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HomeMy WebLinkAboutmed marijuana correspondence - multiple lettersMo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 16, 2011 11:51 AM To: Moghannam, Kathleen Subject: FW: Proposed Butte County Marijuana Ordinance BOARd OF St3PSRVISORS --~-- -- Rf}ll-I~-L~= GA~-0I'~I~IA- Frain: Byron McLaughlin [mailto:mc11000@sbcglabaf.net] Sent: Monday, May 16, 2011 11:39 AM To: Wahl, Larry Cc: Yamaguchi, Kim; Kirk, Maureen; Connelly, Bill; BOS District 4 Subject: Re: Proposed Butte County Marijuana Ordinance Larry Wahl, like the Biggs ordinance. Except on a point, l have to deal with my neighbors who grow. their drying shed is about 5' from my property and the attic vent in an open garage faces my property. Sa the smell is very strong taming out of the vent, note without a fan! But still very strong! The wording needs to be specific about how the smell is controlled even in a fully enclose and secure structure. Also on a side Hate, since I have property, approx. 5 acres, I have been approached by several people offering fairly large sums of money to grow here, 20k was the lowest. I see that as a problem also! That is very enticing in these troubled economic times. All the more need for indoor and monitored growing facilities. This is becoming a big business with many people making a lot of money and anyone can get a cert to grow for their own use???? l clearly see this by the new cars and motorcycles that show up after harvest! Clearly this is a commercial venture of a what should be closely monitored and l feel heavily taxed to cover those monitoring expenses! I hope this can be resolved soon, as I see the growing season starting up with about 18 plants???? getting started next door, on the 1 acre parcel! Note, I am Hat against the growing of pot, just the how, where and by who! The impact on the neighbors rights, cost to the government to track it, and there are taxable profits just like any other business. Thank you, Byron McLaughlin From: "Wahl, Larry" <LWahl@buttecounty.net> Sent: Fri, May 13, 2011 2:10:15 PM Subject: FW: Proposed Butte County Marijuana Ordinance Butte County Residents, Are you fed up with marijuana growing in your neighborhood? So too are many of our fellow residents. These grows are filling our hills with major commercial operations. Residential areas are being inundated with marijuana. These grows produce offensive odors, endanger children and cause families to worry far their safety. The hills are being environmentally damaged, guards armed with automatic weapons are prevalent and neighbors threatened. In spite of California law marijuana cultivation, use, possession, sale and transport is prohibited by federal law. As a nation of laws what signal do we send to our young people? Can we pick and choose which laws to obey? Are pot growers rights more important than anyone else's? I say NO. But what can be done? There is a solution. Like Biggs, Fresno County, Rocklin and South Lake Tahoe the Board of Supervisors can simply prohibit outdoor marijuana grows. This will be in the best interest, safety and quiet enjoyment of home that all county residents deserve. Indoor grows and collectives could still be available for those truly in need of medical marijuana. Below is a review of the Biggs ordinance. Please look it over and contact each of your Supervisors to make your concerns and opinion known. Most importantly, please also attend the next County Supervisor meeting to voice your opinion. Meeting date is Tuesday, May 24, at 10:30AM at the Butte County Fair Grounds in Gridley. We can and must protect our neighborhoods. Please forward this message to all who may be interested. Thank You. Sincerely, t/~r~y wahl Supervisor, District Two Iwah I{cr~.buttecounty. net 891-0685 Contact information. Bill Connelly Supervisor, District One bconnell buttecoun .net 53$-6834 Steve Lambert Supervisor, District Four District4 __buttecounty.net 538-2516 Maureen Kirk Supervisor, District Three m kirkCc~ buttecounty. nets 891-2300 Kim Yamaguchi Supervisor, District Five kvamag uchiCa7buttecounfy. net 872-8303 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BIGGS AMENDING PORTIONS OF THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDlOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. ORDINANCE NO. 385 OF THE CITY OF B1GG5 AMENDS PORTIONS THE BIGGS MUNICIPAt CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. The purpose of the Compassionate Use Act of 1996 is to allow seriously ill Californians to use marijuana for medical purposes without fear of criminal liability under Health & Safety Code Sections 11357 which criminalizes possession of marijuana and 11358 that criminalizes cultivation of marijuana. In addition to providing an exception to prosecution under Health & Safety Code possession and cultivation respectively; a qualified patient, identification card. holder,.or primary caregiver shall not be subject, on the sole basis of being designated such a person, to criminal liability sale of marijuana, transportation, sale or gift of marijuana, property used for trafficking marijuana, manufacturing or distribufing marijuana, and buildings or places deemed a nuisance. The Federal Controlled Substances Act ("CSA"), 21 tJ.S.C. Sections 801-904, provides it is unlawful for any person to knowingly or intentionally posses a controlled substance unless the substance was obtained from a practitioner, while acting in the course of his profession or practice, either directly or pursuant to a prescription. A tension exists between state and federal law an the issue of marijuana possession, cultivation and medical use. Medical marijuana cultivation and use as prescribed by the Compassionate tJse Act does not violate state law, although it is a federal crime. Marijuana plants, as they begin to flower, produce an extremely strong odor, objectively offensive to many people, and detectable far beyond cultivation property boundaries. The City of Biggs has received numerous complaints of odor relating to the growing of medical marijuana in residential neighborhoods; and, the odor of marijuana plants creates an attractive nuisance, alerting persons, both minors and adults, to the location of the marijuana plants, and creating a risk of burglary, robbery, armed robbery and illegal drug use. The sight of marijuana plants creates visual blight within residential neighborhoods in the City of Biggs and the sight of marijuana plants on a parcel of residential property acts to decrease the value of residential property within the City of Biggs. As a result the Biggs Municipal Code was amended in 2008 to declare as matters of public nuisance the observation of marijuana plants, from the street or neighboring property, or the odor of which is detected from the street or neighboring property and to further require that that a qualified patient or primary caregiver may cultivate and/or store marijuana but only if such storage andlor cultivation is confined and limited to and within a fully enclosed and secured structure. It is the purpose and intent to implement state law by providing a means far regulation of the cultivation of medical marijuana in a manner that is consistent with state law and that balances the needs of seriously ill patients, identification card holders, and their care givers, whiEe at the same time promote the health, safety, morals and general welfare of the residents of the City of Biggs. This Ordinance complies with state law and imposes reasonable rules and regulations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Biggs: the abatement measures set forth shall be utilized in the followin