Corning Votes to Ban Outdoor Marijuana Grows

[Weedpipe]

CORNING CA.- After a lengthy discussion, the Corning City Council last week gave the first of two needed approvals to an ordinance that would ban outdoor marijuana grows in this Tehama County city.
The 4-1 vote was to waive the first reading of the measure. Final approval will come at the next council meeting on Feb. 9

Talks on regulating cultivation of medical marijuana and banning dispensaries, collectives and cooperatives started at a February 2009 Planning Commission meeting, landing in City Council Chambers a few months later.

Corning passed a 45-day temporary ban on dispensaries, collectives and cooperatives in August 2009, followed by an extension through August of this year.

The newest set of regulations prohibits cultivation outdoors and requires cultivation sites to be in secured, detached structures – not a residence – in the backyard of the parcel.

There must also be a six-foot-tall solid fence to keep the plants out of sight, and a minimum of 10 feet between the property line and the structure.

Requirements include the use of a ventilation system to prevent the odor from impacting neighboring properties.

A public hearing prior to the vote had residents from both sides of the fence represented.

Ken Prather, one of the operators of the now-closed Tehama Herbal Collective dispensary, said taking away the right to cultivate outdoors automatically took away some patients' rights to grow marijuana, as it made the process too costly.

He strongly objected to the part of the ordinance that requires those growing to register with the Planning Department.
"It provides relief for cancer, glaucoma and other diseases," Prather said. "It's a doctor-patient issue."

But several parents and grandparents asked the council to consider the destruction marijuana causes.

Ken Killinger, a pastor, told the story of a man whose marriage broke up after he began buying from a neighbor who had a medical marijuana recommendation and how the man, despite having a good job, was staying home to smoke marijuana.

Several people, including Killinger's wife Karen, thought medical marijuana should be in drugstores and be regulated by the government like all other medicines.



News Hawk- Weedpipe 420 Magazine - Cannabis Culture News & Reviews
Source: ContraCostaTimes.com
Author: JULIE ZEEB
Contact: Home - ContraCostaTimes.com
Copyright: 2009 Bay Area News Group
Website:Corning votes to ban outdoor marijuana grows -

 

[Irish]

Here's the local and more in depth coverage, direct from the Corning-Observer:


Pot-growing ordinance clears first city vote
Friday, Jan 29 2010, 8:07 pm
By Julie R. Johnson/Tri-County Newspapers

When Corning Mayor Gary Strack gave his "last warning" for Ken Prather to sit down and be quiet during Tuesday's City Council meeting, Ken and his wife, Kathy Prather, got up and walked out of the meeting, telling city government it wasn't going to be the last it heard from them.

Such was the atmosphere of a public hearing held for a proposed city ordinance regulating the cultivation of medical marijuana.

The hearing ended with the council introducing the ordinance, with amendments, on a 4-1 vote. Councilman John Leach was the lone dissenter.

"I voted no because I felt that all the changes, amendments, that were made so quickly needed to be reviewed by the Planning Commission before we voted on the ordinance," Leach said. "I'm not against the ordinance itself, I'm in favor of it, but I just felt it needed to be reviewed."

The changes Leach referred to concerns the original ordinance's limits on how much medical marijuana a recommend holder could grow.

City Planner John Stoufer explained changes needed to be made due to a Jan. 21 California Supreme Court ruling that disallowed limitations on how much medical marijuana a recommend holder can possess.

Stoufer said city staff amended the ordinance from limiting the amount of plants grown to regulating the size of the area where plants can be grown as no "larger than 120 square feet."

Another change was requirement of medical marijuana growers to register with the city's Planning Department instead of the Police Department as originally stated.

According to the city planner, the ordinance is more about zoning districts than enforcement, which would come into the picture if violations occur.

"I believe the ordinance is clear and strong. This is the solution," Councilwoman Toni Parkins said.

Among the conditions on growers, the ordinance prohibits outdoor cultivation of medical marijuana and requires it to be grown in a non-residential detached building at least 1,000 feet from a school. The building must be completely enclosed and secured, meet city building codes and be constructed of non-transparent materials.

The facility must also include a ventilation system that prevents marijuana plant odors from exiting the building, be located in the rear of a parcel and be surrounding by a 6-foot high solid fence.

