Beach case, as well as others, their decision could be as long as two years away.
While waiting for the state's Supreme Court to rule and bring some clarity to municipalities grappling with this issue, Councilmember Huizar thinks the City of Los Angeles needs an immediate plan to control for the over-proliferation of unchecked medical marijuana dispensaries. He also thinks that state law does not allow for sales, particularly the store-front models that have exploded in Los Angeles and elsewhere throughout the state.
The proposed ordinance will be heard in the City's Public Safety Committee on Friday, June 6th, 2012 at 8:30 a.m. at the Van Nuys City Hall Bldg., 2nd Fl., 14410 Sylvan St., 91401."
It would be easy, and probably feel good, to rant and rave about what coulda, shoulda been done. To point fingers and find departments or individuals guilty of this or that is good fodder for the news but it would not erase what has been. As I stated earlier, history should make us smarter. The City Council is considering two marijuana related proposals. The Paul Koretz sponsored proposal allows dispensaries to continue to operate under certain limitations. The Huizar sponsored proposal establishes a total ban. Many familiar with both proposals feel that the Koretz solution still leaves opportunities for dispensaries to avoid regulation by endless litigation, whereas the total ban proposal (Huizar) minimizes that potential.. Assuming the assessment is accurate, the ban represents a "lesson learned". I have my fingers crossed.
To ultimately get this under control, it will take actions at all levels of government. When and if we feel the need to point our finger, let's point it broadly. Because the solution to the marijuana dispensary issue is located from Los Angeles City Hall, to the State House in Sacramento and ultimately to the United States Congress.
 Bob Gotham, President
Not a member? Join now at http://www.tera90041.org/join-paypal.htm . Memberships begin at only $15.
Membership has benefits! Discounts are available for TERA Members at the following participating merchants. Look for the TERA Membership Decals at merchant locations. Just show your active membership card. Click on http://www.tera90041.org/benefits.htm to see the member benefits offered by each merchant.
If you are a merchant and would like to participate in this program, which includes free advertising in the eLetter, please email president@tera90041.org.
Below you will find a report published by Patch - Eagle Rock regarding the third public meeting. In the spirit of saving some time, and recognizing that Greg Maguire did a nice job of reporting the meeting, I received permission to use the Patch article in this eLetter.
The Mission Statement of this initiative includes the following statement: The Take Back the Boulevard Initiative seeks to utilize broad community feedback and involvement to make this central corridor through Eagle Rock a safe, sustainable, and vibrant street in order to stimulate economic growth, increase public safety, and enhance community pride and wellness.
As you review each of the proposed changes remember that the mission statement defines what it is we hope to accomplish. The individual changes, are not goals, but community-driven answers as to how we can meet the larger goals as defined in the Mission Statement.
Patch Eagle Rock - June 6, 2012 / By: Kevin McGuire About 60 people gathered at the Center for the Arts, Eagle Rock, Tuesday for the third "Take Back the Boulevard" meeting aimed at making the Eagle Rock stretch of Colorado Boulevard more of a main street and less of a highway.
In partnership with the office of Councilmember José Huizar, TBTB has been working diligently since September 2011 to revitalize Colorado Boulevard, making it a more user-friendly area for pedestrians, bicyclists and drivers alike.
In the past two meetings, TBTB has listened to residents and drawn out a plan based on their requests. Issues discussed ranged from adding more parallel parking and bike lanes to widening the curbs and introducing a crosswalk near Trader Joe's.
TERA President and TBTB Chair Bob Gotham kicked off the meeting by thanking all the individuals who have been dedicated to the project, especially the residents who came out in support and to voice their ideas and opinions.
"I want to thank the Eagle Rock residents who moved away their dinner tables and are here tonight to advocate for our community," Gotham said. "I would like to applaud the people who are on this team and applaud each other."
Huizar spoke next about what the initiative means to the community. "We've got to make our streets more pedestrian friendly-it builds communities, it's healthier if people are walking, it supports our local business," he said. "This effort is one that I whole-heartedly support, and I am anxious to see some of the results."
TBTB Steering Committee Member Jeff Jacobberger presented a Power Point presentation outlining the goals of the community and the progress so far. The goals include:
"Our goal is an action plan that will get results," Jacobberger told the audience. "We are in a funding-limited environment so we really want to focus on what things cost and what funding sources are available." For example, Jacobberger pointed out that that using paint for certain projects such as crosswalks is less expensive than moving curbs.
Here are some of the main topics discussed during the meeting:
The TBTB steering committee is working with the Eagle Rock Chamber of Commerce on parking issues, and a meeting with the Chamber is scheduled on June 26.
Jacobberger noted that some residents are worried about how traffic will affect the community if some of the proposed TBTB changes, such as reduced traffic lanes, are implemented.
Other issues of concern revolved around the safety of bicyclists and pedestrians; initiatives by store owners to keep sidewalks clean; and whether Eagle Rock can expect increased police presence if it becomes more of a walking community.
While TBTB has taken all community ideas into consideration, implementation depends on cost and feasibility, Jacobberger said, adding that the steering committee is still negotiating with possible funding sources for some of the proposed improvements.
A final proposal to the community will be presented during a public meeting within a few months. Meanwhile, visit http://www.takebacktheblvd.org for future updates.
Colorado Boulevard & Eagle Vista:
In the last eLetter I shared a report I received that this project was not proceeding due to the need to mitigate hazardous materials in the soil. I reached out to the developer to confirm the status of the project.
According to the developer, contrary to my report, there is no issue with the soil on this property today. Zoning and entitlement issues appear to be preventing the project from moving forward.
I hope that the developer will accept the invitation to meet with TERA representatives so that we can determine if there is a way we can assist the developer in finding a solution for another stymied project in Eagle Rock.
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