Pubdate: Sun, 11 May 2014 Source: Martinez News-Gazette (CA) Copyright: 2014 Gibson Publications Contact: http://www.martinezgazette.com/ Details: http://www.mapinc.org/media/5153 Author: Rick Jones OUTDOOR MARIJUANA CULTIVATION GOES UP IN SMOKE; BAN PASSES Council also introduced to new officer, hears plea to oppose crude by rail MARTINEZ, Calif. -- In stark contrast from previous council meetings, the Martinez City Council passed an ordinance banning the outdoor cultivation of medical marijuana with no public speakers or council comments. By a vote of 4-0, Martinez joins a growing list of California cities restricting within city limits the growing of medical marijuana. A recent decision by the California Supreme Court to not hear an appeal of lower court ruling that upheld a city's right to ban the growing of medical marijuana stiffened the council's resolve to enact a ban. Last year, Martinez police received complaints about a strong marijuana smell emanating from the backyard of a house in the Brittany Hills subdivision. An investigation revealed that the plants were legal because the resident had a medical cannabis card and was a caregiver for five other patients, according to police. Large numbers of marijuana plants were also growing in the yards of two other properties, Martinez Police Chief Gary Peterson said. In early 2014, the Martinez Planning Commission passed an ordinance that would limit outdoor grows to six plants. The ordinance amendment was reviewed by the police department and passed in a 3-2 split vote by the commission. When the six plant limit was brought before the City Council on March 19, many public speakers argued for a complete ban during an emotional meeting. The council, in a 3-2 vote, approved an amendment allowing residents to grow six marijuana plants for personal medical use. Two public hearings are required for final approval and during the interim before the next council meeting, the California Supreme Court decision was announced on March 27. Mayor Rob Schroder and council members Mike Menesini and Anamarie Avila Farias said they voted for the March ordinance because it was better than nothing, and that a complete ban could potentially expose the city to lawsuits. "That makes all the difference. I am now in favor of a total ban," Schroder said when he learned of the decision. The council, now unanimous in support of a complete ban, instructed city staff at the April 2 meeting to prepare an ordinance that would ban outdoor growing. At the April 16 council meeting, a packed house, complete with camera crews from San Francisco television stations, heard two dozen speakers plead their arguments either for or against the total ban. The ordinance passed 5-0 at that first public hearing, placing it on the next agenda for a second hearing and final approval. A large crowd was again assembled for the May 7 meeting, including many who had previously spoken in support of a ban. However, when it came time for the consent calendar portion of the council meeting, there were no public speakers or council comments, allowing the ordinance to be unceremoniously approved by a 4-0 margin. (Councilmember Mike Menesini was not in attendance.) With the vote complete, 20 or more of those in attendance filed out, with Tom Greerty pausing to thank the council. In other council business, acting Martinez Chief of Police Eric Ghisletta introduced Officer Matthew Castillo, the city's 34th officer. Swearing in was performed by City Clerk Gary Hernandez. Officer Castillo was pinned by his father, Monte Castillo. Chris Dundon, Contra Costa Water District (CCWD) Conservation Supervisor, provided a brief update on CCWD water supply and an overview of the conservation program. He noted the board adopted a 15 percent voluntary reduction. Dundon stated that CCWD is the wholesale water provider for Martinez. The Los Vaqueros Reservoir was expanded in 2012, helping the district during the current drought. Dundon said that conservation efforts over the past years have helped keep water use down, compared to peak usage 15-20 years ago. For further information contact (925) 688-8320 ccwater.com. Bill Nichols of the Martinez Environmental Group spoke in opposition to rail transport of hazardous crude oil through Martinez and the East Bay. He urged the Council to adopt a resolution opposing the transport of hazardous crude by rail along the Union Pacific and Santa Fe railway through California, the East Bay and Martinez. Nichols also requested that the council petition Governor Brown to issue an executive order. Nichols stated that a type of crude oil, known as Bakken crude, which is highly volatile, is being transported in significant volume across the United States and Canada by structurally deficient rail cars. Canada has ordered a phase out of over 5,000 older rail tank cars by the end of May 2014. Because the U.S. has not decided on tanker rail car regulation, this new regulation in Canada will force these older cars to be used exclusively in the U.S. Nichols urged immediate attention to this issue. The federal Department of Transportation said on Wednesday that railroads would be required to notify local emergency responders whenever oil shipments traveled through their states. Calling a "startling" pattern of spills and fires an "imminent hazard" to the public, the emergency order follows a spate of accidents that have raised concerns about the safety of the trains that carry increasing amounts of crude oil from the Bakken region of North Dakota across the United States. There were seven catastrophic incidents in 2013 involving trains transporting Bakken oil. The order said railroads with trains that carry more than 1 million gallons of Bakken crude, the equivalent of about 35 tank cars, must provide state emergency commissions with detailed information about their shipments within 30 days of the emergency order. Typically, oil trains carry 100 cars or more. The requirement includes disclosing the number of trains each week, the specific routes the trains will travel and which counties they will cross. - --- MAP posted-by: Matt