CLEARLAKE >> The sound of applause filled the council chambers at Clearlake City Hall Thursday night when the city council unanimously agreed to repeal a no-grow ordinance that had banned marijuana cultivation.
The decision came after a referendum petition was submitted in a challenge to the ordinance following its approval by the council on a 4-1 vote at the end of February.
A total of 1,217 signatures were collected, with 635 being valid — just five more than the number required.
Many had expected the council to place the cultivation ban on a ballot for the public to decide. Several members of the council cited the costs of a special election and potential litigation as part of the reason they wanted to repeal the no-grow ordinance.
Mayor Denise Loustalot said that spending more money and facing lawsuits was never the council’s desire.
“Our intentions were to make the community safer,” she explained.
Councilman Bruno Sabatier, who was the sole vote against the no-grow ordinance in February, said the referendum and lawsuits came as no surprise.
“I think we kind of expected that these were things that were in the works,” Sabatier said. “We knew there were threats of lawsuits. I’d hate to see us take another gamble.”
Of close to 50 people in attendance at Thursday night’s meeting, all who offered comment voiced their support of the repeal and desire rid the city of illicit, large-scale growing operations.
“We need to come together as a community,” Councilman Russell Perdock said.
With the repeal of the no-grow ordinance, the city’s former marijuana ordinance goes back into effect. However, the council directed staff to return at its next meeting with some changes to the ordinance.
The changes will include a maximum limit of six plants for each parcel in the city, instead of the sliding scale of allowed plants based on parcel size. Additionally, a maximum plant height of five feet and fencing will be included in the ordinance, in order to keep plants out of public view.
“We are going to do what we can to protect our community … I want us all to enjoy what it has to offer,” Vice-Mayor Gina Fortino-Dickson said.
If the council didn’t decide to rescind the no-grow ordinance, they could have placed it on the Nov. 3 general district election or Nov. 8, 2016 general municipal election ballots. A special election could have also been scheduled for any Tuesday other than Nov. 3 as long as it was at least 88 days after the council’s decision. However, there were indications that the plan would be challenged in court.
“Even if we win the special election, we still face the litigation,” Sabatier warned the body during the debate.
Unanimous consensus was reached on forming an ad hoc committee, which will work to develop long-term solutions to concerns regarding medicinal marijuana cultivation. As the creation of a committee was not on the agenda, the topic will be brought before the council at it’s March 28 meeting.
Contact J. W. Burch, IV at 900-2022.
