CLEARLAKE, Calif. – At its Thursday meeting the Clearlake City Council held public hearings for the first readings of updated ordinances related to marijuana dispensaries and cultivation in the city.

Both of the ordinances received the council’s initial approval and will come back at the council’s next meeting for a final vote.

In presenting the updated ordinances to the council, City Manager Greg Folsom said that while the city had gone through a similar updating process last year, this latest effort was necessary due to the passage by voters last November of Proposition 64, which made recreational marijuana use legal.

He said the city made use of an ad hoc committee of community members and business owners, with input from dispensary owners, to craft the updated regulations.

The council and city staff first went over the dispensaries ordinance, which updated a document first passed in 2011 that allowed for a total of three dispensaries.

The significant updates to the dispensary ordinance included removing the word “medical” from all references to dispensaries; changing the amount and type of information required for permit applications, with Folsom noting that they no longer feel that it is necessary to ask for background information on employees; changing operating hours to 8 a.m. to 10 p.m. Monday through Sunday; increasing the allowable size to 3,000 square feet; setting allowable on-site production limits; requiring access to financial information for the purposes of sales tax audits; requiring the police chief to review the background check on any owner/operator, and if they have been convicted of any crime in the California Business and Professional Code they will be ineligible for a permit; and adding the fire chief to the emergency contact section.

It also removed a section that increased the number of dispensaries to four when the population increases to 20,000, which the Clearlake Planning Commission advised be removed in order to leave it to the discretion of the council, Folsom said.

One of the changes that would be the cause of concern for some council members was the allowance for dispensaries to permit consumption of marijuana products on site.

Councilman Nick Bennett had concerns about the document preventing people with a felony conviction in the last 10 years from operating a dispensary. He pointed out that certain serious felony convictions have since been reduced to misdemeanors.

He also was concerned about letting people use the products on the premises, saying that one joint can put someone under the influence so they can’t drive. “That is endangering our community.”

Councilwoman Joyce Overton agreed with Bennett’s concerns.

During public comment, community members Adelia Leonard, who said that she agreed with the ordinance, told Bennett and Overton that people don’t just smoke, but also use edibles and oils. She pointed out that people drink alcohol at bars and restaurants and then drive.

Addressing Bennett’s concerns about certain criminal convictions, Michael Green, a marijuana activist and consultant who also serves on the Lakeport Planning Commission, said there is a long list of felonies already included in the state law that result in automatic rejection for dispensary permitting. “You’re already covered, because the Legislature put a lot of work into that.”

Green also pointed out that it’s very significant that the city worked with an ad hoc committee to address community concerns at a time when other local governments continue to struggle with the process.

He said state law is being written with the idea that eventually there will be on-site consumption, with state officials already looking at how to deal with driving under the influence. “The issues that you’ve identified here are real issues.”

Overton asked acting Clearlake Police Chief Tim Celli about testing for DUI with marijuana. Celli said his officers have been trained to know when people are under the influence.

Vice Mayor Bruno Sabatier said he wouldn’t want to turn down a winery coming to the city, neither would he want to deny a “bud bar” or lounge that would allow people to consume products on site.

“Adults need to be responsible,” Sabatier said, noting it is the same issue as exists with bars and restaurants.

Councilman Phil Harris said his take was the same as Sabatier’s. “What we’re talking about is two separate issues.”

Harris said everyone has to act responsibly, and that Proposition 64 makes is clear that marijuana use in public is not permitted. He said giving people a safe place to consume the products was to him like a step in the right direction.

Sabatier moved to approve the ordinance with some minor changes, including application deadlines for permits, with the council approving it 4-1. Bennett voted no due to his concerns about the on-site consumption.

The council would later reopen the discussion on the dispensary ordinance at Sabatier’s request to add phrasing that would allow minors who are patients to be on the premises.

The ordinance had prohibited anyone 21 or under at the dispensaries, but the updated language allowed a minor under age 18 to be at a dispensary with their guardian and a minor between ages 18 and 21 who has a recommendation to be in the dispensary.

The council approved those updates 4-1, with Bennett maintaining his no vote.

Numerous changes to cultivation ordinance

Moving on to the cultivation ordinance, Folsom reviewed with the council the many differences and similarities between the previous and newer versions.

