NO DECISION ON MARIJUANA THURSDAY BY CITY OF CLEARLAKE

CLEARLAKE - The Clearlake City Council was still at a loss for a
decision regarding whether or not to allow medical marijuana
operations following a lengthy discussion at its regular meeting
Thursday. The council rejected three motions before agreeing to
continue the item and form a subcommittee to analyze options to
proceed with establishing regulations or to prohibit such operations entirely.

The council has stalled on its decision for a year and nine months
now, ever since a moratorium was implemented in April 2007
prohibiting the issuance of new business licenses for the propose of
providing medical marijuana. That moratorium has since expired.

According to the staff report that originally accompanied the
moratorium, it was established to allow city staff time to establish
zoning regulations pertaining to medical marijuana dispensaries;
however, no zoning regulations have yet been established.

The issue has resurfaced in light of a local business person's intent
to operate a medical marijuana collective within the city. Liz Bryd
applied for and received a city business license; however, officials
are now contending that she gained that license under false pretenses
and the city now wishes to revoke that license.

Bryd is appealing the revocation. The appeal has forced the council
to address the issue of allowing or prohibiting medical marijuana dispensaries.

City staff provided the council with four alternatives to address the
issue. The first was to prohibit dispensaries and close the three
currently operating in the city. This option was supported and
endorsed by City Administrator Dale Neiman and Police Chief Alan
McClain. Councilmember Judy Thein brought forth a motion to proceed
as recommended by the administrator and police chief; however, the
motion failed on a 2-3 vote count, with Thein and Councilmember Curt
Giambruno voting in favor.

Councilmember Joyce Overton put forth a motion directing staff to
prepare an ordinance to enact another moratorium and carry the appeal
item over until the moratorium expired. That motion also failed, 2-3.
Simons attempted a motion to move forward without action on the
appeal and evaluate options further. The motion died for lack of a second.

Mayor Chuck Leonard said he was in favor of fourth alternative
presented, which was to establish health and safety regulation that
would comply with the provisions of the Medical Marijuana Program in
the California Health & Safety Code; however, option was never
brought to motion.

Ultimately, Overton moved to form a sub-committee and continue the
appeal until a later date. The motion carried 3-2 with Thein and
Giambruno voting in opposition.