LAKEPORT, Calif. – Public hearings on a proposed ordinance regulating medical marijuana cultivation and an ordinance establishing an administrative citation process, along with a request for an additional police officer position are on the Lakeport City Council's agenda this week.
The meeting will begin at 6 p.m. Tuesday, Feb. 5, in the council chambers at Lakeport City Hall, 225 Park St.
City Attorney Steve Brookes will present to the council the ordinance regarding medical marijuana
cultivation.
In his report he said the city has received numerous complaints over the years through the police and code enforcement departments regarding medical marijuana cultivation. There have been attempted thefts and, in one case, discharge of a firearm by a homeowner who thought suspects were attempting to steal his marijuana.
“The department is also aware of additional incidents where medical growers were found to be armed at various locations in the City,” Brookes wrote. “Some of the incidents are quite brazen and pose significant safety risks for surrounding neighbors.”
He said city officials also have been made aware of nuisances associated with the odor of the marijuana plants and public safety issues concerning theft of plants.
Brookes' report to the council explains that the proposed ordinance restricts the cultivation of marijuana in residential areas to outdoor accessory buildings; requires security and odor control measures to be in place; and establishes that cultivation may not take place within 300 feet of any hospital, school, church, park or playground, or in other areas where large numbers of minors regularly travel or congregate.
The accessory buildings where the growing takes place will require building permits, and permits for such structures only will be issued to property owners, Brookes said. Lighting for such cultivation is limited to 1,200 watts with lighting to conform to applicable codes, and growers must advise the city of their plans to cultivate.
“The intent of the ordinance is that from the street or adjacent properties, there should be almost no way to know that cultivation of medical marijuana for personal use is occurring on the property,” Brookes said in his report.
The ordinance also requires that the medical marijuana cultivation be undertaken only by a qualified patient who must occupy the residence on the parcel proposed for cultivation as their primary residence or by a qualified caregiver. A copy of a current and valid physician's medical marijuana
recommendation must be made available on request by a code enforcement officer or law
enforcement officer.
Brookes said violations of the ordinance are deemed to be criminal infractions.
He reported that fines for violating the ordinance are $50 the first violation, $100 for the second violation, and $250 for each violation thereafter. Each day that the violation is committed can be a separate offense. Citations would be processed using the administrative citation procedure or, in some cases, forwarded to the courts for criminal enforcement.
The council also will hold a first reading and public hearing on a new ordinance establishing an administrative citation procedure meant to gain compliance for municipal code violations as well as failure to comply with terms of a project conditions agreement. The second reading is scheduled for the council's next meeting on Tuesday, Feb. 19.
On Tuesday Chief of Police Brad Rasmussen will ask the council to consider funding an additional police officer position, with that officer to be hired in March.
With the city having annexed the Parallel Drive area, new challenges due to correctional realignment and the fact that the number of sworn officers has been reduced from 14 in 2009 to nine currently, Rasmussen is seeking to strengthen his department's resources.
The new officer would be assigned to patrol during the summer months, the department's busiest time of year, and during the school year would be assigned to day shift, spending half their time in the schools as a school resource officer and the other half in patrol, Rasmussen said in his report. The department lost its part-time school resource officer last November.
Rasmussen's report to the council explains that the cost to the city for the officer for the remainder of the fiscal year would be $28,464 and $55,000 in fiscal year 2013-14.
In other business, Finance Director Dan Buffalo will present a budget adjustment review and budget amendment for fiscal year 2012-13, Planning Services Manager Andrew Britton will give a report and recommendation from the Mobile Catering Ordinance Review Committee and City Engineer Scott Harter will give an update on the Safe Routes to School project. Chief Rasmussen also will introduce new police volunteer John Norcio.
The council also will hold a closed session to discuss a case of anticipated litigation.
Email Elizabeth Larson at
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