nuisance circumstances: marijuana lants. or the cultivation of marijuana lants visible from the street or nei hborin ro ert • the odor of mari'uana detected from the street or nei hborin ro ert ~ or the resence cultivation andlor stora a of marijuana, except within a folly enclosed and secured_structure. The City, through a code enforcement office or other desi nees shall issue a notice re uirin abatement within 48 hours after the ostin of that notice in a cons icuous lace at the location of the nuisance. If after the ex iration of the notice eriod the nuisance has not been abated the Ci shall take ste s to secure an administrative warrant. B such warrant the Ci shall seek 'udicial authori to enter u on the sub'ect remises for the ur oses of ins ection andlor immediate and direct nuisance abatement. Fines in the amount of i OOU er da shalt be im ased for each da of violation of this Cha ter after the 48 hour notice eriod set forth above. Mo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 16, 2011 9:09 AM To: Moghannam, Kathleen Subject: FW: FW: Proposed Butte County Marijuana Ordinance From: perkins8@juno.com [maiito:perkins$@juno.com] Sent: Monday, May 16, 2011 9:05 AM To: Wahl, Larry Cc: Connelly, Biil; Kirk, Maureen; Lambert, Steve; Yamaguchi, Kim Subject: Re: FW: Proposed Butte County Marijuana Ordinance Thanks you for forwarding the Biggs Ordinance. I would support such an ordinance. I also want to express my agreement with the editorial written by David Little and published this past Sunday. I attended the meeting at the Chico Elks Lodge and was sickened by the behavior of the majority of the attendees (growers). When one lady spoke in favor of the ordinance, a man. behind me said "get her address! ! ", and when a man spoke, someone behind me said "he won't be around next year". There was foul language, threats, boos...very sad that such a hostile group attended and would not behave with decorum. I hoe the Board will not back down on this issue. I too feel for the ones who feel the marijuana helps them with their illness but the people at the meeting were not concerned with those individuals, but with their greed. There has to be a way to dispense the medical marijuana to those with illness without involving this offensive element of our society. Thank you for your service to our con~nunity. Pat Perkins, Durham, CA Get Free Email with Video Mail & Video Chat! BOAf~}7 pF S1iPE~VISO~S gar ~ s zoii Of~OVfLLE, GA~lFORNfA Mo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 16, 2011 9:00 AM 70: Moghannam, Kathleen Subject: FW: concerning the proposed marijuana ordinance From: Christine Retzer [mailto:christineretzer@yahoo.cam] Sent: Saturday, May 14, 2011 1.2:52 PM To: Connelly, B911; Wahl, Larry; Kirk, Maureen; BOS District 4; Yamaguchi, Kim Subject: concerning the proposed marijuana ordinance To the Board of Supervisors; I attended the Durham Library meeting concerning the marijuana ordinance and the Chico meeting, held at the Elks Club. I will not be able to attend the Gridley meeting. I therefore want to let you know, that as a taxpaying, homeowner and registered voter in this county that I am very much in favor of an ordinance curtailing the growing of marijuana in our county. I have read the Biggs Ordinance no..385 and would Like to see the same ordinance passed for Butte County. I stated that I attended the special meeting in Chico, what I wonder after seeing and hearing all those who wish to continue growing the marijuana are just how many of them are tax payers and how many of them are registered voters? With Respect, Christine Campbell Retzer 19 ] S Sycamore Lane Durham, CA. 95938 •BOAFt19 OP S~PERViSORS ~~~ t, G 201 ORpvil.l.E, OA~,IPORNIA 14 Mo hannam, Kai€hleen From: Wahl, Larry Sen#: Monday, May 16, 2019 8:59 AM To: Moghannam, Kathleen Subject: FW: Proposed Butte County Marijuana Ordinance From: CARROLLTARESH [mailtv:cntinc@yahoo.com] ~ p~SU~ Sent: Saturday, May 14, 2011 12:46 PM ~A ~ 20~~ To: Wahi, Larry ~[ ~, Cc: Connelly, Bill; BOS District 4; Kirk, Maureen; Yamaguchi, Kim - t~CRN1~ Subject: Re: Proposed Butte County Marijuana Ordinance DRD~t'~'E`C~- DEAR LARRY, AGREE WITH YOUR COMMENTS AND FEEL THAT THE LEGITIMATE USE OF MEDICAL MARIJUANA COULD BE SUPPLIED BY INDOOR GROWERS. ACRES OF MARIJUANA ARE NOT NECESSARY TO SUPPLY THE NEEDS OF CRITICALLY ILL PEOPLE WHO HAVE A PRESCRIPTION FOR MARIJUANA USE. 1 SUPPORT AN ORDINANCE ALONG THE LINES OF THE BIGGS ORDINANCE. THANK YOU, CARROLL AND NANCY TARESH From: "Wahl, Larry" <LWahl@buttecounty.net> Sent: Fri, May 13, 2011 2:11:45 PM Subject: 1=W: Proposed Butte County Marijuana Ordinance Butte County Residents, Are you fed up with marijuana growing in your neighborhood? So too are many of our fellow residents. These grows are filling our hills with major commercial operations. Residential areas are being inundated with marijuana. These grows produce offensive odors, endanger children and cause families to worry for their safety. The hills are being environmentally damaged, guards armed with automatic weapons are prevalent and neighbors threatened. In spite of California law marijuana cultivation, use, possession, sale and transport is prohibited by federal law. As a nation of laws what signal do we send to our young people? Can we pick and choose which laws to obey? Are pot growers rights more important than anyone else's? I say NO. But what can be done? There is a solution. Like Biggs, Fresno County, Rocklin and South Lake Tahoe the Board of Supervisors can simply prohibit outdoor marijuana grows. This will be in the best interest, safety and F5 quiet enjoyment of home that all county residents deserve. Indoor grows and collectives could still be available for those truly in need of medical marijuana. . Below is a review of the Biggs ordinance. Please look it over and contact each of your Supervisors to make your concerns and opinion known. Most importantly, please also attend the next County Supervisor meeting to voice your opinion. Meeting date is Tuesday, May 24, at 10:30AM at the Butte County Fair Grounds in Gridley. We can and must protect our neighborhoods. Please forward this message to all who may be interested. Thank You. Sincerely, Lany Wahl Supervisor, District Two I wa h l Cal b u t# ec o u nty. n e t 891-0685 Contact information. Bill Connelly Supervisor, District One bconnelly~buttecaunty.net 538-6834 Steve Lambert Supervisor, District Four District4[ buttecounty.ne# 538-251 S Maureen Kirk Supervisor, District Three mkirkCa~buttecaunty.nefy 891-23D0 Kim Yamaguchi 5upenrisar, District Five kamaguchi a.buttecounty.net 872-5303 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BIGGS AMENDING PORTIONS OF THE BIGGS MUNICIPAL CODE TO fNCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSEGURED ANQIOR OQIFEROUS CULTIVATION OF MARIJUANA. ORDINANCE NO. 385 OF THE CITY OF BIGGS AMENDS PORTIONS THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSECURED AND10R ODtFE"ROUS GULTIVATION OF MARIJUANA. The purpose of the Compassionate Use Act of 199fi is to allow seriously ill Californians to use marijuana for medical purposes without fear of criminal liability under Heal#h & Safety Code Sections 11357 which criminalizes possession of marijuana and 11358 that criminalizes cultivation of marijuana. In addition to providing an exception to prosecution under Health & Safety Cade possession and cultivation respectively; a qualified patient, identification card holder, or primary caregiver shall not be subject, on the sole basis of being designated such a person, to criminal liability sale of marijuana, transportation, sale or gift of marijuana, property used for trafficking marijuana, manufacturing