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.
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