Areas where there are no changes between the two ordinances include a prohibition against cultivation on vacant lots; no cultivation allowed within 600 feet of a public or private school, a child care center or public park; no cultivation area in excess of 100 square feet; plants shall not be visible from any public right of way; no processing marijuana in excess of what is cultivated at said property; no cultivation in excess of six plants no matter what lot size; no type of commercial cultivation allowed; no diversion of water form any waterway; the requirement for a permanent water source to the home, either through a meter or well; a grow site must be enclosed with a single, square fenced area no larger than 10 feet by 10 feet and with dimensions equal on all four sides or an accessory, fully enclosed structure with same dimensions; 6-foot solid fencing required; a permanent, legal residential structure on the parcel; a setback of 5 feet from the home and 10 feet from the property line; abatement of plants for failure to register; additional fines, per plant, for failure to abate; failure to abate and or register results in a one-year suspension; no cultivation within any commercial, mixed use residential, scenic corridor or beautification zone; and a request for a hearing date up to the date set for abatement.

Changes included removing a passage about not allowing indoor cultivation within a residential unit unless allowed by the dispensary ordinance; no outdoor cultivation within any property with multifamily dwellings or within a mobile home park; no outdoor cultivation without a city-approved permit; no processing of marijuana in any way that alters the chemical structure; a grow site must be secured by a locked fence at all times when the owner is not tending the site; property owner approval in writing is no longer needed for outdoor cultivation; and permission should be granted to enter and inspect grow sites quarterly for a compliance inspection with a 24-hour notice.

The new ordinance maintains the prohibition against cultivation within 100-feet of specified drainage areas, including Clear Lake, Burns Valley Creek, Miller Creek, Alvita Creek, Molesworth Creek and Cache Creek.

Folsom said Public Works Director Doug Herren asked that the council add in Borax Lake, with no cultivation from the top of the lake’s bank, and the planning commission recommended adding that the Public Works director review potential impacts on smaller tributaries.

New rules in the updated document included no cultivation on any parcel fronting Clear Lake; no cultivation within 100 feet of Clear Lake, with the setback measured based on full lake of 7.56 feet Rumsey; and no permitted grow within a hoop-style greenhouse structure.

It’s no longer required to submit a copy of current recommendation for the legal tenant or a proof of residence.

The $150 annual registration fee to cover the cost of inspections and administration is increased to $250 a year, which Folsom said is in response to the costs the city is incurring in issuing and handling the permits.

A $300 fine for failure to register a grow by May 1 will be raised to $500, with a second violation no longer resulting in a permanent growing ban but instead a three-year cultivation suspension and $2,000 fine. A new provision is included for a third violation of the city’s permitting rules, which will result in a five-year cultivation suspension and a $5,000 fine.

Folsom said the timeframes related to abatement orders also have been reduced from 10 days to five days, the minimum allowed under due process. Those include reductions for the number of days to abate, setting of the initial hearing and protest hearing, and sales of materials.

The updated ordinance recommended registration of all grow sites continue have a May 1 deadline, and will be valid through the following April 30. However, this year Folsom asked for a time extension for that permit process to July 1.

Leonard, who said she represents 80 families who grow marijuana in order to treat their children with cannabidiol oil, said mothers in the group are concerned about the permitting cost and the square footage restrictions. She also questioned why they needed to register with the city.

Sabatier said he wasn’t happy about adding in the tributaries. “We might as well say we don’t want people to grow pot in the city,” he said, due to the huge number of tributaries.

Herren said he would only be looking at major tributaries due to concerns about nutrient load. “It’s going to be case by case.”

Mayor Russ Perdock asked about the number of marijuana plants the city abated last year. Celli said the police took out 60,000 plants in illegal grows, with city code enforcement removing another 5,000 plants.

Sabatier moved to approve the updated cultivation ordinance with the removal of the requirements about tributaries but adding Borax Lake to the accepted list of waterways, including the extended permit application deadline for this year to July 1 and changing the word “residence” to “parcel” in the definitions. The council approved that ordinance 5-0.

Also on Thursday, the council presented proclamations declaring April as Child Abuse Awareness Month and the week of April 9 to 15 as Public Safety Telecommunications Week.

Public hearings related to making energy-related improvements at city facilities were held over to April 27 at the request of city Finance Director Chris Becnel as all of the materials needed for the presentation weren’t yet ready.

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