Lakeport City Council Agenda Packet

AGENDA
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL
DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR
AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, January 2, 2018
City Council Chambers, 225 Park Street, Lakeport, California 95453
Any person may speak for three (3) minutes on any agenda item; however, total public input per item is not to exceed 15 minutes, extended at the discretion of the
City Council. This rule does not apply to public hearings. Non-timed items may be taken up at any unspecified time.
I. CALL TO ORDER & ROLL CALL: 6:00 p.m.
II. PLEDGE OF ALLEGIANCE:
III. ACCEPTANCE OF AGENDA: Move to accept agenda as posted, or move to add or delete items.
Urgency Items: To add item, Council is required to make a majority decision that an urgency
exists (as defined in the Brown Act) and a 2/3rds determination that the need to
take action arose subsequent to the Agenda being posted.
IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council special meeting of December 14, 2017 and
the regular meeting of December 19, 2017.
C. Warrants: Approve the warrant registers of December 20, 2017.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the
subject is not already on tonight’s agenda. Persons wishing to address the City Council are required to complete a
Citizen’s Input form and submit it to the City Clerk prior to the meeting being called to order. While not required,
please state your name and address for the record. NOTE: Per Government Code §54954.3(a), the City Council
cannot take action or express a consensus of approval or disapproval on any public comments regarding matters
which do not appear on the printed agenda.
VI. COUNCIL BUSINESS:
A. Community Development Director
1. Second Reading: Commercial Approve the proposed ordinance adding Chapter 5.34 and amending Chapters
Cannabis Ordinance 17.08, 17.10, 17.11 and 17.13 of the Lakeport Municipal Code to permit and
regulate commercial cannabis operations within the City of Lakeport.
B. City Clerk
1. Mayoral Appointments and 1. Mayor Turner to appoint Council Members as liaisons to various Boards,
Resolution Appointing Committees, and Commissions; and
Representatives to League of 2. the City Council to adopt a resolution appointing representatives to
California Cities positions: represent and vote on behalf of the City at the League of California
Cities, Redwood Empire Division Business meetings and represent the
City and vote at Division Legislative Committee meetings.
VII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any:
VIII. ADJOURNMENT:
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225
Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to
staff’s ability to post the documents before the meeting.
The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or
participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable
accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
MINUTES
SPECIAL MEETING
OF THE LAKEPORT CITY COUNCIL
Thursday, December 14, 2017
5:05 p.m.
CLOSED SESSION: Mayor Mattina called the meeting to order at 5:05 p.m., with Council
Members Barnes, Parlet, Spurr, and Turner present.
Mayor Mattina adjourned the meeting to closed session at 5:06 p.m.
to consider:
CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code § 54957.6):
Name of City Negotiator to Attend Closed Session: Margaret Long and
Administrative Services Director Kelly Buendia;
Employee Organization: Lakeport Employees Association (LEA) and
the Unrepresented Management (UM) group
REPORT FROM CLOSED There was no reportable action from the closed session
SESSION:
ADJOURNMENT: Mayor Mattina adjourned the meeting at 6:00 p.m.
____________________________________
Stacey Mattina, Mayor
Attest:
_______________________________
Kelly Buendia, City Clerk
MINUTES
REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE
MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESOR AGENCY TO THE LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, December 19, 2017
CLOSED SESSION: Deputy City Clerk Britton opened the meeting at 5:05 p.m. and then adjourned
the meeting to 5:30 p.m.
Mayor Mattina called the meeting to order at 5:32 p.m.

The meeting was adjourned to Closed Session at 5:32 p.m. to consider one (1)
item:
1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code § 54957.6): Name
of City Negotiator to Attend Closed Session: Mayor Mattina & Council
Member Turner;
Unrepresented Employee: City Manager.
REPORT OUT OF CLOSED SESSION: There was no reportable action out of the Closed Session.
I. CALL TO ORDER & ROLL CALL: Mayor Mattina called the meeting to order at 6:00 p.m., with Council Members
Barnes, Parlet, Spurr, and Turner present
II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Public Works Director Grider
III. ACCEPTANCE OF AGENDA: A motion was made by Council Member Parlet, seconded by Council Member
Barnes, and unanimously carried by voice vote to accept agenda as posted.
Urgency Items: There were no urgency items.
IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by
the Council at one time without any discussion. Any Council Member may request that any item be removed from
the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the
Consent Calendar portion of this agenda.
A. Ordinances: Waive reading except by title, of any ordinances under consideration at this
meeting for either introduction or passage per Government Code Section 36934.
B. Minutes: Approve minutes of the City Council regular meeting of November 21, 2017, and
the special meeting of December 4, 2017.
C. Warrants: Approve the warrant registers of December 7, 2017
D. Application 2018-002: Approve Application 2018-002, with staff recommendations, for the Shakespeare
at the Lake production of “As You Like It” on July 28 & 29, 2018.
E. Maddy Act: Direct the City Clerk to prepare the 2018 Maddy Act Appointments List and post
at City Hall and the Lakeport Public Library.
F. Change Orders: Authorize the City Manager to sign Contract Change Orders No. 1 through No. 7.
with Granite Construction Co. for the additional work on the Lakeshore Blvd ER
Project.
Vote on Consent Agenda: A motion was made by Council Member Spurr, seconded by Council Member
Turner, and unanimously carried by voice vote to approve the Consent Agenda,
items A-F.
V. PUBLIC PRESENTATIONS/REQUESTS:
A. Citizen Input: Ruby Jones had questions regarding the streets:
• Regarding the Street Sweeper schedule, Public Works Director Grider
will meet with Ruby regarding the schedule.
• Cracked pavement on streets – PW Grider will meet with her and tour
the area.
• Striping on 11th street – PW Grider advised we have applied for a grant
for striping projects, we are currently in the design phase which should
City Council Minutes of December 19, 2017 Page 2
be complete within 60 – 90 days. Weather dependent, projects should

commence by spring
B. Presentation: Barbara Breunig of the Lakeport Main Street Association presented the winners
of the 2017 Holiday Decoration Contest:
Business Category:
1st place: Redwood Community Services Home Program
2nd place: Renee’s Café
3rd place: Main Street Bicycles
Residential Category:
1st place: Jeff and Jackie Hansen
2nd place: Rob and Lynette Alberigi
3rd place: Kayla Gondolfi
VI. PUBLIC HEARING
A. Personal Cannabis Cultivation Community Development Director Ingram presented the staff report.
Ordinance: Mayor Mattina opened the Public Hearing at 6:22 p.m.
There was no citizen input.
Mayor Mattina closed the Public Hearing at 6:22p.m.
A motion was made by Council Member Turner, seconded by Council Member
Parlet, and unanimously carried by voice vote to adopt the proposed ordinance
amending Chapters 17.04, 17.05, 17.06, 17.07 and 17.38 of the Lakeport
Municipal Code to permit and regulate personal cannabis cultivation within the
City of Lakeport.
B. Commercial Cannabis Ordinance: Community Development Director Ingram presented the staff report.
Chief Rasmussen presented crime data in cities that allow retail cannabis sales.
Mayor Mattina opened the Public Hearing at 6:27p.m.
The following spoke in support of the draft ordinance: Michael Green, Chris
Jennings (dispensary owner in Clearlake).
The following spoke in opposition to the draft ordinance, specifically retail

cannabis sales storefronts: Stan Jones, Annette Hopkins, Meredith Layman, Ruby
Jones, David Velazquez, Mary Jo Velazquez, Ann Blue, Mike Ewing, and Sharon
Witham.
In addition, Annette Hopkins presented a letter to the Council, and Ruby Jones
presented a petition opposing commercial cannabis sales, cultivation or delivery
in the City.
Kimberly Chilcutt opposed the Ordinance’s provisions prohibiting

Manufacturing/Microbusinesses in Residential Zones.
Susan King asked supported issuing provisional licenses – Community

Development Director Ingram advised permits will be evaluated annually.
Andre Ross spoke in support of the work the Council, Commission and staff has
done on the ordinance.
Mayor Mattina closed the Public Hearing at 7:20 p.m.
After discussion, the Council gave staff direction to make the following revisions
to the Ordinance and to bring back the revised ordinance at the January 2, 2017
meeting:
• Use Type: only retail delivery will be allowed (5.34.09.E.1.iii)

• Specific Provisions: remove 5lb weight restriction (5.34.09.E.2.iv.)