or distributing marijuana, and buildings or places deemed a nuisance. The Federal Controlled Substances Act ("CSA"), 21 U.S.C. Sections SD 1-9D4, provides it is unlawful forany person to knowingly or intentionally posses a controlled substance unless the substance was obtained from a practitioner, while acting in the course of his profession or practice, either directly or pursuant to a prescription. A tension exists between state and federal law on the issue of marijuana possession, cultivation and medical use. Medical marijuana cultivation and use as prescribed by the Compassionate lJse Act does not violate state law, although it is a federal crime. Marijuana plants, as they begin to flower, produce an extremely strong odor, objectively offensive fo many people, and detectable far beyond cultivation properly boundaries. The City of Biggs has received numerous complaints of odor relating to the growing of medical marijuana in residential neighborhoods; and, the odor of marijuana plants creates an attractive nuisance, alerting persons, both minors and adults, to the location of the marijuana plants, and creating a risk of burglary, robbery, armed robbery and illegal drug use. The sight of marijuana plants creates visual blight within residential neighborhoods in the City of Biggs and fhe sight of marijuana plants on a parcel of residential property acts to decrease the value of residential property within the City of Biggs. As a result the Biggs Municipal Code was amended in 2D08 to declare as matters of public nuisance the observation of marijuana plants, from the street or neighboring property, or the odor of which is detected from the street or neighboring property and to further require that that a qualified patient or primary caregiver may cultivate and/or store marijuana but only if such storage andlor cultivation is confined and limited to and within a fully enclosed and secured structure. ].6 It is the purpose and intent to implement state law by providing a means far regulation of the cultivation of medical marijuana_in a manner that is consistent with state law and that balances the needs of seriously ill patients, identification card holders, and their care givers, while at the same time promote the health, safety, morals and general welfare of the residents of the City of Biggs. This Ordinance complies with state law and imposes reasonable rules and regulations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Biggs: the abatement measures set forth shall be utilized in the followin nuisance circumstances: mariiuana lasts. or the cultivation of mariiuana lasts visble from the street or nei hborin property: the actor of mariiuana detected from the street or neighboring property; or the presence, cu[tivation_andlor storage of mariiuana, except within a fully enclosed and secured structure. The City, through a code enforcement office or other designees, shall issue a notice requiring abatement within 48 hours after the posting of that notice in a conspicuous place at the location of the nuisance._ If, after the expiration of the notice period fhe nuisance has not been abated, the City shall tafce steps to secure an administrative warrant. By such warrant, the City shall seek iudicial authority to enter upon the subject premises for the purposes of inspection andlor immediate and direct nuisance abatement. F_i_nes in the amount of $1000 per day shall be imposed for each day of violation of this Chapter after the 48 hour notice period set forth above. 17 Mo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 16, 2011 8:59 AM To: Moghannam, Kathleen Subject: FW: Growers are really mad, l thought l was going to be shot IBQARp OF SL1pi=4~V1SORS MAY ~ .6 ZOi1 From; Pat Vance [mailto:patpvance@nvwisp.com] pROViLI.f*, CALi1=0RldlA Sent. Saturday, May 14, 2011 10:34 AM To: Connelly, Bill; BOS District 4; Wahl, Larry; Yamaguchi, Kim; Kirk, Maureen; Snellings, Tim; Thistlethwaite, Charles Subjeck: Growers are really mad, I thought I was going to be shot Statement to sheriff Deputy Freeman, about haw I was stalked and harassed for hours, and at one point thought I was going to be shot. When the sheriff came to help me he said he was on another call at Concow lake were same other people were being threatened by growers. He was healed up by the paving on hwy 70 to get to me. I stood locked in my house with a shotgun for almost an hour while they were in the road in front of my home screaming things at me. Its now 2 days later and I still feel like I was run over by a truck and do not want to leave my house. My family went to the chocolate fest today without me. This will help you understand why people are afraid to stand up and come to the meetings and testify against them, THEY ARE NOT NICE PEOPLE. "POT GROWERS, DRUG ADDICTS" Then even when the large amount that came and testified at the last meeting mostly elderly, they got no recognition by the news papers, just said more against than for at the meeting, not an elderly man said he was chased dawn on his own property, and told he was to close the there 6 grows that surround his property, to stay in his house from Durham and his wife who sit and shook with her chin quivering, she was so scared to be there. May 12, 2011 Statement of the events from May 5th to May 12th 2011 by Patricia Vance I was at the parked in my driveway waiting for Don Pride to come pick up his $30,000 grading blade, it had been parked on my property for a couple years to save us $1000. in fees to haul it in and out to grade our roads twice a year. After I got a picture of a scull and crossbones and a headstone with my name on it, a threat left at my gates the end of last week, I had Mr. Pride come and remove it because it had been damaged before and I was afraid it would be damaged again or destroyed and I was liable for it. I was parked there in my truck (were the pot grower across the street could see me) for about 10+ minutes waiting for Mr. Pride, he had just drove in, backed his truck alongside the blade and got out and walked towards me, I got out of my truck and was walking in my driveway toward him. I heard a quad coming very fast on Rich Gulch Rd but thought it was going around on that road, then the quad was stopped at the edge of my driveway to the north behind a tree and bushes. Then it shot out at the end of my driveway and stopped and the man was looking straight at me and Don aver his right shoulder, he took his right is hand off the handle and put his hand in across his stomach under his coat. When he saw there was a man with me, Very fast he took his hand and grabbed his handle and sped off. It happened in a couple seconds, but to me it seamed in slow motion, and I thought his hand was going to come out of his coat with a gun and shoot me. I started across the driveway towards Mr. Pride for protection, when the man was stopped back at the end of my driveway, he got a cell phone out of his side coat pocket and took my picture. he was shaking his head and saying something, the quad was loud and I and Don could not hear what he said for sure I thought I heard a bitch at the end, as he drove off. The sheriff that came I said if he was just going to just take my picture, why did not he continue and just take it the first time he stopped and started to do something, The sheriff also thought that it did not seam like that was his intent the first time he stopped, that what I thought at that moment was what might have been accurate. I listened to the quad as it went to the north towards 240 Rich Gulch and it sounded like it went to the east into the woods at that point. I called Sandra Merrow and ask if a red quad with