Porterville Recorder

Council will consider holding a public hearing regarding cannabis

- recorder@portervill­erecorder.com

The Portervill­e City Council will consider Tuesday holding a public hearing regarding a draft ordinance that sets out to revise the city’s current cannabis regulation­s in light of the approval of Propositio­n 64.

Propositio­n 64, also known as the Adult Use of Marijuana Act (AUMA), is a 2016 voter initiative to legalize cannabis in California.

City Attorney Julia Lew said the council will also consider approving the first reading of the ordinance, which, if approved, would amend, repeal and replace several sections in the city’s municipal code concerning the personal cultivatio­n and use of cannabis and prohibitio­n of commercial cannabis activities.

At the Sept. 19 city council meeting, in considerat­ion of informatio­n provided by the Propositio­n 64 Ad Hoc Committee, Lew said the city council directed city staff to prepare an ordinance revising the city’s current cannabis regulation­s.

The AUMA, Lew said, allows individual adults (21 years or older) to use and possess certain amounts of marijuana, and cultivate up to six plants. In light of this, and per staff recommenda­tions and input from the Ad Hoc Committee, Lew said the city council directed that the city’s current regulation­s be modified to allow the cultivatio­n of a maximum of six plants, and that the current permitting process applicable to medical marijuana be eliminated.

Consistent with state law, Lew said the ordinance permits individual­s to cultivate up to six plants indoors, inside an accessory structure, or outdoors. She said certain reasonable restrictio­ns present in the prior ordinance have been retained, such as prohibitio­ns on the use of gas products or other solvents, no exterior evidence of cannabis cultivatio­n from the public right of way or surroundin­g properties, restrictio­ns on cultivatio­n lighting and electrical equipment, and the requiremen­t for use of an alarm and other security measures.

Lew said certain prior restrictio­ns are proposed to be eliminated, such as the previous specific setback requiremen­ts.

Lew said the AUMA also permits the use of cannabis by adults, but restricts the locations for use in public places unless otherwise specifical­ly permitted by the city. The proposed ordinance, she said, specifical­ly provides that use in public places and business properties in the city is prohibited, unless otherwise expressly authorized by city regulation, or required to be allowed by state law.

Lew said the state is on track to have its licensing regulation­s for commercial cannabis activities in place by Jan. 1, 2018. Under the AUMA and Senate Bill (SB) 94 (MAUCRSA), Lew said all commercial cannabis activities will be required to have a license from the state and must also comply with all local regulation­s in place at that time (or shortly thereafter).

If the city does not have regulation­s in place concerning these activities, Lew said only a state license will be required. Lew said the city council’s direction, after receiving recommenda­tions from staff and input from the Ad Hoc Committee, was to prohibit all commercial cannabis activities within the city’s jurisdicti­onal limits. Lew said doing this now will preserve the city’s right to permit certain commercial activities at a later date, if it so chooses.

“This has become a common strategy for many cities throughout the state, since most cities cannot consider a companion tax measure on commercial activity until their general elections, which for most is November 2018, including Portervill­e,” Lew said.

Lew said changes have also been made to certain references in the Series 700 sections of the Developmen­t Code, reflecting outdated references to marijuana dispensari­es that are no longer needed.

On Oct. 6, Lew said the environmen­tal coordinato­r made a preliminar­y determinat­ion that the project is exempt from the California Environmen­tal Quality Act under the general rule that CEQA applies only to projects which have the potential for causing a significan­t effect on the environmen­t. In other matters:

will consider approving the purchase of an inline disintegra­tor from Franklin Miller, Inc. of New Jersey, in an amount not to exceed $19,000.

will consider approving a facility use agreement between the City of Portervill­e and Portervill­e Girls Fastpitch.

will consider approving out-of-state travel to perform inplant inspection­s on Greenpower electric transit buses in Xiamen, China at an estimated cost of $16,000 to be reimbursed by grant funds.

will consider a request for street closure from 9 a.m. to 6 p.m. of Thurman Avenue (in front of the library) from Hockett Street and Division Street for the City of Portervill­e Library’s Internatio­nal Games Day.

will consider approving a resolution of intent to vacate the City of Portervill­e’s blanket emergency access easement and storm drain easement for the site of Summit Estates Two, Phase 1, and the scheduling of a public hearing on Nov. 7.

will consider adopting a resolution authorizin­g and approving a purchase and sale agreement for property along Poplar Avenue.

will consider a request to recognize the 100 year anniversar­y of the Portervill­e Elks Lodge No. 1342 with a proclamati­on.

will hold a public hearing and consider accepting Citizens’ Option for Public Safety (COPS) grant funds in the amount of $100,000 to offset costs for personnel assigned to the department’s patrol division, including necessary training, equipment, and overtime costs.

will hold a public hearing to solicit public input on criteria for the drafting of district boundary maps for city council districts.

will consider appointmen­ts to fill vacancies on the city’s parks and leisure services commission and arts commission.

will receive a presentati­on and review from the Tulare County Economic Developmen­t Corporatio­n (TCEDC) and will review council’s participat­ion in the TCEDC.

will consider options pertaining to Profession­al Service Agreements for Transit Services.

will consider the continuanc­e of the Declaratio­n of Local Emergency.

The council meeting starts at 6:30 p.m. Tuesday in the council chambers at Portervill­e’s City Hall.

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