CLEARLAKE, Calif. – In less than 10 minutes during its Thursday evening meeting, the Clearlake City Council held the final reading and took public input on a new ordinance that will significantly tighten city rules regarding medical marijuana cultivation.
The council unanimously approved the final reading of Ordinance No. 181-2016, originally crafted by an ad hoc committee last fall and recommended to the council by the Clearlake Planning Commission at its December meeting.
The new ordinance's key provisions include a ban on commercial cultivation, a six-plant limit on properties of any size, an annual permitting system, and prohibitions against growing in scenic and beautification corridors, near water bodies, or close to parks, schools and daycare centers.
City Manager Greg Folsom briefly went over the changes that necessitated what he called the “second second reading.”
The ordinance went before the council for a first reading on Jan. 14, at which time Folsom said the council asked for several modifications, including reducing a permanent ban on cultivation for those guilty of repeated violations to a five-year ban, removing criminal remedies and minor wording corrections.
The document went before the council for what was expected to be its second and final reading on Jan. 28, but the council asked for several more modifications, including correcting an inaccurate modification to the ordinance regarding setbacks and adding a requirement that outstanding fines be paid prior to lifting the five-year ban.
Only two people spoke during the public comment period.
Clearlake resident Estelle Creel told the council that – although she had not read all of the document – it had holes big enough to drive a tractor trailer through and that the city was likely to be sued as a result of enforcement attempts.
Michael Green, a recent Lakeport resident and president of the Fresno Cannabis Association who had spoken to the council at its Jan. 14 meeting, lauded the council for going through the ad hoc committee process.
While he said he believed there would be some issues with the ordinance's enforcement, “I think the spirit of the law is what matters here,” and that the city would have good results if it tried to enforce the ordinance in a fair manner.
Councilman Bruno Sabatier, who was on the ad hoc committee, told his colleagues on the council, “I do also appreciate the process that we went through. It was a very engaging conversation that we all had together.”
However, he brought up issues with larger properties and said that the ad hoc committee had discussed allowing grows in detached structures in certain areas where grows are prohibited under the new rules, such as beautification zones.
He wanted to know if fellow council members were open to having a discussion about those matters at some point in the future.
Councilwoman Joyce Overton said the state gave the city the right to zone marijuana growing where appropriate, and noted that current businesses in beautification zones have a lot of stipulations they must meet.
Mayor Russell Perdock, who also was on the ad hoc committee, said the group had gathered information from different disciplines. “And we reached consensus, and from that consensus we were able to put together this proposal.”
Perdock said the ordinance is a living document that can be amended in the future.
Vice Mayor Gina Fortino Dickson agreed, explaining that the ordinance had three levels of review – community members, the planning commission and the council.
The result, she said was “what I think is going to be a very workable document for our community.”
Fortino Dickson then moved to accept the ordinance on its final reading, with Councilwoman Denise Loustalot seconding. The council approved the document in a 5-0 roll call vote.
The ordinance goes into effect in 30 days.
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Clearlake City Council approves final version of new medical marijuana cultivation ordinance
- Elizabeth Larson
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