a bucket on the front of it had gone by her home on the only other road to the east and she said no. So 240 was the only place it could have gone. Then Sandra Merrow and Scott got in there car and drove by 240 Rich Gulch Rd and saw Ken Davis and Vic Mason standing in that driveway by a ditch. I testified against Ken Davis and he was convicted and given a very stiff sentence because of my testimony about his previous txeats and trespass in our community. I called the sheriff as I watched from my home as the same man an the quad went back and forth in front of my property hollering things and parking at the end of my driveway revving up the quad over and over. The sheriff took a long time to come 1 called the sheriff twice more and told the dispatch what was happening. It felt like being stalked like an animal. She told me to arm myself and not to open the door to stay inside. I told the sheriff that Ken Davis was at the 240 where the quad was coming from and that he is on bail that restricts him from 40 yards from marijuana and all the people that testified against him. And he could not harass or retaliate against any of us. I do not know what the sheriff was able to do. 1 called the sheriffs office again at about 12:30 PM an hour or so after the sheriff was here, the quad went in front of my home again and stopped at 1'72 rich gulch and then went back in front of my home again this time was the same quad, but had a smaller, thinner man dressed in a white coveralls with a shiny black motorcycle helmet completely covering his head so he could not be identified by anyone, standing up hollering as he went by. His size and build would have fit Ken Davis out of all the men 1 haves seen in this area. Patricia Vance t9 Mo hannam, Kathleen Frain: Wahl, Larry Sent: Monday, May 16, 2011 8:58 AM To: Moghannam, Kathleen Subject: l=W: FW: Proposed Butte County Marijuana Ordinance BOArtI) Ol` SUP~RVfS1~RS From: Chas R Birtcil [mailto:cjbirtcil@sbcglobal.net] ~~.~' ~ ~ ~o~i Sent: Friday, May 13, 2011 9:33 PM To: Wahl, Larry OROVII.IwE, cA1.1FORNtA Cc: Connelly, Bill; Kirk, Maureen; Yamaguchi, Kim; BOS ©istrict ~ Subject: Re: FW: Proposed Butte County Marijuana Ordinance Mr. Wahl: Thanks for the email follow-up. It appears that we will have a county Marijuana ordinance whether we want one or not. That being so, let's develop one that isn't just one-sided, and has the hope of at least doing something toward "ensuring domestic tranquility" for all involved. I favor the Biggs ordinance with some modif cations. I believe there should be a Limit on the number of individual plants that may be cultivated at any one time. For example, perhaps no more than 5 plants per qualified patient. I also believe that the size of the parcel where these grows are "permitted" should not be allowed on any private propery less than 314 acre in size. I also believe we need to uphold the current federal "Drag Zone" (imitations so as to safeguard our private and public school children from becoming impacted by the drug, or, persons involved in it's production. In reading the Biggs ordinance it seemed to me that the last sentence was rather vague about who would be fined the $(.,000 per day. It may be implied, however, I believe the warding could be much mare specific. I'm looking at the last sentence in their ordinance, where it reads..."Fines in the amount o£..". I would suggest that after the word "imposed," the following be inserted...on the cultivator, or the qualif ed patient, or the primary care giver, or whomever else is found to be res onsible far the violation of this ordinance. Such dail fines for the violation of this ordinance shall be levied individuall and shall be in 48 hours after the ostin of the abatement notification as set forth above. I am hopeful that these suggestions are helpful as you and the other supervisors work to develop the resulting ordinance. Best wishes, Chuck Birtcil 737 Cessna Ave Chico, Ca. 95928 C. SIRTCIL --- On Fri, 5113111, Wahl, Larry <LWakl@6utteeounty.net> wrote: From: Wahl, Larry <LWahl@buttecounty.net> Subject: FW: Proposed Butte County Marijuana Ordinance To: Date: Friday, May 13, 2011, 2:11 PM Butte County Residents, zo Are you fed up with marijuana growing in your neighborhood? So too are many of our fellow residents. These grows are filling our hills with major commercial operations. Residential areas are being inundated with marijuana. These grows produce offensive odors, endanger children and cause families to worry for their safety. The hills are being environmentally damaged, guards armed with automatic weapons are prevalent and neighbors threatened. In spite of California law marijuana cultivation, use, possession, sale and transport is prohibited by federal law. As a nation of laws what signal do we send to our young people? Can we pick and choose which laws to obey? Are pot growers rights more important than anyone else's? I say NO. But what can be done? There is a solution. Like Biggs, Fresno County, Rocklin and South Lake Tahoe the Board of Supervisors can sinnply prohibit outdoor marijuana grows. This will be in the best interest, safety and quiet enjoyment of home that all county residents deserve. indoor grows and collectives could still be available for those truly in need of medical marijuana. Below is a review ofthe Biggs ordinance. Please look it over and contact each of your Supervisors to make your concerns and opinion known. Most importantly, please also attend the next County Supervisor meeting to voice your opinion. Meeting date is Tuesday, May 24, at 14:34AM at the Butte County Fair Grounds in Gridley. We can and must protect our neighborhoods. Please forward this message to all who may be interested. Thank You. Sincerely, Lany Wahl Supervisor, District Two lwahl(cr~,6uttecounty.net 891-068 Contact information. Bil] Connelly Maureen Kirk 71 Supervisor, District One bconne] lv(a.buttecounE~net 538-6834 Steve Lambert Supervisor, District Four District4nbuttecounty.net 538-2516 Supervisor, District Three mkirk~,buttecoun , .nets 891-2300 Kim Yamaguchi Supervisor, District Five yama ug chi(c~buttecounty.net 872-6303 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BIGGS AMENDING PORTIONS OF THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSECURED ANDlOR ODIFEROUS CULTIVATION OF MARIJUANA. ORDINANCE NO. 385 OF THE CITY OF BIGGS AMENDS PORTIONS THE BIGGS MUN[CIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDlOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. The purpose of the Compassionate Use Act of 1996 is to allow seriously ill Californians to use marijuana for medical purposes without fear of criminal liability under Health & Safety Code Sections 11357 which criminalizes possession of marijuana and 11358 that criminalizes cultivation of marijuana. In addition to providing an exception to prosecution under Health & Safety Code possession and cultivation respectively; a qualified patient, identification card holder, or primary caregiver steal{ not be subject, on the sale basis of being designated such a person, to criminal liability sale of marijuana, transportation, sale or gift of marijuana, property used for trafficking marijuana, manufacturing or distributing marijuana, and buildings or places deemed a nuisance. The Federal Controlled Substances Act ("CSA"), 21 U.S.C. Sections $0 1-904, provides it is unlawful far any person to knowingly or intentionally posses a controlled substance unless the substance was obtained from a practitioner, while acting in the course of his profession or practice, either directly or pursuant to a prescription. A tension exists between state and federal law on the issue of