CLEARLAKE, Calif. – The Clearlake City Council this week will hold what is expected to be the second and final reading of an ordinance to strengthen the city's rules relating to marijuana cultivation and create a system for enforcement.
The meeting will start at 6 p.m. Thursday, June 11, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The council's main item of business on Thursday is the consideration of a second reading of Ordinance No. 175-2015, which updates an ordinance passed in 2013 to establish marijuana cultivation rules.
Updating the 2013 ordinance is the option the council chose to pursue after deciding to rescind a February ordinance – challenged by a referendum – that banned all marijuana cultivation in the city.
At the council's May 14 meeting – during which the ordinance challenged by referendum was rescinded – council members gave staff direction to come back with updates to the current city rules.
The city hasn't been able to enforce its existing rules because, as Clearlake Police Chief Craig Clausen said during a February council meeting, the 2013 ordinance was written as a civil ordinance for code enforcement, not police.
City Attorney Ryan Jones returned on May 28 with an updated ordinance that City Manager Joan Phillipe said in her report for the June 11 meeting encapsulated the direction given to staff.
One of the main proposals in the initial document presented in May was to reduce plant numbers to six plants on parcels of any size.
However, during the discussion at the May 28 meeting, council and staff agreed that reducing the plant numbers now – in what is essentially the middle of the growing season – could be problematic.
As a result, Jones produced the latest draft of Ordinance No. 175-2015, shown below, that reverts to the 2013 numbers.
It allows for outdoor cultivation of up to six plants on parcels of half-an acre or under, 12 plants on half an acre to an acre, 18 plants on an acre to five acres, 36 plants on parcels of between five and 40 acres, and 48 plants on parcels 40 acres or larger.
Aspects of the ordinance that remain unchanged from its original iteration of nearly two years ago include prohibiting cultivation on vacant parcels or lots with no approved residential use, no grows allows in mobile home parks – unless there is a designated garden area – and apartments, and no cultivation within 600 feet of a public or private school as measured from the property line of the grow site to the school.
Processing on properties also must remain limited to the amount of marijuana that may be cultivated on those premises.
Outdoor cultivation within 600 feet of a child care center also remains against city rules. The council directed Jones at its last meeting to remove a passage that had been included in the 2013 ordinance that grandfathered in any existing grows that were within that distance from child care centers.
The amended 20-page draft ordinance specifically discusses abatement procedures and penalties for violations, as the previous version of the ordinance did not include enforcement or penalty provisions.
Administrative citation penalties that the council directed Jones to include are $1,000 per plant, plus $100 per plant for every day the plant remains unabated past the abatement deadline that the administrative citation sets forth.
Jones added to the ordinance an abatement procedure that includes a hearing process and recovery of abatement costs, including the filing of liens on the specific properties found in violation.
At the council's direction, the updated draft ordinance's time for abating public nuisances has been reduced from 15 days to 10 days.
Community members told the council May 28 that they wanted an emphasis on eradicating large, illegal grows.
“We need some enforcement this year. We don't need a rewrite of this ordinance. We need an amendment,” said resident and Realtor Dave Hughes, who emphasized that people growing within the limits have nothing to worry about.
Council members also felt they needed to make a strong statement, especially to people who have come to the city merely to grow and take advantage of its weak enforcement.
“I definitely wanted something enforceable, and enforceable as fast as we can. Because, again, it's never been about hurting people or taking things away,” but making the city a safe place, said Mayor Denise Loustalot.
“I see people from both sides of this issue reaching common ground and recognizing that it's the commercial grows that are a problem. We need to have a safe city. That's what I'm all about,” said Councilman Russ Perdock.
Perdock also encouraged people to work with city officials to make Clearlake safer.
Loustalot said she saw the community coming together on the issue, noting that the council had offered a huge compromise by deciding to leave the 2013 ordinance's plant numbers in place.
Vice Mayor Gina Fortino Dickson added that she wanted to “get the ball rolling” to be ready for next year's grow season.
Also on Thursday, Lt. Tim Celli of the Clearlake Police Department will present a department commendation and introduce a new officer.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are warrant registers; receipt of the final adopted Local Agency Formation Commission 2015-16 fiscal year budget; consideration of acceptance of parcels at 16004 13th Ave. and 16015 13th Ave. that's proposed to be donated by Cendie Bailey, executor of the Opal Duncan Trust; consideration of a second reading to formally repeal Ordinance No. 174-2015, passed in February to ban all marijuana cultivation in the city; authorization for the city manager to sign letters of consent to Cache Creek Partners LP, for the transfer of limited partnership interests to a to-be-formed limited partner Cache Creek Ventures LLC; consideration of resolution No. 2015-14 approving a temporary street closure for the 58th annual July 4 barbecue and parade; consideration of adoption of Resolution No. 2015-15 approving amendments to the memorandum of understanding between the city of Clearlake and Middle Management Association.
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Clearlake City Council to hold second reading of updated marijuana cultivation ordinance
- Elizabeth Larson
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