PFlynn
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Neighbors of a Sycamore Street home where medicinal marijuana is grown, appeared in front of the Gridley Planning Commission Monday evening, to give impassioned pleas for safety in their neighborhood. Monday night's Public Hearing was held to address modifications to be made to the Gridley Municipal Code in regards to Medicinal Marijuana cultivation. City staff revised the code to prohibit outdoor plant cultivation and limit the number of plants within residential zoning designations.
"We have been tormented for four years by neighbors cultivating. It destroys the quality of life in Gridley," one neighbor stated.
Planning Commissioner Mike Trainor, chairing the meeting in Chair Ravi Aujla's absence, stated, "I was appalled last December to hear the neighbors speak of nuisances, outright disregard for others, the affects on children in the area, elderly citizens walking by being harrassed by four to six dogs and people in tents guarding marijuana. What will somebody like that do to the neighbors who walk by?"
A neighbor addressed planners by stating, "There are as many as ten people smoking marijuana in the backyard at night in front of their children. How can this happen when only one or two people are permitted to grow it at that address? Pressure needs to be put on the landlord."
Community Development Director Andrea Redamonti, chose a section of the revised municipal code to read to the planners and audience at this time.
"Public Nuisance Prohibited: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Gridley to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, b) repeated responses to the parcel from law enforcement officers, c) a repeated disruption to the free passage of persons or vehicles in the neighborhood, d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or e) any other impacts on the neighborhood which are disruptive or normal activity in the area."
When one neighbor mentioned that the renters have a party every other night, with as many as six or seven cars at a time going there, Trainor stated, "It sounds like a business enterprise going on there when you have eight to ten people in the backyard having marijuana parties. There is an obvious disregard of the law. "I know there was one report of this household having a party with a six month old present, while the marijuana permeated the air," he stated.
Valley Oaks Childrens Services Director Lynn Haskell, addressed planners by stating that any form of child abuse should be reported.
Trainor stated he would not approve recommending the changes to City Council until the Attorney General's office had been contacted. Trainor and City Inspector Keith Gebhardt, expressed concern that the city could be held liable in a lawsuit if a patient's rights are being violated. He voted to table resolution as written, until attorneys from the federal drug enforcement agency and Attorney General's office were consulted.
The cultivation and possession of marijuana, even for medical reasons, is illegal under Federal Law. California cities have taken different approaches to the problem, ranging from remaining neutral to specific regulations contained in the zoning ordinance. Any regulation could be interpreted as authorizing an act prohibited by federal law.
On April 21, 2008, City Council reviewed the draft ordinance and directed staff to initiate proceedings to amend Title 17 to include a section addressing the cultivation of medicinal marijuana.
Planning Commissioner Lee Goss, asked about the possibility of having a registration list of those who have medicinal marijuana permits, so that the police officer's time is not wasted when called to these homes. Goss stated he would rather see the ordinance state that no cultivation be allowed in the city limits. "I would suggest something different in the verbage and say it is not allowed," he stated.
Trainor stated the changes to the municipal code needed to be tabled, until federal and state agencies have been contacted and see what other cities in California have done.
Planning Commissioner Gurpreet Singh stated, "If we do go forward with this, we need to address the concerns of the neighbors and prevent the city from legal issues. He recommended adopting the resolution recommended by staff, to which his motion did not receive a second.
Goss recommended denying the changes in the format presented, denying the resolution as written, and dropping altogether.
City Planners were to make a recommendation to Gridley City Council members regarding amending zoning regulations.
Planning Commissioner Gupreet Singh moved to pass the resolution as written, but received no second to his motion.
Trainor made the point that they had been sworn in to uphold the constitution and stated federal law usually takes precedence over state law and he stated the commission should take the position of no marijuana allowed at all, to make sure neighbors are protected entirely.
Trainor stated he felt the best way to protect the city is to go with the federal law.
The decision was made to drop the entire matter and not approve changes as presented by city staff.
During the City Council portion of the Monday night meetings, council members voted to approve the amended Gridley Municipal Code to regulate the cultivation of medicinal marijuana and prohibit outdoor plant cultivation and limit the number of plants within residential zoning designations.
The renter of the Sycamore Street home that has been discussed at numerous council and planning meetings concerning the cultivation of medicinal marijuana, spoke to council, stating that she has never seen a complaint.
"Everybody is worried about the risk, but there wouldn't be a risk if my address wasn't in the newspaper. You want us to pay for the power instead of it being natural," she stated.
She continued, "Growing marijuana outside, you are not using chemicals, inside you would.
The grandmother of the children previously mentioned, spoke in defense of the cultivation of marijuana at the home, stating a drug test could be done on her.
"I am concerned that the children you talk about at this home are my grandchildren. My grandchildren are jeopardized when everybody knows the address. Please investigate it and see what it does without the chemicals.
"I ask all of you who have children and grandchildren, to think about their safety when you jeopardize their lives," she concluded.
Mayor Pro Tem Frank Hall, moved to proceed with the resolution for changes to the municipal code as introduced by city staff.
City Attorney Brant Bordsen stated, "The ordinance does not become law until adopted, published and a 60 day process has been established. If you introduce it today and you obtain further information, you could decide not to adopt it into law."