marijuana possession, cultivation and medical use. Medical marijuana cultivation and use as prescribed by the Compassionate Use Act does not violate state law, a{though it is a federal crime. Marijuana plants, as they begin to flower, produce an extremely strong odor, objectively offensive to many people, and detectable far beyond cultivation property boundaries. The City of Biggs has received numerous complaints of odor relating to the growing of medical marijuana in residential neighborhoods; and, the odor of marijuana plants creates an attractive nuisance, alerting persons, both minors and adults, to the location of the marijuana plants, and creating a risk of burglary, robbery, armed robbery and illegal drug use. The sight of marijuana plants creates visual blight within residential neighborhoods in the City of Biggs and the sight of marijuana plants on a parcel of residential property acts to decrease the value of residentia! property within the City of Biggs. As a result the Biggs Municipal Code was amended in 2[3x8 to declare as matters of public nuisance the observation of marijuana plants, from the street or neighboring property, or the odor of which is detected from the street or neighboring property and to further require that that a qualified patient or primary caregiver may cultivate andlor store marijuana but only if such storage andlor cultivation is confined and limited to and within a fully enclosed and secured structure. It is the purpose and intent to implement state law by providing a means for regulation of the cultivation of medical marijuana in a manner that is consistent with state law and #hat balances the needs of seriously ill patients, identification card holders, and their care givers, while at the same time promote the health, safety, morals and general welfare of the residents of the City of Biggs. This Ordinance complies with state law and imposes reasonable rules and regula#ions. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Biggs: the abatement measures set forth shall be utilized in the followin nuisance circumstances: marijuana lants. or the cultivation of marijuana (ants visible from the street or nei hborin ro ert ~ the odor of marijuana detected from the street or nei hborin ro ert • or the resence cultivation andlor stora a of 22 m nuana, excep wi ~n u „_, ,,, ,, ,.. , ^ , , Ilv, nq„o and secured structure. ,,,~ _... e , Se.,...,.,.,,.._,.,._ The City, Through a code enforcement office or other designees, shall issue a notice requiring abatemen# within 48 hours after the ostin of that notice in a cons icuous lace at the location of the nuisance. if~after the expiration of the_notice_period the nuisance has not been abated, the City shall take steps to secure an administrafive warrant. By such warrant, the City shall see[cjudicial authorit to enter u on the sub'ect remises for the u oses of ins ection andlor immediate and direct nuisance abatement. Fines in the amount of $'1000 per day shall be imposed far each day of violation of this Chanter after the 48 hour notice period set forth above. T 23 Mo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 1#;, 2011 8:58 AM To: Moghannam, Kathleen I~DARDD>=3~P~aViSDRS Subject: FW: Proposed Butte County Marijuana Ordmainance ~9AY ~ 6 209 4R01/!I_i~f;, CALlFpR~iIA From: Cynthia Stevenson [mailto:windsongranch4@aol.comj Sent: Friday, May 13, 2011 6:38 PM To: Wahl, Larry Cc: BOS District 4; Connelly, Bill; Kirk, Maureen; Yamaguchi, Kim; neimsfam@hotmail.com; grattidge@sbcglobai.net; gbuckholdt@digitalpath.net; srharrold@gmail.com; scott_stevenson@att.net Subject: Re: Proposed Butte County Marijuana Ordmainance I`m ali for an ordinance similar to the city of Biggs -Thank you for proposing this! Cynthia Stevenson -----Original Message----- From: Wahl, Larry <LWahl@buttecounty.net> Sent: Fri, May 13, 2011 2:10 pm Subject: FW: Proposed Butte County Marijuana Ordinance Butte County Residents, Are you fed up with marijuana growing in your neighborhood? So too are many of our fellow residents. These grows are filling our hills with major commercial operations. Residential areas are being inundated with marijuana. These grows produce offensive odors, endanger children and cause families to worry for their safety. The hills are being environmentally damaged, guards armed with automatic weapons are prevalent and neighbors threatened. In spite of California law marijuana cultivation, use, possession, sale and transport is prohibited by federal law. As a nation of laws what signal do we send to our young people? Can we pick and choose which laws to obey? Are pot growers rights more important than anyone else's? I say N4. But what can be done? There is a solution. Like Biggs, Fresno County, Rocklin and South Lake Tahoe the Board of Supervisors can simply prohibit outdoor marijuana grows. This will be in the best interest, safety and quiet enjoyment of home that all county residents deserve. Indoor grows and collectives could still be available for those truly in need of medical marijuana. Below is a review of the Biggs ordinance. Please look it over and contact each of your Supervisors to make your concerns and opinion known. Most importantly, please also attend the next County Supervisor meeting to voice your opinion. Meeting date is Tuesday, May 24, at 10:30AM at the Butte County Fair Grounds in Gridley. We can and must protect our neighborhoods. Please forward this message to all who may be interested. Thank You. 24 Sincerely, Larry Wahl Supervisor, District Two iwahl (a~buttecounty. net 891-0685 Contact information. Bill Connelly Supervisor, District One bconnell buftecount .net 538-6834 Steve Lambert Supervisor, District Four District4 a(~.buttecounty.r~et 538-259 6 Maureen Kirk Supervisor, District Three mkirk ~ buttecounty,ne 891-2300 Kim Yamaguchi Supervisor, District Five kyamaguchi .buttecounty.net 872-8303 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BIGGS AMENDING PORTIONS OF THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDlOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. ORDINANCE N0.385 OF THE CITY OF BIGGS AMENDS PORTIONS THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. The purpose of the Compassionate Use Act of 1996 is to allow seriously ill Californians to use marijuana for medical purposes without fear of criminal liability under Health & Safety Code Sections 11357 which criminalizes possession of marijuana and 11358 that criminalizes cultivation of marijuana. In addition to providing an exception to prosecution under Health & Safety Code possession and cultivation respectively; a qualified patient, identification card holder, or primary caregiver shaft not be subject, an the sale basis of being designated such a person, to criminal liability sale of marijuana, transportation, sale or gift of marijuana, property used for Trafficking marijuana, manufacturing or distributing marijuana, and buildings or places deemed a nuisance. The Federal Con#rolled Substances Act ("CSA"), 21 U.S.C. Sections 80 1-904, provides it is unlawful for any person to knowingly or intentionally passes a controlled substance unless the substance was obtained from a practitioner, while acting in the course of his profession or practice, either directly or pursuant to a prescription. A tension exists between state and federal law on the issue of marijuana possession, cultivation and medical use. Medical marijuana cultivation and use as prescribed by the Compassionate Use Act does not violate state law, although it is a federal crime. Marijuana plants, as they begin to flower, produce an extremely strong odor, objectively offensive to many people, and detectable far