- Elizabeth Larson
- Posted On
Lakeport City Council looks at new commercial marijuana rules
LAKEPORT, Calif. – At its meeting last week the Lakeport City Council took a first look at proposed new rules related to commercial marijuana activities and approved vehicle purchases for two departments.
Community Development Director Kevin Ingram introduced to the council a new ordinance to permit and regulate commercial marijuana, or cannabis, operations along with an ordinance amending current rules permitting and regulating personal cannabis cultivation.
Public hearings on both sets of rules are set for the council’s Dec. 19 meeting.
Ingram said the changes were necessary due to changes in state law as a result of Proposition 64 and SB 94.
Running through a quick history of the work on the proposed commercial regulations, he said the city formed a working group to look at updating the regulations, with the group’s overarching goal being to balance the concerns of those who don’t want commercial marijuana in the city with those who do.
The working group established some basic performance standards, the biggest piece being to recommend limiting retail sales to delivery only, he said. They also put together general performance standards.
Ingram said the city carried out extensive community outreach, the council and planning commission held a joint meeting to discuss the rules, and the commission held a series of meetings in October and early November to go over the rules in-depth.
The planning commission felt it was premature to rule out commercial retail in its entirety, and made recommendations that certain uses be allowed in professional office and major commercial zoning designations, he said.
The outcome of the work also resulted in a proposal to put performance standards for such operations not in the zoning ordinance but in chapter five of the city code, Ingram said.
Ingram said there was no action to be taken, other than taking public comments and setting a public hearing for Dec. 19.
During public comment, the council heard from George Smith, a 50-year resident who said it was his first time speaking to the council.
Smith, who lives on Clear Lake Avenue, asked that commercial areas around Eighth and Ninth streets – which are near residences, apartments, hotels, churches and the old Natural High School property – be removed from the locations where the commercial cannabis activities would be allowed.
Another speaker, Ann Blue, told the council, “I'd just as soon there was no such thing as marijuana, but that's beside the point,” adding she was concerned about the policing of marijuana-related uses.
Lakeport Police Chief Brad Rasmussen said there was no intent to increase policing. He said his department has been involved with the regulations since the beginning, and it will be involved with issuing permits.
“We have a really nice little town here, and I'd like to keep it that way,” said Blue, adding that she hoped the council will give the community the very best protection it can.
Ingram said the proposed ordinance sets out very detailed requirements for commercial cannabis operations, from submittal of operations and security plans to background investigations, and review of facilities by police and fire agencies.
City Planning Commissioner Michael Green, who also is a marijuana consultant versed in state regulations, said if the city does a good job at enforcing the regulations, then the presence of commercial cannabis activities would be an economic development asset, one he suggested could fit in the downtown.
He also suggested the council not ban the activities from the lakefront revitalization area, suggesting the city has a historic chance to bring economic activity into its downtown, where some storefronts are sitting vacant.
Mayor Stacey Mattina said the commission had made a lot of changes to the proposed regulations, and was concerned about the additions of so many zones in the city for commercial cannabis when she believed no one was asking for it.
Ingram said they can always make future amendments, although, “You can’t take things away.”
Mattina wanted to take a careful approach. “I'm sure this is going to be a moving target over the next year.”
Rasmussen said he had concerns about retail activities, especially downtown, as well as the commission’s suggestion that lounges with onsite consumption should be allowed.
Councilwoman Mireya Turner said she believed they could put off the matter of onsite consumption until some point in the future, as she didn’t believe the city had the resources to monitor it.
Mattina asked Councilman George Spurr his thoughts about lounges. “It’s something I don’t think we should have, actually,” he replied, explaining that it’s one thing to buy a product on site, it’s another thing to consume it.
However, Councilman Tim Barnes said he wasn’t opposed to it, as to him it was similar to a bar.
Returning to the microphone, Green said he had concerns about retail being limited to delivery only, as he believed it had bigger problems as far as security and cash handling. He added that storefronts are a more mature business model.
Mattina said she wanted to go back to the original draft, not the commission’s version of the rules, as the council had not heard enough input in support of the changes.
“A middle ground is what that original draft was,” she said.
Ingram said the commission struggled over whether retail was appropriate, and in the end allowed for a limit of two such establishments, borrowing from the city of Cloverdale’s limits.
Turner said she knows cannabis is a unique and a new industry as it’s now being approached. She said she tries to look at how the city regulates business in general, questioning how many auto parts stores the city now has.
“I would absolutely agree with that,” said Councilman Kenny Parlet.
City Manager Margaret Silveira said in the case of liquor licenses, when granting them an area can’t be saturated.
Planning Commissioner Ken Wicks Jr. said the two store cap would allow the city to change.
“You have the ability to ban the whole thing if that's what you want to do,” but he said the commission was trying to give the council options.
Mattina said many things are unclear and changing, and that the draft before them could be taken up later. However, the city needs to have regulations to present to the state by Jan. 1. She said she didn’t see the need to add in so many new provisions right away.
Ingram said the staff could provide the original draft and the commission’s draft at the next meeting.
Another commissioner, Michael Froio, said he was surprised the council would want to go back to the previous draft, especially considering all of the commission’s work and the effort to meet the state deadline.
“What we hoped to do for you was to bring common sense ideas to this group,” he said, adding he hoped they would look at the commission’s work, fine tune it and move forward.
Turner said she liked a commission proposal that would allow for testing facilities – with a 5-pound maximum – to be allowed in professional office space. She’s visited such locations in Santa Rosa and they tested only small amounts, and said if security measures are in place the amount limit doesn’t make sense.
Parlet said he had concerns about delivery services, which he said aren’t controllable and could have issues. He added he didn’t feel it was rational to stigmatize marijuana dispensaries as crime centers.
Turner suggested the council could create a commercial cannabis overlay zone where they prefer to see the various uses located.
Rasmussen said he was concerned that retail establishments would elicit more need for police response.
City Attorney David Ruderman pointed out that such establishments have security issues that relate to the fact that they often have large amounts of cash on hand due to the continuing challenges relating to federally insured banks taking funds from the marijuana industry.
The council ultimately moved to advance the commercial cannabis rules to the Dec. 19 hearing unanimously.
Ahead of that meeting, the council will hold a special meeting on Dec. 4 to further consider the proposed commercial regulations.
The council also unanimously advanced the updates to personal marijuana cultivation rules, which Ingram said were just updated to comply with state regulations.
Also at the Nov. 21 meeting, the council approved Public Works Director Doug Grider’s request for a budget adjustment for an additional $25,000 for the purchase of a 10-wheeler dump truck, an item that Grider said had been included in the annual budget.
He said it was necessary because the dump trucks the city has been using for the last 40 years are just about worn out.
Rasmussen also received approval to purchase two fully equipped 2018 Dodge Charger police vehicles Thurston Auto along with mobile audio visual units.
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112117 Lakeport City Council agenda packet by LakeCoNews on Scribd