• Specific Provisions: remove the cap on the number of permits issued
(5.34.09.E.2.i.)
• Specific Provisions: remove the 1500 ft2 limitations (5.34.09.E.2.ii.)
• Specific Provisions: remove the 50 ft2 limitations (5.34.09.E.2.vii.)
• Section 3: prohibit retail delivery from C2 (17.10.050.N)
A motion was made by Council Member Barnes, seconded by Council Member

Turner, and unanimously carried by voice vote to:
1. Approve the proposed revised ordinance, incorporating the changes
referenced above, adding Chapter 5.34 and amending Chapters 17.08,
17.10, 17.11 and 17.13 of the Lakeport Municipal Code to permit and
regulate commercial cannabis operations within the City of Lakeport
2. Bring back the revised ordinance for a second reading on January 2,
2018.
C. Hazard Mitigation Grant: The staff report was presented by Community Development Director Ingram.
Mayor Mattina opened the Public Hearing at 8:28 p.m.
There was no citizen input.
Mayor Mattina closed the Public Hearing at 8:28p.m.
Spurr, and unanimously carried by voice vote to adopt the proposed resolution
approving the City of Lakeport’s Hazardous Mitigation Grant Program (HMGP)
grant application for the creation of a Local Hazards Mitigation Plan and direct
staff to submit a Notice of Intent (NOI) to Cal OES.
VII. COUNCIL BUSINESS:
A. Finance Director
1. Fiscal Year 2016/17 Unaudited Finance Director Walker presented a report on the fiscal year ended June 30,
Actual Report: 2017 unaudited actuals.
B. City Manager
1. Server Replacement: Finance Director Walker presented the staff report.
Barnes, and unanimously carried by voice vote to approve the proposal for the
replacement email server at City Hall awarded to Dell not to exceed $12,519.29.
2. HVAC Replacement: The staff report was presented by Public Works Director Grider.
Parlet, and unanimously carried by voice vote to approve the proposal for the
replacement of an HVAC unit at 916 N. Forbes (former Lakeport Police Station)
awarded to Economy Heating & Cooling not to exceed $4100.00.
3. Holiday Resolution: The staff report was presented by City Manager Silveira.
A motion was made by Council Member Council Member Turner, seconded by
Council Member Barnes, and unanimously carried by voice vote to adopt a
resolution to declare December 27, 2017 as a holiday for the employees of the
City of Lakeport.
C. City Clerk
1. Appointment of Mayor and Deputy City Clerk Britton requested nominations for Mayor. A nomination was
Mayor Pro Tem made by Council Member Spurr, the nomination was unanimously confirmed by
voice vote to appoint Mireya Turner as Mayor for a period of one year.
Deputy City Clerk Britton requested nominations for Mayor Pro Tem. A
nomination was made by Council Member Spurr, the nomination was
unanimously confirmed by voice vote to appoint Tim Barnes as Mayor Pro Tem
for a period of one year.
VIII. CITY COUNCIL COMMUNICATIONS:
A. Miscellaneous Reports, if any: City Manager Silveira had no report.
City Attorney Ruderman reported had no report.

Public Works Director Grider wished the Council Merry Christmas.
Finance Director Walker reported that he attended the Municipal Finance
Institute sponsored by the League of California Cities in Newport Beach last
week.
Police Chief Rasmussen reported that he is currently researching surveillance
cameras for the Parks and Downtown – he proposed creating a working group to
provide input regarding this. Council Members Mattina and Spurr volunteered to
serve on the working group.
Community Development Director Ingram wished the Council Merry Christmas.
Council Member Barnes thanked staff for a great job they have done in the last
year.
Council Member Parlet reported Lakeport Rotary will give away 450 Christmas
baskets and thanked the Lake County Family Resource Center for putting
together the list of needy families.
Council Member Spurr wished the Council a glorious Christmas.
Council Member Mattina had no report.
Mayor Turner reported thanked the media for showing up and covering the
Council meetings.
IX. ADJOURNMENT: Mayor Turner adjourned the meeting at 8:59 p.m.
_______________________________________
Mireya Turner, Mayor
Attest:
__________________________________________
Hilary Britton, Deputy City Clerk
CITY OF LAKEPORT
Over 125 years of community
pride, progress and service
12/21/2017
I hereby certify that the attached list of warrants has been audited,
extensions are proper, purchase orders have been issued, and department
heads have been given the opportunity to review and sign claim forms.
______________________________
Nicholas Walker
Finance Director
225 PARK STREET • LAKEPORT, CALIFORNIA 95453 • TELEPHONE (707) 263-5615 • FAX (707) 263-8584
Bank Transaction Report
Lakeport Transaction Detail
Issued Date Range: 12/08/2017 - 12/20/2017
Cleared Date Range: -
Issued Cleared
Date Date Number Description Module Status Type Amount
Bank Account: 15-0352000798 - POOLED CASH BANK
12/11/2017 52382 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding Check -9,775.00
12/19/2017 52471 LAKEPORT DISPOSAL, INC. Accounts Payable Outstanding Check -51,631.01
12/19/2017 52472 CAUSEY DEMGEN & MOORE P.C. Accounts Payable Outstanding Check -2,000.00
12/19/2017 52473 HILLTOP SECURITIES, INC. Accounts Payable Outstanding Check -20,180.75
12/19/2017 52474 NETWORK INNOVATIONS, INC. Accounts Payable Outstanding Check -1,864.14
12/19/2017 52475 NHA ADVISORS Accounts Payable Outstanding Check -42,500.00
12/19/2017 52476 NICK WALKER Accounts Payable Outstanding Check -127.00
12/19/2017 52477 PG&E Accounts Payable Outstanding Check -1,669.33
12/19/2017 52478 PINNACLE PUBLIC FINANCE, INC. Accounts Payable Outstanding Check -32,952.75
12/19/2017 52479 S & P GLOBAL MARKET INTELLIGENCE Accounts Payable Outstanding Check -327.00
12/19/2017 52480 SQUIRE PATTOR BOGGS (US) LLP Accounts Payable Outstanding Check -8,500.00
12/19/2017 52481 THE WEIST LAW FIRM Accounts Payable Outstanding Check -50,000.00
12/19/2017 52482 UNION BANK Accounts Payable Outstanding Check -1,500.00
12/20/2017 52383 ADAMS ASHBY GROUP, LLC. Accounts Payable Outstanding Check -2,955.00
12/20/2017 52384 ALPHA ANALYTICAL LABORATORIES Accounts Payable Outstanding Check -1,243.00
12/20/2017 52385 Void Check Accounts Payable Voided Check 0.00
12/20/2017 52386 AMERICAN TRUCK & TRAILER BODY CO., INC. Accounts Payable Outstanding Check -278.57
12/20/2017 52387 APEX TECHNOLOGY MGMT, INC. Accounts Payable Outstanding Check -1,495.00
12/20/2017 52388 AQUA PRODUCTS Accounts Payable Outstanding Check -20.66
12/20/2017 52389 ARAMARK UNIFORM SERVICES Accounts Payable Outstanding Check -22.18
12/20/2017 52390 AT&T Accounts Payable Outstanding Check -1,094.55
12/20/2017 52391 BRIAN DENTON Accounts Payable Outstanding Check -2,035.00
12/20/2017 52392 CARLOS PRADOMEZA Accounts Payable Outstanding Check -9.98
12/20/2017 52393 CARTEGRAPH SYSTEMS, INC. Accounts Payable Outstanding Check -4,590.00
12/20/2017 52394 CLEARLAKE REDI-MIX INC. Accounts Payable Outstanding Check -1,448.55
12/20/2017 52395 COLANTUANO, HIGHSMITH & Accounts Payable Outstanding Check -8,479.00
12/20/2017 52396 DEBRA ENGLAND Accounts Payable Outstanding Check -675.00
12/20/2017 52397 DEEP VALLEY SECURITY Accounts Payable Outstanding Check -202.95
12/20/2017 52398 DEPT OF JUSTICE Accounts Payable Outstanding Check -840.00
12/20/2017 52399 DEPT OF MOTOR VEHICLES Accounts Payable Outstanding Check -52.00
12/20/2017 52400 DUSTY D WORK WEAR, LLC Accounts Payable Outstanding Check -331.46
12/20/2017 52401 ENTERPRISE - EAN SERVICES, LLC Accounts Payable Outstanding Check -587.00
12/20/2017 52402 FERRELLGAS Accounts Payable Outstanding Check -1,247.03
12/20/2017 52403 G & G PRINTING SERVICES Accounts Payable Outstanding Check -581.81
12/20/2017 52404 GCR TIRES & SERVICE Accounts Payable Outstanding Check -643.00
12/20/2017 52405 GINNY FETH-MICHEL Accounts Payable Outstanding Check -3,362.18
12/20/2017 10:57:10 AM Page 1 of 5