beyond cultivation property boundaries. The City of Biggs has received numerous complaints of odor relating to the growing of medical marijuana in residentia! neighborhoods; and, the odor of marijuana plants creates an attractive nuisance, alerting persons, both minors and adults, to the location of the marijuana plants, and creating a risk of burglary, robbery, armed robbery and illegal drug use. The sight of marijuana plants creates visual blight within residential neighborhoods in the City of Biggs and the sight of marijuana plants on a parcel of residential property acts to decrease the value of residential property within the City of Biggs. As a result the Biggs Municipal Cade was amended in 2008 to declare as matters of public nuisance the observation of marijuana plants, from the street or neighboring property, or the odor of which is detected from the street or neighboring property and to #urther require thaf that a qualified patient or primary caregiver may cultivate andlor store marijuana but only if such storage andlor cultivation is confined and limited to and within a fully enclosed and secured structure. It is the purpose and intent to implement state law by providing a means for regulation of the cultivation of medical marijuana in a manner that is consistent with state law and that balances the needs of seriously ill patients, identification card holders, and their care givers, while at the same time promote the health, safety, morals and general welfare of the residents of the City of Biggs. This Ordinance complies with state law and imposes reasonable rules and regulations. NOW, THEREFORE, BE IT RESOLVED, the City Council of the Cily of Biggs: the abatement measures set forth shall be utilized in the followin nuisance circumstances: marjuana fonts. or the cultivation of mari~uana lants visible from the street or net hborin ro ert • the odor of marijuana detected from the street or net hborin ro ert • or the resence cultivation andlor stora a of mariiuana except within a full enclosed and secured structure- The City throw h a code enforcement office or other designees, shall issue a notice renuiring abatement within 48 hours after the ostin of that notice in a cons icuous lace at the location of the nuisance. if after the ex iration of the notice eriod the nuisance has not been abated the Cit shall take ste s to secure an administrative warrant. B such warrant the Cit shall seek 'udicial 25 authority to enter upon the subject premises for the purposes of inspection andlor immediate and direct nuisance abatement. Fines in _ ___. the amount of 1000 er da shall be im osed for each da of violation of this Cha ter after the 48 hour notice eriod set forth above. 26 Mo hannam, Kathleen From: Wahl, Larry Sent: Monday, May 16, 2011 8:57 AM Ta: Moghannam, Kathleen Subject: FW: marijuana cultivation ordinance From: Grifn@aol.com ~mailto:Grifn@aol.com] Sent: Friday, May 13, 2011 5:02 PM To: Yamaguchi, Kim; Wahl, Larry; Kirk, Maureen; Lambert, Steve Subject: marijuana cultivation ordinance I am respectfully requesting a NO vote for growing this punt in Butte County. We can no longer afford the manpower for the Law Enforcement Agencies required to handle the problems this plant creates. Marijuana should be distributed through Pharmacies. Next we will be growing our own opium. Thanks for caring. Loretta Griffin 4929 Foster Rd. Paradise, Ca. 95969 877-4852 ~O~ of S~p~R~s°~ts ~a~ ~ ~ zo~1 ~ R Ov S I .l ~~ G A~ -i ~ ~ R~ 3 A 33 Mo hannam, Kathleen From: BOS District 4 Sent: Monday, May 16, 2011 8:48 AM To: Moghannam, Kathleen Subject: FW: Gridley meeting for marijuana ordinance Mr. Tokunaga's Concerns regarding MMO Best Regards, BOARl30FS~f'SRVISORS Tina Blenn SAY 9 6 201 Executive Assistant to Supervisor Lambert OROVILLE, CAf.IFORE~IIA District 4, County of Butte office: 530-538.2516 fax: 530-538.2515 "COUNTY OF BUTTE E-MAIL DISCLAIMER: This a-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this a-mai! (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NqT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto." From: Yamaguchi, Kim Sent: Wednesday, May 11, 201.1 2:01 PM To: BOS District 4 Subject: RE: Gridley meeting for marijuana ordinance Yep, ! am aware of time as a factor in the kind of crowd the meeting will attract. No fear here. Kim K. Yamaguchi From: BOS District 4 Sent: Wednesday, May 11, 2011 8:Oi AM Ta: 'Maureen Kirk'; Wahl, Larry; Yamaguchi, Kim; Connelly, Bill Subject: FW: Gridley meeting for marijuana ordinance From: kevin takunaga [mailko:kftokunaga@hotmail,com] Sent: Wednesday, May 11, 201.1 6:55 AM To: BOS District 4 Subject: Gridley meeting for marijuana ordinance Hello Mr. Lambert. I am disappointed that the next meeting is going to be at 10:30. I will not be able to attend as I am sure many proponents will not be able to attend as well. You will have a tremendous amount of opponents because they won`t have to miss work to testify. There is an issue that bothers me about those that testified at the Elks Lodge. The people that were standing in line with me were from Sutter County. They don't want a similar ordinance to be adopted there so they are trying to water this one down or defeat 'tt. Perhaps inviting some Sutter County Sheriff Deputies or undercover or IVares be greeters at the door. They might be able to give you an idea of how many Sutter attendees there are. 34 Just my two cents. Also. Fat those board members that are fence-sitters, I invite them to my neighborhood pre-harvest after the sun goes down so they get a sense of what it is like. Thanks for your hard work. Kevin Tokunaga 35 Moghannam, Kathleen ~~, -~ From: BOS i]istrict 4 Sent: Monday, May 16, 2011 8:44 AM To: Moghannam, Kathleen Subject: FW: agenda Sorry for all the forwards, there are quite a few regarding MMD, sorry for the duplicates.... Best Regards, Tina Blenn Exectutive Assistant to Supervisor Lambert District 4, County of Butte office: 530-538-251.6 fax: 536-538--2515 BOARD OP SUPERVISORS ~A~ ~ ~ 24~~ ORQVI~.1.E, CALlFQR~IA "COUNTY OE BUTTE E-MAYL DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NDT the intended recipient, please contact the sender immediately and permanently delete the original. and any copies of this e-mail and any attachments thereto." -----Original Message----- From: lpetal1961@juno.com [mailto:lpeta11961@juno.com] Sent: Thursday, May 12, 201.1. 6:51 AM To: Wahl, Larry; Connelly, Bill; Kirk, Maureen; BO5 District 4; Yamaguchi, Kim Subject: agenda good morning supervisors, Have you thought of any more options for the meeting the 24th that could help with the ordianance as it stands. I mean for the patient. T know you are going toward helping out the public more then the patient. I ask that you reconsider the 1/2 residentual area to at least growing inside. And let the people with an 1+ grow for others so that they can still have their mediciene. And reconsider the bus stop issue, at least make it so that if you have an 7ft fence or greater you can grow. This is a little rediculous.please reconsider some of my points. Thank you A Patient Havent heard from any of you in awhile Refinance for 2.50%/3.03% APR Loans under 729K usually qualify for U5 GOV backed refinance programs http://thirdpartyoffers.juno.com/TGL3131/4dcbe638ef9f53e3b82stO1duc 37 Moghannam, Kathleen From: BOS District 4 Sent: Monday, May 96, 2D19 8:35 AM To: Moghannam, Kathleen Subject: FW: Proposed Butte County Marijuana Ordinance More Correspondence MMO... $est Regards, Tina Blenn Executive Assistant to Supervisor Lambert District 4, County of Butte office: 530-53$-25 I6 fax: 530-53 &2515 60AitD OF fitJPERVISORS MAY ~ 6 201 ~I1~Y IL~Gr LA~~~OR~~A "COUNTY OF BUTTE