Council to consider amending current marijuana ordinance

New ordinance would allow cultivation of six plants indoors or outdoors with restrictions

The Porterville City Council will consider providing direction Tuesday that the city attorney prepare an ordinance to permit the personal cultivation of up to six marijuana plants indoors or outdoors with certain restrictions.

The council will also consider allowing those with an existing medical cannabis cultivation permit to continue until the permit expires, and prohibit all commercial cannabis activities to be in effect by Jan. 1, 2018. Additionally, the council will consider determining goals for the Ad Hoc committee in regards to the possible commercial uses, as well as whether or not to evaluate the requirements of a tax measure to be placed on the November 2018 election.

On March 7, 2017, the city council held a study session regarding Proposition 64 — a 2016 voter initiative to legalize cannabis in California.

The purpose of the study session, said City Attorney Julia Lew, was for city council to review the Adult Use of Marijuana Act (“AUMA”) and the portions of the new state law that allow additional local control, and to provide direction to staff concerning those areas of local control.

Lew said council established an Ad Hoc committee consisting of Councilmembers Cameron Hamilton and Monte Reyes and directed staff to coordinate a meeting of the committee.

On May 2, 2017, Lew said the Cannabis Ad Hoc committee met with staff members and two members of the community representing the cultivation of personal use cannabis. She said a chapter of the Porterville Municipal Code currently allows a qualified patient to cultivate up to 12 medical marijuana plants outdoors if the patient meets the qualifications and is able to obtain a cultivation permit.

With the passage of Proposition 64, Lew said individuals may cultivate up to six living marijuana plants indoors. She said the Porterville Police Department continued to advocate that the city council consider allowing a maximum of six plants be cultivated, which is consistent with Proposition 64, regardless of whether the purpose is medical or recreational.

Lew added that the police department also recommended that no registration be required for such use. She noted that a city may allow the cultivation of the six plants, allowed by Prop. 64, to be cultivated outdoors.

Lew said community members present at the Ad Hoc committee meeting were favorable to providing regulations to allow outdoor cultivation of no more than six plants and removing the requirement for a permit. She noted that the Ad Hoc committee met with various staff members from the city’s police and fire departments, as well as the city’s community development and public works department on Aug. 15 to discuss the various types of commercial activities.

“Public works staff, in light of the Sustainable Groundwater Management Act and the council’s goals for water conservation, strongly discourage commercial crop cultivation in the Tule River sub-basin,” Lew said in a staff report.

Lew said the committee recognized that there have not been any meetings with representatives from the various types of commercial cannabis activities. She said councilmembers requested an item be brought back to city council in light of the fact that the law requires that if a jurisdiction wants to regulate commercial activity, the agency must have regulations in place by Jan. 1, 2018.

The council will also consider adopting a draft resolution initiating procedures for establishing and implementing bydistrict elections.

On Aug. 30 of this year, Lew said the city received a letter from the law firm of Melo and Sarsfield on behalf of “a group of voters who reside within the jurisdictional boundaries of the City of Porterville,” alleging that the city and its at-large city council election system is not in compliance with the California Voting Rights Act (CVRA). Specifically, Lew said the firm alleges that Porterville’s system violates the CVRA by diluting the ability of Latinos to elect candidates of their choice or otherwise influence the outcome of the city council elections.

Under the CVRA and recent case law, Lew said at-large elections that prevent minority members from electing chosen candidates, as well as elections that impair the ability of minority voters to influence elections, are prohibited. At large elections, Lew said, are not facially unconstitutional, but an “as applied” violation is established if it is shown that racially polarized voting occurs in the elections. In other matters:

Will consider approving the relocation of three Motorola Radio Base Stations and payment in the amount of $7,243.33 to J’s Communications.

Will consider approving the repair of Wastewater Treatment Facility (WWTF) Boiler, and the initiation of a purchase order and payment to R.F. Macdonald in an amount not to exceed $36,790.

Will consider awarding a contract to Solenis for a submitted quote of $1.01/pound for polymer K290FLX coagulant aid. Will also consider authorizing the public works director to sign the contract with the option for three additional one year extensions providing both parties mutually agree to any price adjustments after the first year.

Will consider accepting a donation valued at $200,000 from an anonymous donor.

Will consider approving an amendment to the agreement with Greenpower to authorize progress payments to Greenpower for charging stations and buses in accordance with performance milestones.

Will consider approving the city library’s annual Food for Fines Campaign to run from Oct. 1 to Dec. 31.

Will consider approving Central California Family Crisis Center, Inc.’s 19th annual Domestic Violence Candlelight Vigil to run from 6 to 8 p.m. on Tuesday, Oct. 17 at Centennial Park.

Will consider approving U.S. Marines Reserves Toys for Tots Christmas to Remember Car and Bike Show to run from 8 a.m. to 3 p.m. on Saturday, Oct. 21.

Will consider approving Only the Brave 5K Run put on by the Wildland Firefighter Foundation and Galaxy 9 Theatres. If approved, the event will run from 7:30 to 11 a.m. on Saturday, Oct. 21 at Galaxy 9 Theatres.

Will consider approving a request to proclaim the month of September 2017 as Railroad Safety Month.

Will consider approving a request to proclaim the month of October 2017 as Domestic Violence Awareness Month.

Will consider a Resolution of Necessity to acquire a portion of property located at West Side of Hillcrest Street, North of Jasmine Drive in Porterville in order to construct a water tank and other improvements for the East Porterville Water Supply Project.

Will consider approving a request for a Conditional Use Permit for Joe’s Westside Market for a Type 21 Alcohol License and for Big Bite BBQ for a Type 41 Alcohol License at 22388 Avenue 152.

Will consider approving a request for a Conditional Use Permit for the 99 Cent Store for a Type 20 Alcohol License at 825 W. Henderson Avenue.

Will consider the appointment of an individual to the city’s Arts Commission.

Will consider staff efforts pertaining to a Henderson-prospect Specific Plan.

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.