Bank Transaction Report Issued Date Range: -
Issued Cleared
12/20/2017 52406 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding Check -36,180.01
12/20/2017 52407 GRANITE CONSTRUCTION COMPANY Accounts Payable Outstanding Check -291,834.84
12/20/2017 52408 HIGH COUNTRY SECURITY Accounts Payable Outstanding Check -165.00
12/20/2017 52409 ICE WATER DISTRIBUTORS INC. Accounts Payable Outstanding Check -21.75
12/20/2017 52410 INTERSTATE BATTERY SYSTEM Accounts Payable Outstanding Check -258.50
12/20/2017 52411 INTERSTATE STEEL STRUCTURES, INC. Accounts Payable Outstanding Check -261.00
12/20/2017 52412 IT'S ABOUT TIME, INC Accounts Payable Outstanding Check -152.25
12/20/2017 52413 JASON FERGUSON Accounts Payable Outstanding Check -30.00
12/20/2017 52414 LAKE COUNTY ELECTRIC SUPPLY Accounts Payable Outstanding Check -152.38
12/20/2017 52415 MARK CLEMENTI, PH.D. Accounts Payable Outstanding Check -685.00
12/20/2017 52416 MEDIACOM Accounts Payable Outstanding Check -1,485.80
12/20/2017 52417 MENDO MILL & LUMBER CO. Accounts Payable Outstanding Check -1,722.87
12/20/2017 52418 MUNI SERVICES Accounts Payable Outstanding Check -300.00
12/20/2017 52419 NATIONAL METER & AUTOMATION, INC. Accounts Payable Outstanding Check -66.51
12/20/2017 52420 NIXON-EGLI EQUIPMENT CO. Accounts Payable Outstanding Check -2,936.25
12/20/2017 52421 NORTHERN CALIFORNIA GLOVE Accounts Payable Outstanding Check -384.98
12/20/2017 52422 OFFICE DEPOT Accounts Payable Outstanding Check -12.71
12/20/2017 52423 O'REILLY AUTO PARTS Accounts Payable Outstanding Check -81.85
12/20/2017 52424 OWEN EQUIPMENT SALES Accounts Payable Outstanding Check -2,425.00
12/20/2017 52425 PACE SUPPLY #03391-00 Accounts Payable Outstanding Check -6,221.00
12/20/2017 52426 PEOPLE SERVICES, INC. Accounts Payable Outstanding Check -225.00
12/20/2017 52427 PERFORMANCE MECHANICAL Accounts Payable Outstanding Check -99.00
12/20/2017 52428 PERFORMANCE MECHANICAL Accounts Payable Outstanding Check -80.00
12/20/2017 52429 PERKINS SEPTIC TANK CLEANING Accounts Payable Outstanding Check -407.82
12/20/2017 52430 PETERSON Accounts Payable Outstanding Check -237.56
12/20/2017 52431 PG&E Accounts Payable Outstanding Check -3,861.46
12/20/2017 52432 PITNEY BOWES GLOBAL FINANCIAL SVCS Accounts Payable Outstanding Check -166.01
12/20/2017 52433 PLAZA PAINT & SUPPLIES Accounts Payable Outstanding Check -94.16
12/20/2017 52434 POLESTAR COMPUTERS Accounts Payable Outstanding Check -2,080.00
12/20/2017 52435 PRENTICE, LONG & EPPERSON Accounts Payable Outstanding Check -1,254.00
12/20/2017 52436 R & B COMPANY Accounts Payable Outstanding Check -791.17
12/20/2017 52437 R.S. HUGHES Accounts Payable Outstanding Check -75.46
12/20/2017 52438 RAINBOW AGRICULTURAL SERVICES Accounts Payable Outstanding Check -254.52
12/20/2017 52439 RICH-TED TRUCKING, INC. Accounts Payable Outstanding Check -1,173.00
12/20/2017 52440 ROGER WHEELER Accounts Payable Outstanding Check -250.00
12/20/2017 52441 SIERRA CHEMICAL COMPANY Accounts Payable Outstanding Check -7,549.20
12/20/2017 52442 SONSRAY MACHINERY, LLC Accounts Payable Outstanding Check -224.64
12/20/2017 52443 STACEY MATTINA Accounts Payable Outstanding Check -78.63
12/20/2017 52444 STANDARD PRINTING COMPANY Accounts Payable Outstanding Check -1,098.75
12/20/2017 52445 SWRCB Accounts Payable Outstanding Check -65.00
12/20/2017 52446 SWRCB ACCOUNTING OFFICE Accounts Payable Outstanding Check -17,017.00
12/20/2017 52447 SYAR INDUSTRIES, INC. Accounts Payable Outstanding Check -3,865.01
12/20/2017 52448 THE SHOE BOX Accounts Payable Outstanding Check -200.00
12/20/2017 10:57:10 AM Page 2 of 5

Issued Cleared
12/20/2017 52449 THE WORKS INC/MLS - LSQ FUNDING GROUP Accounts Payable Outstanding Check -3,572.13
12/20/2017 52450 TRI-CITIES ANSWERING SERVICE Accounts Payable Outstanding Check -186.90
12/20/2017 52451 U.S. BANK Accounts Payable Outstanding Check -6,314.07
12/20/2017 52452 UKIAH PAPER SUPPLY, INC. Accounts Payable Outstanding Check -161.98
12/20/2017 52453 UNION BANK, N.A. Accounts Payable Outstanding Check -376.50
12/20/2017 52454 UNITED RENTALS (NORTH AMERICA), INC. Accounts Payable Outstanding Check -1,277.81
12/20/2017 52455 US POSTMASTER - ARIZONA Accounts Payable Outstanding Check -871.07
12/20/2017 52456 VALLEY PUMP & MOTOR WORKS, INC. Accounts Payable Outstanding Check -41,975.47
12/20/2017 52457 VERIZON WIRELESS Accounts Payable Outstanding Check -469.88
12/20/2017 52458 VICTOR RICO Accounts Payable Outstanding Check -355.00
12/20/2017 52459 WIPF CONSTRUCTION Accounts Payable Outstanding Check -593.40
12/20/2017 52460 XYLEM WATER SOLUTIONS U.S.A., INC. Accounts Payable Outstanding Check -33,603.98
12/20/2017 52461 AFLAC Accounts Payable Outstanding Check -736.65
12/20/2017 52462 CA STATE DISBURSEMENT UNIT Accounts Payable Outstanding Check -693.67
12/20/2017 52463 FRANCHISE TAX BOARD Accounts Payable Outstanding Check -150.00
12/20/2017 52464 LAKEPORT EMPLOYEE'S ASSOC Accounts Payable Outstanding Check -315.00
12/20/2017 52465 LEGALSHIELD Accounts Payable Outstanding Check -171.40
12/20/2017 52466 LPOA Accounts Payable Outstanding Check -450.00
12/20/2017 52467 NATIONWIDE RETIREMENT SOLUTION Accounts Payable Outstanding Check -1,000.00
12/20/2017 52468 REDWOOD CREDIT UNION Accounts Payable Outstanding Check -150.00
12/20/2017 52469 VALIC - C/O JP MORGAN CHASE Accounts Payable Outstanding Check -2,311.50
12/20/2017 DFT0000674 CALPERS Accounts Payable Outstanding Bank Draft -1,931.95
12/20/2017 DFT0000682 CALPERS Accounts Payable Outstanding Bank Draft -45.00
12/20/2017 DFT0000683 CALPERS Accounts Payable Outstanding Bank Draft -67.46
12/20/2017 DFT0000684 IRS Accounts Payable Outstanding Bank Draft -3,439.46
12/20/2017 DFT0000685 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -3,859.10
12/20/2017 DFT0000686 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -1,056.59
12/20/2017 DFT0000687 IRS Accounts Payable Outstanding Bank Draft -13,053.95
12/20/2017 DFT0000688 IRS Accounts Payable Outstanding Bank Draft -843.20
12/20/2017 DFT0000690 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -0.21
12/20/2017 DFT0000691 CA EMP DEVELOPMENT DEPT Accounts Payable Outstanding Bank Draft -9.03
Bank Account 15-0352000798 Total: (120) -779,174.72
12/20/2017 10:57:10 AM Page 3 of 5