E-MAIL. DISCLAIMER: This a-mail and any attachment iherelo may contain private, confidential, and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this a-mat! (or any attachments thereto) by other than Fhe County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this a-mail and any attachments thereto." From: Cheryl Turnbough [mailto:cturnbou@palermoschools.org] Sent: Friday, May i3, 201.J. 4:47 PM To: Connelly, Bill; 'mkirk@buttecounty.nety'; 'mkirk@buttecounry.nety`, Yamaguchi, Kim; BOS District 4 Subject: FW: Proposed Butte County Marijuana Ordinance Dear Supervisors, Hello. My name is Cheryl Turnbough and I have lived and worked in Butte County for 30 years and I know that I am not the only citizen concerned about the marijuana issue. Allowing marijuana to be grown in even greater amounts will simply lead to more lawlessness and the safety of the public will decline. The people that truly need medical marijuana are more than able to access what they need if the Biggs ordinance was made the law of the land in Butte County. In these times of tightening budgets, lay off of police, why add to the problem and cause the already depressed property values to fall even more? Butte County is such a wonderful place to live, beautiful scenery, lovely people, why do we want to negate all the good things happening and all the money that has and is being spent to revitalize the County by allowing legal marijuana growing to expand. ! urge to the Board of Supervisors to hold the line and consider the Biggs ordinance. Thank you so much. Respectfully, 39 Cheryl Turnbough From: Wahl, Larry [mailto:LWahl@buttecounty.net] Seat: Friday, May 13, 201]. 2:12 PM Subject: FW: Proposed Butte County Marijuana Ordinance Butte County Residents, Are you fed up with marijuana growing in your neighborhood? So too are many of our fellow residents. These grows are filling our hills with major commercial operations. Residential areas are being inundated with marijuana. These grows produce offensive odors, endanger children and cause families to worry for their safety. The hills are being environmentallydomaged, guards armed with automatic weapons are prevalent and neighbors threatened. In spite of California law marijuana cultivation, use, possession, sale and transport is prohibited by federal law. As a nation of laws what signal do we send to our young people? Can we pick and choose which laws to obey? Are pot growers rights more important than anyone else's? I say f~10. But what can be done? There is a solution. Like Biggs, Fresno County, Rocklin and South Lake Tahoe the Board of Supervisors can simply prohibit outdoor marijuana grows. This will be in the best interest, safety and quiet enjoyment of home that all county residents deserve. Indoor grows and collectives could still be available for those truly in need of medical marijuana. Below is a review of the Biggs ordinance. Please look it over and contact each of your Supervisors to make your concerns and opinion known. Most importantly, please also attend the next County Supervisor meeting to voice your opinion. Meeting date is Tuesday, May 24, at 10:30AM at the Butte County Fair Grounds in Gridley. We can and must protect our neighborhoods. Please forward this message to all who maybe interested. Thank Yau. Sincerely, Larry Wahl Supervisor, District Two Iwo h I Cal butteco u ntV• net 891-0685 Contact information. Bill Connelly Supervisor, District One bconnelly buttecountv.net 538-6834 Steve Lambert Supervisor, District Four D istrict4(a? buttecou ntv. net 538-2516 Maureen Kirk Supervisor, District Three mkirk buttecount .net 891-2300 Kim Yamaguchi Supervisor, District Five kVamaeuchi(a?buttecount+l.net 872-6303 ORDINANCE NO. 385 AN ORDINANCE OF THE CITY OF BIGGS AMENDING PORTIONS OF THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC 40 ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDlOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. ORDINANCE N0.385 OF THE CITY OF BIGGS AMENDS PORTIONS THE BIGGS MUNICIPAL CODE TO INCLUDE SPECIFIC ENFORCEMENT MEASURES FOR ABATING THE PUBLIC NUSANCE OF OUTDOOR ANDIOR UNSECURED ANDIOR ODIFEROUS CULTIVATION OF MARIJUANA. The purpose of the Compassionate Use Act of 1996 is to allow seriously ill Californians to use marijuana for medical purposes without fear of criminal liability under Health & Safety Code Sections 11357 which criminalizes possession of marijuana and 11358 that criminalizes cultivation of marijuana. In addition to providing an exception to prosecution under Health & Safety Code possession and cultivation respectively; a qualified patient, identification card holder, or primary caregiver shall not be subject, an the sole basis of being designated such a person, to criminal liability sale of marijuana, transportation, safe or gift of marijuana, property used for trafficking marijuana, manufacturing or distributing marijuana, and buildings or places deemed a nuisance- The Federal Controlled Substances Act ("CSA"), 21 U.S_C. Sections 80 1-904, provides it is unlawful for any person to knowingly or intentionally posses a controlled substance unless the substance was obtained from a practitioner, while acting in the course of his profession or practice, either directly or pursuant to a prescription. A tension exists between stale and federal law on the issue of marijuana possession, cultivation and medical use. Medical marijuana cultivation and use as prescribed by the Compassionate Use Act does not violate state law, although it is a federal crime. Marijuana plants, as they begin to flower, produce an extremely strong odor, objectively offensive to many people, and detectable far beyond cultivation property boundaries. The City of Biggs has received numerous complaints of odor relating to the growing of medical marijuana in residential neighborhoods; and, the odor of marijuana plants creates an attractive nuisance, alerting persons, both minors and adults, to the location of the marijuana plants, and creating a risk of burglary, robbery, armed robbery and illegal drug use. The sight of marijuana plants creates visual blight within residential neighborhoods in the City of Biggs and the sight of marijuana plants on a parcel of residential property acts to decrease the value of residential property within the City of Biggs. As a result the Biggs Municipal Code was amended in 2008 to declare as matters of public nuisance the observation of marijuana plants, from the street or neighboring property, or the odor of which is detected from the street or neighboring property and to further require that that a qualified patient or primary caregiver may cultivate andlor store marijuana but only if such storage andlor cultivation is confined and limited to and within a fully enclosed and secured structure. It is the purpose and intent to implement state law by providing a means for regulation of the cultivation of medical marijuana in a manner that is consistent with state law and that balances the needs of seriously ill patients, identification card holders, and their care givers, while at the same time promote the health, safety, morals and general welfare of the residents of the City of Biggs. This Ordinance complies with state law and imposes reasonable rules and regulations. NOW, THER1rFORE, BE 1T RESOLVED, the City Council of the City of Biggs: the abatement measures set forth shall be utilized in the followin nuisance circumstances: marijuana lants. or the cultivation of marl"uana lanfs visible from the street ar nei hborin ro ert ~ the odor of marijuana detected from the street or nei hborin ro ert ~ or the resence cultivation andlor stora a of marijuana, except within a fully enclosed and secured structure- The Cit throu h a code enforcement office or other designees, shall issue a notice recauirin abatement within 48 hours after the posting of that notice in a conspicuous place at the location of the nuisance. If, after the expiration of the notice period khe nuisance has not been abated the Cit shall take ste s to secure an administrative warrant. B such warrant the Ci shall seek 'udiciaf authorit to enter u on the subject remises for the ur oses of ins ection andlor immediate and direct nuisance abatement. Fines in the amount of 9000 er da shall be im osed for each da of violation of this Cha ter after the 48 hour notice eriod set forth above. 