Before any cultivation can begin, the grower must receive approval from a city building official, planning director and chief of police, the ordinance states. It also requires patients or caregivers to obtain a conditional use permit approved by the Planning Commission before cultivating anywhere in the city not zoned residential.

These requirements, among others, where strongly disputed by Ken Prather, owner of Tehama Herbal Collective, a medical marijuana dispensary on Solano Street in Corning.

He said statements in the ordinance were "federally illegal," and that many of the findings where false.

"Cultivation of plants takes sun and ground, you (the city) are eliminating both," Prather said. "When you take away outdoor cultivation, you take away low cost cultivation. It will cost $17 a square foot to grow indoors."

He said the ordinance would be "thrown out the window in court."

Drew Clark added, "You guys (the council) make Corning sound like a gated community. I've known of people to die from drugs, but never from marijuana; it has never killed anyone from an overdose."

While Prather, Clark, and others shared their frustration with the ordinance, others stood in approval.

"It think this is really good," said Sandy Powell. "I wish it (marijuana) wasn't legal at all."

The Rev. Ken Killinger said he has seen marijuana use destroy marriages and families and asked the City Council to have the fortitude to stand up and say no to what was happening in Corning.

"That is what we teach our children, to say no," Killinger stated. "If this council can't say no, then God help us."

According to Kyle Lauderdale, manager of PremierWest Bank and current president of Corning Rotary, the ordinance is a good portrayal of what should happen.

"I don't wish to smell it or see it growing. When people have it growing in their backyards, and it is obvious, it decreases property values of the area," he said.

Stoufer said existing legal medical marijuana cultivation sites will be grandfathered in until the end of 2010.

The City Council will make its final decision Feb. 9.

Pot-growing ordinance clears first city vote | ordinance, city, marijuana - Local News - Corning Observer

(Red highlighting mine--to show the ordinances, of which there are more but not reported on. Will post entire thing if I can find it)

There are very few people that will be able to grow under the constraints of these ordinances. Nearly every piece of property within city limits is within 1000 feet of a school or bus stop alone. Very few have non-residential outbuildings that are both up to code and 10 feet from any fence around the perimeter. Since greenhouse material cannot be used in the construction of the grow building, natural light cannot be used to grow one's meds. And I do believe, though they do not mention it in the article, that they have put a cap on how many watts one can use for the grow. By limiting space and light, by regulating this severely, they are effectively controlling how much one can grow--an indirect and underhanded defiance of state law.

I hope they lose their shorts when all the lawsuits are slung their way....

 

[trekie]

So wrong... So America lets loose one more freedom if any that we have left. I would like to ask Rev. Ken Killinger if this was only reason this person stayed home was to smoke pot...( Sounds like he was the pastor in the "Foot loose Movie"..) I bet their was other reasons for this man's problems than just the marijuana...I also bet he council the wife against the evils of marijuana and that was one of the main reason behind these failed marriages'. So I have a plan especially for the people who live in the Corning area. Contact all the major businesses and let them know that you will be boycotting their products until the City Council adopts laws to uphold the rights granted to them by proposition 215. I am sure that their are more businesses in this privvvy small town politics' That should be boycotted. Just to make something clear I come from a great small town in Oregon were the Sick & Dying come first.... How small people can be,how sad... If my neighbor was dying or sick I would be their to help them not bankrupt them, even if I did not like the smell... Here is a partial list of some of Cornings businesses.



Lindsay Olives
3742 Mt. Diablo Blvd.
Lafayette, CA 94549
800-252-3557

Bell-Carter Foods, Inc.
3742 Mt. Diablo Blvd.
Lafayette, California 94549
P: 800-252-3557
contactus@bellcarter.com

Corning Olive Oil Company
721 Fig Lane, Corning, CA
96021
(530) 824-5447


PremierWest Bank
1201 Solano Street, PO Box 768
Corning, CA 96021 phone (530) 824-4605
Toll Free (Call Center) 1 (800) 708-4378

Quote from this branch Manager:

According to Kyle Lauderdale, manager of Premier West Bank and current president of Corning Rotary, the ordinance is a good portrayal of what should happen.