Report Total: (120) -779,174.72
12/20/2017 10:57:10 AM Page 4 of 5

Summary
Bank Account Count Amount
15-0352000798 POOLED CASH BANK 120 -779,174.72
Report Total: 120 -779,174.72
Cash Account Count Amount

**No Cash Account** 1 0.00
998 998-0000-101000 POOLED CASH - WEST AMERICA 119 -779,174.72
Report Total: 120 -779,174.72
Transaction Type Count Amount

Bank Draft 20 -41,692.32
Check 100 -737,482.40
Report Total: 120 -779,174.72
12/20/2017 10:57:10 AM Page 5 of 5

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Proposed Commercial Cannabis Ordinance Adding Chapter MEETING DATE: 01/02/2018
5.34 And Amending Chapters 17.08, 17.10, 17.11 And 17.13 to
the Lakeport Municipal Code
SUBMITTED BY: Kevin M. Ingram, Community Development Director
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Consideration of a proposed Commercial Cannabis ordinance adding Chapter 5.34 and amending the “PO”,
Professional Office; “C-2”, Major Retail; “C-3”, Service Commercial; and, “I” Industrial Zoning Districts to allow
specified commercial cannabis activities.
BACKGROUND/DISCUSSION:
Background—In response to the adoption of AUMA and MAUCRSA, commonly referred to as Proposition 64 and
SB 94 respectfully, the City Council provided direction to staff earlier this year to look at potential revisions to the
Lakeport Municipal Code as it pertains to commercial cannabis: cultivation, retail sales, processing/manufacturing
and licensing/taxation.
Under SB 94, the State developed a regulatory structure for licensing the various uses associated with commercial
cannabis. Local jurisdictions may pass their own regulations providing additional elements of local control.
However, in accordance with SB 94 these local regulations must be in place by January 1, 2018. The City of
Lakeport formed a Cannabis Working Group to draft an ordinance for the possible permitting and regulating of
commercial cannabis activities. The Lakeport Planning Commission over the course of several public meetings
reviewed and amended this draft Ordinance and on November 8, 2017 made a formal recommendation to the
City Council to consider its adoption.
On November 21, 2017 the City Council introduced a proposed ordinance adding Chapter 5.34 to the Lakeport
Municipal Code which outlines permitting procedures and regulations for commercial cannabis activities.
Additionally, the proposed ordinance would also amend the Service Commercial (C-3), Industrial (I), Major Retail
(C-2) and Professional Office (PO) zoning districts within Title 17 of the Lakeport Municipal Code permitting specific
commercial cannabis activities with the approval of a Use Permit. The City Council also held a special meeting on
December 4, 2017 where they took additional public comment, requested additional information from staff and
made some recommendations on some minor amendments to the proposed Ordinance. A public hearing on the
ordinance was held on December 19, 2017. Upon the conclusion of the public hearing the Council made additional
revisions to the proposed Ordinance, most notably the prohibiting of storefront retail and limiting all cannabis
retail activities to the “C3” and “I” zoning districts. A motion was made at the end of the December 19, 2017
public hearing to bring back the revised ordinance for a second reading on January 2, 2018.
Meeting Date: January 2, 2018 Page 1 Agenda Item #VI.A.1.

Discussion—The proposed ordinance incorporates all recommended changes made by the Lakeport City Council
at its November 21, 2017; December 4, 2017; and, December 19, 2017 public meetings. These changes include
the following:
November 21, 2017 proposed changes—
• Prohibit cannabis retail uses which include onsite consumption.
December 4, 2017 proposed changes—

• Add language that prohibits cannabis related special events.
• Requiring additional input from Fire District on proposed cannabis manufacturing activities that include
the use of volatile chemicals.
• Removal of all references to “dispensaries” and replacing with the term “cannabis retailer” to be
consistent with State Licensing Regulations.
• Removal of all references to “cannabis uses” and replace with the term “cannabis activities.”
• Removed reference to the need for review of cannabis permit applications by the Lake County Agricultural
Commissioner.
• Amend cannabis manufacturing uses to be consistent with State Licensing Regulations
• Removed references to “testing” in relation to regulations concerning cannabis microbusiness permit
applications.
December 19, 2017 proposed changes—

• Limit cannabis retailer activities to delivery only. (Prohibit storefront retail activities)
• Remove restriction that cannabis retailers be limited to the possession of a maximum of five (5) pounds
of dried cannabis.
• Eliminate the provision limiting the number of cannabis retailers within the city to two (2).
• Remove reference limiting storefront cannabis retailers to 1500 square feet of retail area as all retail
activities are now prohibited within the city.
• Remove reference limiting storefront cannabis retailers to 50 square feet or 10% of total retail area
(whichever is less) for the display of cannabis paraphernalia and similar items as all retail activities are
now prohibited within the city.
• Prohibit retail cannabis delivery within the “C2” zoning district. (Cannabis retail limited to the “C3” and
“I” zoning districts only)
Attachments to this staff report include the proposed ordinance (Attachment 1) as well as a highlighted draft
ordinance showing all changes proposed by the City Council at their November 21st, December 4th and December
19th meetings (Attachment 3). Additionally, staff has included a revised zoning matrix (Attachment 3) outlining
the zoning districts in which specified cannabis activities are permitted consistent with the proposed ordinance.
A map depicting the required 600 foot setback requirement for all cannabis activities from specified uses (schools,
pre-schools and parks) as outlined in Section 5.34.08.C is also included for reference (Attachment 4).
It should be noted that in accordance with Government Code Section 36934, if additional substantive changes
and/or alterations are made at the January 2, 2018 City Council meeting an additional reading of the proposed
ordinance will need to be provided prior to taking action to adopt said proposed ordinance.
OPTIONS:
Following the second reading of the proposed ordinance revising the Lakeport Municipal Code to permit and
regulate specified commercial cannabis activities…
1. Adopt the proposed ordinance as presented by staff.
2. Direct staff to make modifications or revisions to the proposed ordinance.
3. Take no action or deny the proposed Ordinance.
FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments: None
SUGGESTED MOTION:
Move to approve the proposed ordinance adding Chapter 5.34 and amending Chapters 17.08, 17.10, 17.11 and
17.13 of the Lakeport Municipal Code to permit and regulate commercial cannabis operations within the City of
Lakeport.
Attachments: 1. Proposed Commercial Cannabis Ordinance

2. Draft Ordinance highlighting changes from 11/21/17, 12/04/17 & 12/19/17
Council Meetings
3. Commercial Cannabis Zoning Use Matrix
4. Commercial Cannabis Buffer Map

ATTACHMENT 1
ORDINANCE NO. (2018)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING
CHAPTER 5.34 AND AMENDING CHAPTERS 17.08, 17.10, 17.11 AND 17.13 OF
THE LAKEPORT MUNICIPAL CODE, REGARDING COMMERCIAL CANNABIS
WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. Section 801 et seq.,
classifies cannabis as a Schedule 1 Drug; as such, it is unlawful, under federal law, for
any person to cultivate, manufacture, distribute, dispense, or possess cannabis, whether
for medicinal or recreations purposes; and
WHEREAS, in 1996, the voters of the State of California approved Proposition

215, the Compassionate Use Act (Health and Safety Code Section 11362.5), which was
intended to enable persons who are in need of cannabis for medical purposes to obtain
and use it under limited, specific circumstances, without being subject to criminal
prosecution under certain state statutes; and
WHEREAS, SB 420, the Medical Marijuana Program Act (Health and Safety Code
Section 11362.7 et seq.), was enacted in 2004 to expand and clarify the scope of
Proposition 215, the Compassionate Use Act; and
WHEREAS, in 2015, the State enacted the Medical Marijuana Regulation and
Safety Act (SB 643, AB 266, and AB 243) commonly referred to as MMRSA, instituting a
comprehensive state-level licensure and regulatory scheme for cultivation,
manufacturing, distribution, transportation, laboratory testing, and dispensing of
medical cannabis. Although MMRSA developed a state-level licensure and regulatory
scheme it provided cities and counties the ability to retain local regulator authority over
medical cannabis; and
WHEREAS, the Governor signed SB 837 in June of 2016, changing references to

the term “marijuana” in MMRSA to “ cannabis” and renaming MMRSA the “Medical
Cannabis Regulation and Safety Act” (MCRSA); and
WHEREAS, on November 8, 2016, Proposition 64, the Control, Regulate and Tax
Adult Use of Marijuana Act (AUMA) was enacted by the voters to decriminalize and
regulate commercial and non-commercial recreations cannabis. AUMA provides that
cities and counties retain local regulatory control over commercial recreational
cannabis; and
WHEREAS, the Governor signed SB 94 in June of 2017 (Medicinal and Adult-Use