41 BOARp 01: S{1REF~VISORS April 20, 2011 "MAY ~ 3 2~f~ ~~~~~ oROVru.~; cal_r~o~~ Dear Supervisor Thank you for your caring patriotic service on behalf of the citizens of Butte County. l truly appreciate all your time and energy devoted to deciding extremely critical issues that deal wi#ii the health, safety and constitutional privileges we enjoy in this wonderful place that l call "home". I have (earned recently that the agenda for the May 4, 2011 Board of Supervisors meeting includes the potential adoption and enactment of a Medical Marijuana Cultivation Ordinance (MMCO), drafted by County Staff. 1 believe the intentions uest t a# tY~e rdir~anc~ NOT be approved as writter+.oMy rerasor~s ar~ia~ follows: respectfully and' sincerely req '# . Butte County is much better than the drafted ordinance represents. V11e, the citizens of Butte County can da better than this. As it stands now, the ordinance lan ua a is so weak that tfiere ma as well be no ordinance at all: 2. The ex ressed u ose and intent of the MMCO is to balance the needs of atients AND the health safe and welfare of residents and businesses of Count _ The proposed regulations heavily favor patients and do NOT protect the interests of the rest of the citizens of our county. 3, The ex ressed u ose and intent of the MMCO states that it does not allow non-medicinal or ille al cultivation distribution or consum Lion of mari~uana. The land use allowances granted l,y the current language in fact enables marijuana production to become a huge illegal business venture, reaching welt beyond easing . the bodily pain suffered by legitimately ilt citizens. 4. ~_ .-Section 34A5 describes the re istration and documentation re uirements of persons who wish to produce marijuana. Then item (c) of the same section declares that persons cultivating certain numbers of mature and or immature plants are NOT to be required to meet these requirements! This is. a direct contradiction of the proposed requirements. ' 5. Section 34A-18 states that nothin in the MMCO will re uire the enforcement of any:provisian of the ordinance dealing with unlawful cultivation of marijuana. It makes no sense to have an ordinance that is not meant to be enforced! !n my opinion, the ordinance proposed to strengthen the County's posi#ion in controlling fihe use of marijuana does the exact opposite: It enables more people to take advantage of the County's~weakened ability to contro# it. This ordinance is actually unenforceable. Butte County will hnd the production o~ marijuana mushrooming out of control with the acceptance of this ordinance. I sincerely hope that more time will be granted to strengthen the proposed ordinance before it is adopteci_ Thank you for your timely consideration. ... .. ~. ~~~~ .. y„ ._: ~ f .. ~. c.c ' ~ ~~~= Fa~c ~-~ COL~'~~; ORO~'~"E' ~ "--r~~R-'`~-'' XG{rG~~rom: s +~ Fax: ~t5~3 d ,r3 $~- / D Pages: Phone: Date: Re: ~~ cc:. ,..,,..,...__ ._...._ Urgent ^ For Review ©Piease Comment ©Piease Reply t ~~T~~~E~~ ~ ~ ~ P , , ~ ~~ fssr~eo wt ~~~ ~ ~ ~~ t~ ~d ~ ~ ~ ~~ ~~ ~ fe~~ ~`~ c~~ a v ~07~~ viS~.:]gg:~5 7~ Z (~ ' `~ 5`nt 7 _ 3 ~ - ~ jZ ~ ~ ~ ~ c ; ° 7~ T ~ ~ t ~ _. ~ ? y z' - a° o-- Vv ~` o q ~. k' o v ~ E n` :: ... ......... ..... 6i __ _ '~ s -. _-~ ....... _- _~ ~~coGao ~~ ~`. aa; Gov - j _ ~ 3 .; _~ E c v _ ~ -_ _` g,G o a .c a~? fr `c m E v x c c° } ti v e~ ~°~ _ s~ o _ G E c" .. a B rn_ - - s z s~~ "=CC o u :.,~~ JP_ ~~~~ 4M0~`cu }V~ _ -ab~up~ f. - On p„~au0~ E'g o ¢ ~ ~ .. _ ~ ~ E ~ ~ a A r ~ " _ Fr' ~ c a rnb ; m d ~ c A >,? c _ ~o°@'z'~u- ~$~v?~~~ .,yam °o a vq=~~. 3 am ~E ~aY. a° °~~ > - - c c mN.~` v J ~` E ° r n o'c_ ~ o .,-a v ~ c i ~9 c ~ VD ~°_„v ~ '! b a` ~~ c E g' p a C~ n 0 t 3 ~ A~ a ~pp F~~ ''[ ~, °o erns- ?A :.~ n c~~~', o~°`~a c q c 0 r. r .c ., ~ 3 Pd ° 5 n m~ ~ F ~,~ ~ a ~~ c v~ z ~~ '} ~ ~ ~ ~ mr~ m m n ~,`•~;~ ~ = r ° .p+1 c sue. t 'Q - - r ~ ti ~ r _ _ 5..._ ~~±~K r E o _- a .r ~ y z ~ .~ a r ~ f '. s - 3 ` ~~ E a r -2 w^' 4~ ~ oE~ 3 yy11 r ~~'}(~ y ~ ~ r '11 ~' LiEI. .Z_ S t ~'r'~^' ~r~S-~~ ~~~ ~ 'fs - ~ Z ~ ea C ~ e .nhy ; - pp~~p77 F ~'~I! 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' ~ 1 4~ ~~ Moghannam, Kathleen From: Alpert, Bruce Sent: Monday, May 16, 2011 2:54 PM To: Hann, Paul; Moghannam, Kathleen Cc: Kim, Sang Subject: FW: Location of May 24 Board of Supervisors Meeting ATTORNEY CLIENTIWORK PRODUCT PRIVIlLEGE fyi [DO NOT PLACE EN PUBLIC FILE] Bruce Alpert County Counsel 25 County Center Drive Oroville, CA 95965-3380 Phone: (530} 538-7621 Fax: (530) 538-6891 baipert(a7buttecounty.net SU~R~SOaS ~°~i°~ 6 Zg11 M~~ ~ RO~~~ti, Cpt.IFORNIP O CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this a-mail to the intended recipient, then you are: (1}notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this a-mail and any attachments, and (3) requested to immediately notify us by a-mail that you mistakenly received this message (balpertCa~buttecounty._n_et), fax (530) 538-6891, or by telephone (530) 538-7621. Thank you. From: Candell, Scot mailto:candell sfle alhel .cam Sent: Monday, May 16, 2D11 2:D8 PM To; Connelly, Bill; Wahl, Larry; Kirk, Maureen; BO5 District 4; Yamaguchi, Kim Cc: Alpert, Bruce Subject: Location of May 24 Board of Supervisors Meeting Dear Esteemed Board of Supervisors, it has come to our attention to the Board of Supervisors is considering moving the location of the May 24 Board of Supervisors Meeting. As you know, these meetings are open to the public, and the location of ali Board of Supervisors meetings is dictated by Butte County Municipal Code section 2-15, which states, "The meetir}g place of the board shall be the chamber of the board located in the county administration center in the City of Oraville, in the county." As !'m sure you also know, the Brawn Act dictates that all meetings be open to all members of the public, and holding a meeting in a way that violates the Brown Act triggers serious consequences. As the public will justifiably being relying on the Butte County Municipal Code in order to determine the time and location of the meeting, holding a meeting at a time of place that contradicts the code would be denying the publican opportunity to attend that meeting. !strongly recommend discussing the situation with County Council before changing the time or location of the meeting, especially given the number of people that have shown interest in attending recent meetings. Changing the location may be seen as an attempt to deny members of the public the opportunity to attend the meeting - a direct violation of the Brown Act. Thank you for taking the time to consider the issues raised in this email. Sincerely, Scot Candell Law Office of Scot Candell 4040 Civic Center Drive, suite 200 San Rafael, CA 94903 415-441-1776 www.SFLe alHel .Com This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. if you are not the intended recipient and have received this communication in error, please immediateiy notify us by reply email, delete the communication and destroy ali copies.