"I don't wish to smell it or see it growing. When people have it growing in their backyards, and it is obvious, it decreases property values of the area," he said. This man clearly shows that He could give a damn about the SICK & DYING... I will be faxing and emailing this to everyone I know...

 

[Steve McStoferson]

But several parents and grandparents asked the council to consider the destruction marijuana causes.

Ken Killinger, a pastor, told the story of a man whose marriage broke up after he began buying from a neighbor who had a medical marijuana recommendation and how the man, despite having a good job, was staying home to smoke marijuana.

Okay, so lets blame a substance for his marriage ending. I blame milk and water because I'm sure he was consuming those at the same time.

Judge: "Mr. Smith, you're on trial for murder, what is your defense?"
Mr. Smith: "Well, it wasn't me that killed the man, it was the gun I was holding. If a marriage breaks up over Cannabis use, it's the plant's fault, not the poor decisions made by the husband or wife."

I guess we're not responsible for our own actions anymore, it's the plant's we take in who are responsible for our actions.

Crazy mind blowing world we live in.. How have these stupid people gotten this far through life?

 

[Irish]

So wrong... So America lets loose one more freedom if any that we have left. I would like to ask Rev. Ken Killinger if this was only reason this person stayed home was to smoke pot...( Sounds like he was the pastor in the "Foot loose Movie"..) I bet their was other reasons for this man's problems than just the marijuana...I also bet he council the wife against the evils of marijuana and that was one of the main reason behind these failed marriages'. So I have a plan especially for the people who live in the Corning area. Contact all the major businesses and let them know that you will be boycotting their products until the City Council adopts laws to uphold the rights granted to them by proposition 215. I am sure that their are more businesses in this privvvy small town politics' That should be boycotted. Just to make something clear I come from a great small town in Oregon were the Sick & Dying come first.... How small people can be,how sad... If my neighbor was dying or sick I would be their to help them not bankrupt them, even if I did not like the smell... Here is a partial list of some of Cornings businesses.



Lindsay Olives
3742 Mt. Diablo Blvd.
Lafayette, CA 94549
800-252-3557

Bell-Carter Foods, Inc.
3742 Mt. Diablo Blvd.
Lafayette, California 94549
P: 800-252-3557
contactus@bellcarter.com

Corning Olive Oil Company
721 Fig Lane, Corning, CA
96021
(530) 824-5447


PremierWest Bank
1201 Solano Street, PO Box 768
Corning, CA 96021 phone (530) 824-4605
Toll Free (Call Center) 1 (800) 708-4378

Quote from this branch Manager:

According to Kyle Lauderdale, manager of Premier West Bank and current president of Corning Rotary, the ordinance is a good portrayal of what should happen.

"I don't wish to smell it or see it growing. When people have it growing in their backyards, and it is obvious, it decreases property values of the area," he said. This man clearly shows that He could give a damn about the SICK & DYING... I will be faxing and emailing this to everyone I know...

You might find it interesting to note that Bell Carter Foods has been subject to lawsuit after lawsuit concerning it's nauseating smell as well as its polluting waste management system--and won. Lindsay Olives is a part of Bell-Carter foods as well. They are both huge agricultural corporations that local olive farmers sell their produce to, not storefronts.

Corning is very old and populated by the poor--a real ghetto. The only part of town that is prosperous is the truck stop area right off of I-5. The rest of Corning lives in squalor--it is not a pretty town, either in looks or spirit. One can readily see how the city council cares not a bit about its citizenry by the abject poverty they all live in. Making it impossible to grow one's meds in town or be able to go to a dispensary just adds to this poverty.

Find the businesses owned by Rotary Club members as well as city council members. BOYCOTT THEM. Join Ken Prather in a class-action lawsuit against the city and all of its city council members. He's a fine leader, and a good man. Send letters to the mayor detailing the criminal activity of his city council in effectively banning their ONE dispensary and making it impossible for mmj patients to grow their meds in the privacy of their own homes and yards. Organize peaceful demonstrations in the center of town. They won't know how to deal with it, and the publicity of their duplicity may embarrass them enough to change their hateful, prejudiced ways.

 

[Steve McStoferson]

it's all about keeping the poor poor and the rich rich.

 

[ol hippy]

Nicely said Irish ! Organized desention ! If your not organized your not going to accomplish anything !! Lets get orginized people !!