Cannabis Regulation and Safety Act or MAUCRSA), which amended Section 11362.2 of
the California Health and Safety Code and allows cities and counties to enact and
enforce reasonable regulations to reasonably regulate the cultivation, harvest, drying,
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ATTACHMENT 1
processing, transportation, purchase, possession, smoking, ingesting, obtaining and

giving away cannabis, including concentrated cannabis and cannabis products; and
WHEREAS, in response to AUMA and MAUCRSA, the Planning Commission,

directed City staff through a minute order on September 20, 2017 to bring forward an
ordinance amending the Lakeport Municipal Code to permit and regulate commercial
cannabis; and
WHEREAS, the City of Lakeport Municipal Code establishes rules and regulations
for living and doing business within city limits; and
WHEREAS, the unregulated operations of commercial cannabis businesses in the

city limits of Lakeport can adversely affect the health, safety, and well-being of the City,
its residents and environment. The development of regulations for commercial cannabis
operations, including zoning regulation, is proper and necessary to reduce the risks of
criminal activity, degradation of the natural environment, malodorous smells, and
indoor electrical fire hazards that may result from unregulated commercial cannabis
operations; and
WHEREAS, the ability to operate a commercial cannabis business as conferred by

AUMA and MAUCRSA does not confer the right to create or maintain a public nuisance,
the City intends to minimize the risks and complaints regarding fire, odor, crime and
pollution caused or threatened by the unregulated operation of commercial cannabis
operations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN
AS FOLLOW:
SECTION 1. Chapter 5.34 of Title 5 of the Lakeport Municipal Code is hereby

adopted to read as follows:
Title 5—Business Taxes, Licenses and Regulations

Chapter 34—Commercial Cannabis
5.34.01 Purpose and Intent
The purpose of these regulations is to ensure that the development of commercial
cannabis does not adversely impact adjacent parcels or the surrounding neighborhood
and that they are developed in a manner which protects the health, safety, and general
welfare of the residents, landowners, and businesses in the city. These regulations shall
apply to all commercial cannabis activities in the city.
5.34.02 Definitions
A. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, or any other strain or varietal of the genus
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Cannabis that may exist or be discovered, or developed, whether growing or not,

including but not limited to the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
resin. Any reference to cannabis or cannabis products shall include medical and
nonmedical cannabis and medical and nonmedical cannabis products unless
otherwise specified. “Cannabis” does not mean industrial hemp as defined by
Health and Safety Code section 11018.5, as may be amended from time to time.
B. “Cannabis business owner” means any of the following:
1. Each person or entity having an ownership interest in the commercial
cannabis business other than a security interest, lien, or encumbrance on
property that will be used by the commercial cannabis business;
2. If the commercial cannabis business is a publicly traded company, the
chief executive officer or any person or entity with an aggregate
ownership interest of five percent (5%) or more; or
3. Each person who participates in the direction, control, or management
of, or has a financial interest in, the commercial cannabis business.
C. “Cannabis cultivation” means any activity involving the planting, growing,
harvesting, drying, curing, grading, processing, or trimming of cannabis, including
cannabis nurseries.
D. “Cannabis retailer” means a facility, whether fixed or mobile, operated in
accordance with state and local laws and regulations, where cannabis and/or
cannabis products are offered for retail sale, including a facility that delivers
cannabis and/or cannabis products as part of a retail sale.
E. “Cannabis distribution” means a facility where a person conducts the business of
procuring cannabis from licensed cultivators or manufacturers for sale to
licensed cannabis retailers, and the inspection, quality assurance, batch testing
by a Type 8 licensee, storage, labeling, packaging and other processes, prior to
transport to licensed cannabis retailers. This facility requires a Type 11 license
pursuant to MAUCRSA or a state cannabis license type subsequently established.
F. “Cannabis manufacturing” means a facility that produces, prepares, propagates,
or compounds manufactured cannabis or cannabis products, directly or
indirectly, by extraction methods, independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and is
owned and operated by a state licensee for these activities.
G. “Cannabis microbusiness” means a facility that cultivates less than 10,000 square
feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and
cannabis retailer and excludes cannabis testing. This facility requires a Type 12
license pursuant to MAUCRSA, or a state cannabis license type subsequently
established.
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H. “Cannabis nursery” means a state licensee that produces only clones, immature
plants, seeds, and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis.
I. “Cannabis products” means cannabis that has undergone a process whereby the
plant material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients.
J. “Cannabis testing service” or “cannabis testing laboratory” means a laboratory,
facility, or entity that offers or performs tests of cannabis or cannabis products,
including the equipment provided by such laboratory, facility, or entity.
K. “City manager” means the city manager or the city manager’s designee, if any.
L. “Commercial cannabis activities” means any commercial cannabis activity
licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and
Safety Act (“MAUCRSA”), including but not limited to, cultivation, possession,
distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of
cannabis or cannabis products.
M. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to
be used for medical cannabis purposes in accordance with the Compassionate
Use Act (Health and Safety Code section 11362.5), the Medical Marijuana
Program Act (Health and Safety Code section 11362.7 et seq.), the Medical
Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code
section 19300 et seq.), and MAUCRSA.
N. “Primary caregiver” shall have the same meaning as set forth in Health and
Safety Code section 11362.7, as the same may be amended from time to time.
O. “Qualifying patient” or “qualified patient” shall have the same meaning as set
forth in Health and Safety Code section 11362.7, as the same may be amended
from time to time.
5.34.03 Permit Requirement
No cannabis business may engage in any commercial cannabis activity in the city
without obtaining the appropriate permit to operate within the city. The permit is
specific to the location where the commercial cannabis activity will occur. Multiple
operating locations for the same cannabis business will require separate permits as
outlined in sections 5.34.08 and 5.34.09.
5.34.04 Permit Applications
A. Applications for a commercial cannabis permit and other matters pertaining to
this chapter shall be filed with the city manager on an official city application
form.
B. The application shall be filed with all required fees, deposits, information, and
materials as specified by this chapter.
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ATTACHMENT 1
C. The application shall be signed by each cannabis business owner under penalty
of perjury, certifying that the information submitted, including all supporting
documents, is, to the best of the applicant’s knowledge and belief, true, accurate
and complete, and by the property owner for purposes of certifying that s/he
has reviewed the application, and approves the use of the property for the
purposes stated in the application. The signature of both the cannabis business
owner and the property owner shall constitute evidence of their express consent
to allow any city official or employee to enter upon and inspect the premises
upon reasonable notice.
D. The information required by this section shall be confidential, and shall not be
subject to public inspection or disclosure except as may be required by Federal,
State or local law. Disclosure of information pursuant to this section shall not be
deemed a waiver of confidentiality by the applicant or any individual named in
the application. The city shall incur no liability for the inadvertent or negligent
disclosure of such information.
E. Permit applicants are encouraged to contact the city manager before submitting
an application to verify materials necessary for completing an application.
5.34.05 Application Review, Appeal, and Suspension
A. Review of Application. The city manager shall consider the application, and the
results from any investigation into the application, as deemed necessary by the
police chief.
B. Disapproval of Application. If the city manager disapproves an application, he or
she shall notify the applicant in writing, stating the reasons for the disapproval.
Notification of disapproval shall be deemed complete upon deposit by first class
mail to the applicant to the address indicated on the application. No permit shall
be issued unless a successful appeal of the disapproval is made within the
requisite time frame.
C. Appeal of Disapproval.
1. Within ten (10) days after the city manager serves notice of disapproval,
an applicant may appeal the disapproval by notifying the city clerk in
writing of the appeal, the reasons for the appeal, and paying any
applicable fees.
2. The city clerk shall set a hearing on the appeal and shall fix a date and
time certain, within thirty (30) days after the receipt of the applicant’s
appeal, unless the city and the applicant agree to a longer time, to
consider the appeal. In no case will a hearing be continued for more than
ninety (90) days from receipt of applicant’s appeal. The city clerk shall
provide notice of the date, time and place of hearing, at least seven (7)
days prior to the date of the hearing.
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ATTACHMENT 1
3. The city council shall hear the applicant’s appeal, determine the order of
procedure, and rule on all objections to admissibility of evidence. The
applicant and the city manager shall each have the right to submit
documents, call and examine witnesses, cross-examine witnesses and
argue their respective positions. The proceeding shall be informal, the
technical rules of evidence shall not apply, and all evidence shall be
admissible which is of the kind that reasonably prudent persons rely upon
in making decisions.
4. An appellant's failure to attend a hearing shall constitute an
abandonment of the appeal and a failure to exhaust administrative
remedies.
5. The city council shall issue or cause to be issued a written decision within
twenty-one (21) days after the close of the hearing. The decision of the
city council shall be final.
6. An appellant may seek judicial review of the city council’s decision by
filing a petition for review with the superior court, pursuant to Code of
Civil Procedure sections 1094.5 and 1094.6, within ninety days after the
effective date of the city council’s notice of decision.
D. Grounds for Denial, Revocation or Suspension of Permit. The granting of a permit
or a renewal thereof may be denied and an existing permit revoked or
suspended if:
1. The cannabis business owner has knowingly made a false statement in
the application or in any reports or other documents furnished to the
city.
2. The cannabis business owner has been convicted of an offense that is
substantially related to the qualifications, functions, or duties of the
cannabis business for which the application is made, which includes but is
not limited to:
i. A violent felony conviction, as specified in Penal Code
section 667.5(c).
ii. A serious felony conviction, as specified in Penal Code
section 1192.7.
iii. A felony conviction involving fraud, deceit or embezzlement.
iv. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or
peddling any controlled substance to a minor; or selling, offering
to sell, furnishing, offering to furnish, administering, or giving any
controlled substance to a minor.
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ATTACHMENT 1
v. A felony conviction for drug trafficking with an enhancement

