Jacob Redmond
Well-Known Member
The Clearlake City Council on Thursday night voted to repeal an ordinance banning marijuana growing in the face of a referendum that qualified for the ballot.
While making that decision unanimously, the council also gave city staff clear direction to bring back strong language to add to the city's current marijuana regulations in order to address rampant outdoor grows and what city officials have said are the resulting public safety concerns.
In February the council passed Ordinance No. 173-2015, which was written by City Attorney Ryan Jones.
The ordinance banned all marijuana cultivation — both indoor and outdoor — in the city.
A referendum effort was launched and the Lake County Registrar of Voters Office confirmed earlier this month that the effort qualified with just enough signatures to challenge the ordinance on the ballot.
Faced with the need to either pay up to an estimated $30,000 for a special election or place the ordinance before voters on the next municipal election ballot in November 2016, the council instead withdrew it.
At the conclusion of the hour-and-a-half-long discussion of the matter — which also had included extensive public comment — the council asked staff to come back to its next meeting with retooled language to insert into the city's existing marijuana cultivation ordinance, enacted in January 2014.
That 2014 ordinance prohibits grows on vacant lots and commercial grows, limits grows to six plants on parcels smaller than a half acre and as many as 48 plants on properties 40 acres or larger.
At a February council meeting, when the newer ordinance was under consideration, Clearlake Police Chief Craig Clausen explained that the 2014 ordinance was civil in nature, which had prevented police from enforcing it.
The council's new approach will be to strengthen the current ordinance's enforcement measures and, on advice of the city attorney, to limit plant counts to six across the board — regardless of parcel size — despite the assertion by some community members during public comment that plant counts should be higher.
Additionally, council members suggested the updated rules should include plant height limits and fines of up to $1,000 per plant for noncompliance.
The discussion also included the proposed formation of an ad hoc committee composed of members of the public, law enforcement, fire district and water district representatives to discuss future changes to the ordinance.
Councilmen Russell Perdock and Bruno Sabatier both offered to serve on that ad hoc committee.
The city also was sued over the ordinance by Jeri Spittler, the city's former mayor, her husband and another medical marijuana patient.
That litigation was the topic of discussion in closed session before the open portion of the meeting.
Jones said at the beginning of the public meeting that the council took no action in the closed session.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Clearlake City Council repeals marijuana ordinance, directs staff to rework existing city rules
Author: Elizabeth Larson
Contact: elarson@lakeconews.com
Photo Credit: elarson@lakeconews.com
Website: Home
While making that decision unanimously, the council also gave city staff clear direction to bring back strong language to add to the city's current marijuana regulations in order to address rampant outdoor grows and what city officials have said are the resulting public safety concerns.
In February the council passed Ordinance No. 173-2015, which was written by City Attorney Ryan Jones.
The ordinance banned all marijuana cultivation — both indoor and outdoor — in the city.
A referendum effort was launched and the Lake County Registrar of Voters Office confirmed earlier this month that the effort qualified with just enough signatures to challenge the ordinance on the ballot.
Faced with the need to either pay up to an estimated $30,000 for a special election or place the ordinance before voters on the next municipal election ballot in November 2016, the council instead withdrew it.
At the conclusion of the hour-and-a-half-long discussion of the matter — which also had included extensive public comment — the council asked staff to come back to its next meeting with retooled language to insert into the city's existing marijuana cultivation ordinance, enacted in January 2014.
That 2014 ordinance prohibits grows on vacant lots and commercial grows, limits grows to six plants on parcels smaller than a half acre and as many as 48 plants on properties 40 acres or larger.
At a February council meeting, when the newer ordinance was under consideration, Clearlake Police Chief Craig Clausen explained that the 2014 ordinance was civil in nature, which had prevented police from enforcing it.
The council's new approach will be to strengthen the current ordinance's enforcement measures and, on advice of the city attorney, to limit plant counts to six across the board — regardless of parcel size — despite the assertion by some community members during public comment that plant counts should be higher.
Additionally, council members suggested the updated rules should include plant height limits and fines of up to $1,000 per plant for noncompliance.
The discussion also included the proposed formation of an ad hoc committee composed of members of the public, law enforcement, fire district and water district representatives to discuss future changes to the ordinance.
Councilmen Russell Perdock and Bruno Sabatier both offered to serve on that ad hoc committee.
The city also was sued over the ordinance by Jeri Spittler, the city's former mayor, her husband and another medical marijuana patient.
That litigation was the topic of discussion in closed session before the open portion of the meeting.
Jones said at the beginning of the public meeting that the council took no action in the closed session.
News Moderator: Jacob Redmond 420 MAGAZINE ®
Full Article: Clearlake City Council repeals marijuana ordinance, directs staff to rework existing city rules
Author: Elizabeth Larson
Contact: elarson@lakeconews.com
Photo Credit: elarson@lakeconews.com
Website: Home
