CA: Council To Vote Today On Cannabis Moratoriam

Ron Strider

Well-Known Member
Martinez City Council will decide tonight whether to impose a temporary moratorium on all commercial cannabis activities.

Should the ordinance be adopted, exceptions would be made for pending applications for medicinal marijuana dispensaries, said City Attorney Jeffrey A. Walter in his report to the Council.

At its Oct. 18 meeting, the Council first looked at the urgency ordinance that would place the temporary ban on all commercial marijuana activities in the city.

But that night was the first time the panel heard that someone has applied to open a medicinal marijuana dispensary. Instead of approving the urgency ordinance, the Council asked its staff to provide an exemption for that specific application, Water wrote.

After that meeting, city employees met with the applicants and their prospective landlords.

"There appears to be a genuine desire on the part of the applicants and the property owner to work with the city to make sure that if, indeed, their proposal to establish and operate a medicinal cannabis dispensary at the proposed location, namely, 4808 Sunrise (Drive,) is granted, it will not escape the requirements, fees and payments that would otherwise be imposed by the City Council were it to adopt a comprehensive regulatory scheme governing the permitting, establishment and operation of medicinal cannabis dispensaries in the city of Martinez," Walter wrote.

As a result, Walter wrote, the urgency ordinance has been rewritten to allow the exemption for the pending application.

A companion ordinance that Walter will introduce to the Council tonight would add new verbiage to the Martinez Municipal Code to prohibit indoor cultivation of cannabis, except under specific circumstances, and banning commercial cannabis activities, except for the specific pending medicinal cannabis dispensary.

The Martinez Planning Commission has recommended the revision.

The new zoning ordinance would ban indoor cultivation of cannabis except for six plants per residence, consistent with California's Proposition 64 that was approved Nov. 8, 2016, by voters.

Another section mentions the rights of individuals to obtain, possess, provide and use specific amounts of marijuana for personal use, whether it is for medicinal or recreational purposes.

In his report, Walter has described the zoning ordinance as "belts and suspenders." But he wrote that if one set of the city's laws is overturned through legal challenge and the other ordinance is not, "the city will remain protected against the unwanted establishment of cannabis businesses an/'or other cannabis activities."

Also on tonight's agenda is an update on the Martinez Climate Action Plan and its sustainability programs. Michael Chandler, deputy director of administrative services, wrote the Council, saying the report will include information on a recent greenhouse gas emissions inventory and on programs that funded during Fiscal Year 2017-18.

City Engineer Tim Tucker will ask the Council to approve resolutions accepting bids for the Martinez Intermodal Facility's third phase, covering the pedestrian bridge, enhancements to Ferry Street and improvements to trails.

He will ask the Council to approve a $6.1 million construction contract with Gordon N. Ball and to amend a city agreement to add up to $256,840 in construction support for the project.

The Council, through Mayor Rob Schroder, will issue proclamations to the Anne Loucks Chapter of the Daughters of the American Revolution, for the 75th anniversary of Soroptimist International and in recognition of November as Homeless Awareness Month. The panel also will hear an update on Leadership in Sustainability.

The Martinez City Council will meet at 7 p.m. today in the Council Chamber of Martinez City Hall, 525 Henrietta St.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Council to vote today on cannabis moratoria : Martinez News-Gazette
Author: Donna Beth Weilenman
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