pursuant to Health and Safety Code sections 11370.4 or 11379.8.
3. The cannabis business or a cannabis business owner has been sanctioned
by a licensing authority or other city or county for unauthorized
commercial cannabis activity.
4. The granting or renewing of the permit would perpetuate or encourage
any of the following:
i. Distribution of cannabis or cannabis products to minors;
ii. Generation of revenue from the sale of cannabis or cannabis
products to fund criminal enterprises, gangs or cartels;
iii. Diversion of cannabis or cannabis products to jurisdictions outside
of the state where cannabis and cannabis products are unlawful
under state or local law;
iv. Trafficking of other illegal drugs or facilitation of other illegal
activity;
v. Violence and the use of firearms in the cultivation and distribution
of cannabis and cannabis products;
vi. The use of public lands in the cultivation of cannabis; or
vii. The use of federal property for commercial cannabis activity.
5. For any other reason that would allow the state to deny a license under
MAUCRSA.
6. Fails to pay required city fees and taxes.
7. Violates any provision of MAUCRSA, this chapter or any other permits
issued by the city for the commercial cannabis activity, such as a
conditional use permit.
8. Except as provided in subsections (D)(2)(iv) and (v) of this section, an
application for a permit shall not be denied if the sole ground for denial is
based upon a prior conviction of either section 11350 or section 11357 of
the Health and Safety Code. An application for a permit also shall not be
denied if the state would be prohibited from denying a license pursuant
to either section 26057, subdivision (b)(5), or section 26059 of the
Business and Professions Code. Conviction of any controlled substance
felony subsequent to permit issuance shall be grounds for revocation of a
permit or denial of the renewal of a permit.
E. Suspension and Revocation.
1. If the city manager deems continuation of any commercial cannabis
activity will cause a significant threat to the health, safety, or welfare of
the public, the city manager may suspend the permit and all rights and
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ATTACHMENT 1
privileges thereunder until the city council renders a written decision on

the revocation of the permit.
2. The city manager shall give notice to the cannabis business of his or her
intent to revoke a permit in the same manner as notice of disapproval
and provide the city clerk with a copy of the notice.
3. The appeal rights and hearing for the revocation of the permit shall be
set and conducted in the same manner as an appeal of disapproval under
section 5.34.05(C). The decision of the city council shall be final.
5.34.06 Permit Issuance
A. Before issuing any permit the city manager shall determine that all of the
following requirements have been met:
1. The application is complete and all applicable city taxes and fees have
been paid.
2. All land use permits have been approved and all conditions of approval
have been met or are in good standing.
3. There are no outstanding notices of nuisance or other unresolved code
compliance issues at the site of the proposed commercial cannabis
activity or related to the cannabis business owner(s).
B. By accepting the permit, each permittee agrees to indemnify, defend and hold
harmless to the fullest extent permitted by law the city, its officers, agents and
employees from and against any and all actual and alleged damages, claims,
liabilities, costs (including attorney’s fees), suits or other expenses resulting from
and arising out of or in connection with permittee’s operations, except such
liability caused by the sole active negligence or willful misconduct of city, its
officers, agents and employees.
C. The permit shall be valid for one (1) year from the date of issuance.
5.34.07 Transfer of Permit or Modifications to Permit
B. A permit is nontransferable to another location, and no transfer to another
cannabis business owner or modifications to a permitted facility may be made
except in accordance with this section.
C. A request for change in permit ownership shall be submitted to the city manager
on a city form at least sixty (60) days prior to the anticipated transfer, together
with any applicable fee(s). Requests submitted less than sixty (60) days before
the transfer will be processed only in the city’s discretion and may be subject to
an expedited processing fee. A new owner(s) shall meet all requirements for
applicants of an initial permit. The request shall include the following
information:
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ATTACHMENT 1
1. Identifying information for the new cannabis business owner(s) and

management as required in an initial permit application;
2. A written certification by the new cannabis business owner(s) as required
in an initial permit application;
3. The specific date on which the transfer is to occur; and
4. Acknowledgement of full responsibility for complying with the existing
permit.
D. A request to modify the security plan shall be submitted to the city manager on a
city form at least thirty (30) days prior to the anticipated change, together with
the applicable fee.
E. A request for change in cannabis business contact information shall be
submitted to the city manager on a city form at least thirty (30) days prior to the
anticipated change, together with the applicable fee.
F. A request for change in cannabis business trade or business name shall be
G. A permit renewal application and any applicable fees must be submitted to city
manager at least sixty (60) days before the expiration of the permit. Failure to
submit a renewal application prior to the expiration date of the permit will result
in the automatic expiration of the permit on the expiration date. Permit renewal
is subject to the laws and regulations effective at the time of renewal, which may
be substantially different than the regulations currently in place and may require
the submittal of additional information to ensure that the new standards are
met. No person shall have any entitlement or vested right to receive a permit
under this chapter.
5.34.08 Standard Provisions for all Commercial Cannabis Activities
A. All commercial cannabis activities shall have all appropriate state licensing
required prior to commencement of use.
B. No permittee shall sell cannabis or cannabis products to persons under 21 years
of age; allow any person under 21 years of age on its premises; or employ or
retain persons under 21 years of age. No permittee shall sell medicinal cannabis
products to persons under 18 years of age unless accompanied by a parent or
guardian.
C. All commercial cannabis activities shall maintain a 600 foot distance from all
properties containing schools, pre-schools, licensed day care facilities, and parks.
D. All commercial cannabis activities shall obtain and maintain a business license
from the city.
E. Commercial cannabis activities shall not be allowed as a home occupation.
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ATTACHMENT 1
F. All applications shall provide an operations plan containing at a minimum the

following items:
1. General project information
i. Site plan providing both a graphic and written representation of
the applicant’s intended development. The plan shall adhere to
the general site plan standards contained in section 17.29.030 and
shall include all structures, storage and circulation patterns of the
site.
ii. Written project description containing:
a. General project description.
b. A statement of present and proposed ownership.
c. A complete list of all individuals and entities with a
financial interest in the operation.
d. A list and description of all uses shown in the provided site
plan.
iii. Floor plan showing the locations of all proposed activities.
iv. Sign plan consistent with the provisions outlined in section 17.52
of this code.
v. Agreement to maintain at all times commercial general liability
providing coverage on an occurrence basis for bodily injury,
including death, of one (1) or more persons, property damage and
personal injury with limits of not less than one million dollars
($1,000,000.00) per occurrence and comprehensive automobile
liability (owned, non-owned, hired) providing coverage on an
occurrence basis for bodily injury, including death, of one (1) or
more persons, property damage and personal injury, with limits of
not less than one million dollars ($1,000,000.00). The commercial
general liability policy shall provide contractual liability, shall
include a severability of interest or equivalent wording, shall
specify that insurance coverage afforded to the city shall be
primary, and shall name the city, its officials and employees as
additional insured. Failure to maintain insurance as required
herein at all times shall be grounds for suspension of the permit
immediately, and ultimately, revocation.
2. Security provisions.
i. Operations shall provide adequate security on the premises,
including lighting, security cameras, security personnel and
alarms, to ensure the safety of persons and to protect the
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ATTACHMENT 1
premises from theft. Security camera footage shall be retained a