Source: Gridley Herald, The
Copyright: 2008 The Gridley Herald
Contact: Lisa Van De Hey
Website: The Gridley Herald - News
"We have been tormented for four years by neighbors cultivating. It destroys the quality of life in Gridley," one neighbor stated.
Planning Commissioner Mike Trainor, chairing the meeting in Chair Ravi Aujla's absence, stated, "I was appalled last December to hear the neighbors speak of nuisances, outright disregard for others, the affects on children in the area, elderly citizens walking by being harrassed by four to six dogs and people in tents guarding marijuana. What will somebody like that do to the neighbors who walk by?"
A neighbor addressed planners by stating, "There are as many as ten people smoking marijuana in the backyard at night in front of their children. How can this happen when only one or two people are permitted to grow it at that address? Pressure needs to be put on the landlord."
Community Development Director Andrea Redamonti, chose a section of the revised municipal code to read to the planners and audience at this time.
"Public Nuisance Prohibited: It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the city of Gridley to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, b) repeated responses to the parcel from law enforcement officers, c) a repeated disruption to the free passage of persons or vehicles in the neighborhood, d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or e) any other impacts on the neighborhood which are disruptive or normal activity in the area."
When one neighbor mentioned that the renters have a party every other night, with as many as six or seven cars at a time going there, Trainor stated, "It sounds like a business enterprise going on there when you have eight to ten people in the backyard having marijuana parties. There is an obvious disregard of the law. "I know there was one report of this household having a party with a six month old present, while the marijuana permeated the air," he stated.
Valley Oaks Childrens Services Director Lynn Haskell, addressed planners by stating that any form of child abuse should be reported.
Trainor stated he would not approve recommending the changes to City Council until the Attorney General's office had been contacted. Trainor and City Inspector Keith Gebhardt, expressed concern that the city could be held liable in a lawsuit if a patient's rights are being violated. He voted to table resolution as written, until attorneys from the federal drug enforcement agency and Attorney General's office were consulted.
The cultivation and possession of marijuana, even for medical reasons, is illegal under Federal Law. California cities have taken different approaches to the problem, ranging from remaining neutral to specific regulations contained in the zoning ordinance. Any regulation could be interpreted as authorizing an act prohibited by federal law.
On April 21, 2008, City Council reviewed the draft ordinance and directed staff to initiate proceedings to amend Title 17 to include a section addressing the cultivation of medicinal marijuana.
Planning Commissioner Lee Goss, asked about the possibility of having a registration list of those who have medicinal marijuana permits, so that the police officer's time is not wasted when called to these homes. Goss stated he would rather see the ordinance state that no cultivation be allowed in the city limits. "I would suggest something different in the verbage and say it is not allowed," he stated.
Trainor stated the changes to the municipal code needed to be tabled, until federal and state agencies have been contacted and see what other cities in California have done.
Planning Commissioner Gurpreet Singh stated, "If we do go forward with this, we need to address the concerns of the neighbors and prevent the city from legal issues. He recommended adopting the resolution recommended by staff, to which his motion did not receive a second.
Goss recommended denying the changes in the format presented, denying the resolution as written, and dropping altogether.
City Planners were to make a recommendation to Gridley City Council members regarding amending zoning regulations.
Planning Commissioner Gupreet Singh moved to pass the resolution as written, but received no second to his motion.
Trainor made the point that they had been sworn in to uphold the constitution and stated federal law usually takes precedence over state law and he stated the commission should take the position of no marijuana allowed at all, to make sure neighbors are protected entirely.
Trainor stated he felt the best way to protect the city is to go with the federal law.
The decision was made to drop the entire matter and not approve changes as presented by city staff.
During the City Council portion of the Monday night meetings, council members voted to approve the amended Gridley Municipal Code to regulate the cultivation of medicinal marijuana and prohibit outdoor plant cultivation and limit the number of plants within residential zoning designations.
The renter of the Sycamore Street home that has been discussed at numerous council and planning meetings concerning the cultivation of medicinal marijuana, spoke to council, stating that she has never seen a complaint.
"Everybody is worried about the risk, but there wouldn't be a risk if my address wasn't in the newspaper. You want us to pay for the power instead of it being natural," she stated.
She continued, "Growing marijuana outside, you are not using chemicals, inside you would.
The grandmother of the children previously mentioned, spoke in defense of the cultivation of marijuana at the home, stating a drug test could be done on her.
"I am concerned that the children you talk about at this home are my grandchildren. My grandchildren are jeopardized when everybody knows the address. Please investigate it and see what it does without the chemicals.
"I ask all of you who have children and grandchildren, to think about their safety when you jeopardize their lives," she concluded.
Mayor Pro Tem Frank Hall, moved to proceed with the resolution for changes to the municipal code as introduced by city staff.
City Attorney Brant Bordsen stated, "The ordinance does not become law until adopted, published and a 60 day process has been established. If you introduce it today and you obtain further information, you could decide not to adopt it into law."
Source: Gridley Herald, The
Copyright: 2008 The Gridley Herald
Contact: Lisa Van De Hey
Website: The Gridley Herald - News