minimum of 30 days.
ii. The plan shall include the name, phone number and email of
community relations staff whom may be contacted at any time
regarding operational problems associated with the commercial
cannabis activity.
iii. A current register of the names of all employees currently
employed by the use shall be provided and maintained on site.
Employee register and contact information shall be current and
up-to-date at all times. Any changes made to the employee
register shall be provided to the city manager within thirty (30)
days.
iv. All employees either direct or via contract shall undergo a
background check by the city police department. An individual
may fail the background check if they have been convicted of an
offense that is substantially related to the qualifications,
functions, or duties of the business or profession for which the
application is made, except that if the police chief determines that
the applicant, owner, or licensee is otherwise suitable to be issued
a license, and granting the license would not compromise public
safety, the police chief shall conduct a thorough review of the
nature of the crime, conviction, circumstances, and evidence of
rehabilitation of the applicant, owner, licensee to be issued a
license based on the evidence found through the review. In
determining which offences are substantially related to the
qualifications, functions, or duties of the business or profession
for which the application is made, the police chief shall include,
but not be limited to, the following:
a. A violent felony conviction, as specified in subdivision (c)
of section 667.5 of the Penal Code.
b. A serious felony conviction, as specified in subdivision (c)
c. A felony conviction involving fraud, deceit, or
embezzlement.
d. A felony conviction for hiring, employing, or using a minor
in transporting, carrying, selling, giving away, preparing for
sale, or peddling, any controlled substances to a minor; or
selling, offering to sell, furnishing, offering to furnish,
administering, or giving any controlled substance to a
minor.
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ATTACHMENT 1
e. A felony conviction for drug trafficking with enhancements

pursuant to section 11370.4 or 11379.8 of the Health and
Safety Code.
f. Any other conviction that may disqualify an
applicant/owner or permittee under state law.
v. Verification that the security provisions for the operation have
been reviewed and approved by the city police department prior
to the issuance of a development permit.
3. Public health and safety provisions
i. Facility improvement plan demonstrating that the operation is
compliant with all applicable public health and safety provisions
of the International Building Code. The facility improvement plan
shall be reviewed and approved by the applicable fire agency and
city building division prior to the issuance of a development
permit.
ii. Statement of proposed water usage.
iii. Wastewater disposal plan reviewed and approved by the city
utilities division prior to the issuance of any development permit.
The wastewater disposal plan shall include any specific designs for
pre-treatment of waste prior to entering municipal sewer system.
No waste containing hazardous materials or other containments
shall be permitted to enter the municipal sewer system consistent
with Chapter 13.20 of this municipal code concerning “Sewer Use
And Pretreatment.”
iv. Solid waste disposal plan, including the management of cannabis
related waste.
v. Hazardous waste management plan to be approved by Lake
County Health Department.
vi. Odor prevention plan that will prevent obnoxious odors or fumes
from being emitted beyond the operation limits that are
perceptible by a reasonable person. Minimum design
specifications should include odor absorbing ventilation and
exhaust systems.
G. All commercial cannabis activities shall submit an annual performance review
report demonstrating compliance with required provisions of this section and all
specific operating provisions and licensing required at the time of development
approval. Failure to submit an annual report or failure to comply with required
provisions will result in revocation of the operating permit. The annual
performance review report shall include inspection by city.
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ATTACHMENT 1
H. All permittees shall comply with the state track and trace requirements for
cannabis and cannabis products.
I. The rights and privileges to conduct commercial cannabis activities on a specific
parcel do not attach to title to the property and are not conveyed with the lease
or sale of the property. Accordingly, a permit may not be sold, assigned, leased
or otherwise conveyed or transferred by the person or entity holding the permit
to any third party not named on the application without complying with this
chapter and any other applicable law.
J. Except as provided herein, all other cannabis activities are prohibited.
5.34.09 Commercial Cannabis Performance Standards
A. Commercial Cannabis Cultivation Standards. (Type 1A, 1C, 2A, 3A, 4 & 12)
1. Use type includes:
i. Cultivation of cannabis
ii. Cannabis nursery including the production of clones, immature
plants, seeds, and other agricultural products used specifically for
the planting, propagation, cultivation of cannabis for sale to
licensed commercial cannabis cultivators and licensed retail
establishments. No retail sales are permitted.
iii. Cannabis processing such as drying, curing, grading, or trimming.
iv. Accessory uses related to the planting, growing, harvesting,
drying, curing, grading, or the trimming of cannabis
2. Specific Provisions:
i. All commercial cannabis cultivation operations shall not engage in
the retail sale of any product goods or services, excluding
microbusiness with retail. Only wholesale activities are permitted.
ii. All cultivation activities shall take place indoors, out of sight of the
general public. No greenhouses shall be allowed.
iii. All cannabis cultivation, that includes processing such as drying,
curing, grading, or trimming shall take place indoors.
iv. The permittee shall use best management practices to minimize
water use with cannabis cultivation. This would include the use of
low flow irrigation. The permit shall include a plan for water use
associated with the cultivation.
v. If manufacturing of cannabis takes place on the site of the
cannabis cultivation, compliance with the manufacturing
standards of this chapter are also required.
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ATTACHMENT 1
vi. The applicant shall prepare an integrated management plan

consistent with the regulations associated with the California
Department of Toxic Substances Control for all chemical,
biological and cultural methods to control or prevent the
introduction of pests on the cultivation site.
B. Commercial Cannabis Manufacturing Standards. (Type 6 & 7)
i. Extractions using mechanical methods or nonvolatile solvents.
ii. Extractions using volatile solvents.
i. Commercial cannabis manufacturing activities shall not conduct or
engage in the retail sale of any product goods or services. Only
wholesale activities are permitted.
ii. Applicant shall enact sufficient methods or procedures to capture
or otherwise limit risk of explosion, combustion, or any other
unreasonably dangerous risk to public safety created by volatile
solvents.
iii. All commercial cannabis manufacturing shall take place indoors.
water use with cannabis manufacturing.
v. The permittee shall provide a list to the public works director and
Lakeport Fire Department of all solvents, gasses and/or chemicals
prior to commencement of use. No solvents, gasses and/or
chemicals shall be allowed to enter the city’s wastewater system.
vi. Manufacturing processes that use solvents exclusively within a
closed-loop system that meets all of the following requirements:
a. The system uses only solvents that are generally recognized as
safe pursuant to the federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 301 et seq.).
b. The system is designed to recapture and contain solvents
during the manufacturing process, and otherwise prevent the
off-gassing of solvents into the ambient atmosphere to
mitigate the risks of ignition and explosion during the
manufacturing process.
c. Receives and maintains approval from the local fire official for
the closed-loop system, other equipment, the extraction
operation, and the facility and meets the following: the
California Fire Code; the National Fire Protection Association
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(NFPA) standards; International Building Code (IBC); and the

International Fire Code (IFC).
C. Commercial Cannabis Testing Standards. (Type 8)
i. Testing of cannabis and cannabis products.
ii. Businesses and research institutions engaged in the research of
cannabis and cannabis products, or devices used for the use of
iii. Business offices related to cannabis.
iv. Accessory uses related to the testing of cannabis and cannabis
products.
2. Specific Provisions
i. Commercial cannabis testing operations shall not conduct or
engage in the retail sale of any product goods or services.
ii. The permittee shall use best management practices to minimize
water use with cannabis testing.
D. Distribution of Commercial Cannabis (Type 11)
i. Businesses engaged in the distribution of commercial cannabis,
cannabis products, or devices used for the use of cannabis
products.
ii. The procurement, sale, and transport of cannabis and cannabis
products between entities licensed under state law.
iii. Transporting cannabis or cannabis products.
iv. Conducting quality assurance review to ensure compliance with
labeling and packing requirements.
v. Accessory uses related to the procurement, sale, and transport of
i. A distributor permittee shall be bonded and insured at a
minimum level established by the licensing authority.
ii. All cannabis distributor shall display a copy of the inspection
receipt issued by the Lake County Sealer of Weights and Measures
for all weighing and measuring devices.
187206.5
ATTACHMENT 1
iii. All cannabis and cannabis products held bought, and sold be a
cannabis distributer shall be obtained from a legal source and
shall have the state issued track and trace information.
E. Commercial Cannabis Retailers Standards. (Type 10 & 12)
i. Retailer delivery of cannabis, cannabis products or devices.
ii. Microbusinesses with retailer delivery of cannabis, cannabis
products or devices.
iii. Retailer storefront with sales of cannabis, cannabis products or
devices is prohibited.
iv. Retailer storefront with the delivery of cannabis, cannabis
products or devices is prohibited.
v. Storefront retail with onsite consumption is prohibited.
vi. Microbusinesses with storefront retail included is prohibited.
i. A commercial cannabis permit for retailer issued in compliance
with Section 5.34.04 shall be required for any cannabis retailer
operating within the city. Cannabis retailers shall also be subject
to permit requirements and regulations established by the state
and those established by the city council through resolution or
ordinance. Additionally, cannabis retailers must comply with all
other applicable building codes and requirements, including
accessibility requirements. Permits shall only be issued to
cannabis retailers coming under state cannabis license Types 10
(Retailers) and 12 (Microbusiness). Commercial cannabis permits
for retailers shall be subject to the requirements and limitations
set forth in this Chapter.
ii. No exterior signage or symbols shall be displayed which advertises
the availability of cannabis using drug-related symbols which are
attractive to minors or which is carried out in a manner intended
to encourage persons under twenty-one (21) years of age to
consume cannabis or cannabis products, nor shall any such
signage or symbols be displayed on the interior of the facility in
such a way as to be visible from the exterior.
iii. No cannabis retailer shall hold or maintain a license from the
State Department of Alcoholic Beverage Control to sell alcoholic
beverages, or operate a business that sells alcoholic beverages on
the same premises. No alcoholic beverages shall be allowed or
consumed on the premises.
187206.5
ATTACHMENT 1
iv. No cannabis retailer shall conduct or engage in the commercial

sale of any product, good or service unless otherwise approved by
the permit. A retailer may sell live starter plants, clones and seeds
from qualified nurseries, but shall not cultivate or clone cannabis
(unless the retailer holds a microbusiness or cultivation license
from the state and such activities are allowed on the same
premises under state law).
v. No cannabis shall be smoked on the premises. The term
“premises” includes the actual building, as well as any accessory
structures, parking areas, or other immediate surroundings.
vi. The following signs, in measurements of not less than eight by ten
inches (8x10”), shall be clearly and legibly posted in a conspicuous
location inside the retailer where they will be visible to customers
in the normal course of a transaction, stating:
a. “The sale of cannabis without a state license is illegal.”
b. “Smoking cannabis on this property, within twenty feet (20’)
of the retailer, or in any public place is illegal under California
law.”
c. For medical cannabis retailers: “No one under the age of
eighteen (18) shall be allowed on the premises, unless they
are a qualified patient or a primary caregiver.”
d. For nonmedical cannabis retailers: “No one under the age of
twenty-one (21) shall be allowed on the premises.”
vii. Any commercial cannabis permit issued to microbusiness with a
Type 12 state license, or a state cannabis license type
subsequently established, that contains a retailer operation, will
be subject to the permit procedures and requirements for
cannabis retailers under this section 5.34.09(E). Any commercial
cannabis permit issued to a microbusiness with a cultivation,
manufacturing and/or distribution component will also be subject
to the requirements of section 5.34.09(A), (B), (C) and/or (D) for
those operations.
viii. Except as provided in section 5.34.09(E)(2)(vii) for
microbusinesses, commercial cannabis cultivation and,
manufacturing are prohibited on the same premises.
ii. Cannabis retailers shall contain no window displays that are
visible by normal unaided vision from a public place.
iii. All cannabis deliveries shall have all records identifying the
originating location and terminus of the cannabis or cannabis
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ATTACHMENT 1
products, as well as all corresponding licenses consistent with all

applicable state licensing requirements.
iv. The operating plan for all cannabis deliveries shall include driver
identification and license information for all employees engaged
in delivery operations. Vehicle information including license,
year, make and model shall also be listed in the operating plan.
v. Vehicles used in the delivery of cannabis shall have no signage
and shall be un-marked.
vi. The sale of ancillary products, including books, herbal
supplements, and devices facilitating the consumption of
cannabis shall occur in a manner consistent with this section,
and in compliance with all state requirements.
vii. The maximum retail days and hours of operations shall be
Monday through Sunday, 9:00 a.m. through 7:00 p.m.
F. Cannabis Events within the city are prohibited.
5.34.10 Fees
The city council shall, by resolution, establish a schedule of fees for commercial cannabis
license applications, amendments, renewals and other matters pertaining to this
chapter. The schedule of fees may be changed or modified by resolution of the city
council. Applicants and permittees also shall pay the amount as prescribed by the
Department of Justice of the State of California for the processing of applicant’s
fingerprints. None of the above fees shall be prorated, or refunded in the event of a
denial, suspension or revocation of the permit. Failure to pay the applicable fees is
grounds for denial of an application.
5.34.11 Enforcement
A. Any person violating any provision of this chapter or misrepresenting any
material fact in demonstrating compliance with requirements for engaging in a
commercial cannabis activity shall be deemed guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars or by imprisonment
for not more than twelve months, or by both such fine and imprisonment.
B. Any violation of this chapter is declared to be a public nuisance as defined in
section 370 of the Penal Code, section 3480 of the Civil Code and Chapter 8.22 of
this municipal code and shall be subject to injunctive relief, revocation of the
certificate of occupancy for the property, disgorgement and payment to the city
of any and all monies unlawfully obtained, costs of abatement, costs of
investigation, attorney fees, and any other relief or remedy available at law or
equity. The city may also pursue any and all remedies and actions available and
applicable under local and state law for any violation committed by the
187206.5
ATTACHMENT 1
commercial cannabis owner, its managers, members or any person related or

associated with the commercial cannabis activity.
C. Any violation of the terms and conditions of the commercial cannabis activity in
this chapter shall be grounds for suspension and revocation of the permit.
5.34.12 Liability
The provisions of this chapter shall not be construed to protect the record property
owner(s) of a legal parcel associated with any commercial cannabis activity, his or her
lessees, tenants, and other participants in the operation of a commercial cannabis
activity, and/or members of collectives and/or cooperatives associated with such
activity, from prosecution pursuant to any laws that may prohibit the cultivation, sale,
and/or possession of controlled substances. Moreover, cultivation, sale, possession,
distribution, and use of cannabis remain violations of federal law as of the date of
adoption of the ordinance creating this chapter and this chapter is not intended to, and
does not, protect any of the above described persons from arrest or prosecution under
those federal laws. The record property owner(s) of a legal parcel associated with any
commercial cannabis activity, his or her lessees, tenants, and other participants in such
activity, and/or members of collectives and/or cooperatives associated with such use,
assume any and all risk and any and all liability that may arise or result under state and
federal criminal laws from engaging in a commercial cannabis activity. Further, to the
fullest extent permitted by law, any actions taken under the provisions of this chapter
by any public officer or employee of the city or the city itself shall not become a
personal liability of such person or the liability of the city.
SECTION 2. Section 17.08.050.J of 17.08, Regulations for the Professional

Office District or “PO” District, of the Lakeport Municipal Code is hereby added as
follows:
J. Commercial cannabis testing subject to the regulations set forth in Chapter 5.34.
SECTION 3. Section 17.10.050.N of 17.10, Regulations for the Major Retail or

“C-2” District, of the Lakeport Municipal Code is hereby added as follows:
N. Commercial cannabis consisting of testing subject to the regulations set forth in

Chapter 5.34.
SECTION 4. Section 17.11.050.K of 17.11, Regulations for the Service

Commercial or “C-3” District, of the Lakeport Municipal Code is hereby added as
follows:
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ATTACHMENT 1
K. Commercial cannabis consisting of cultivation, manufacturing without volatile

solvents, testing, distribution and retailers activities subject to the regulations set
forth in Chapter 5.34.
SECTION 5. Section 17.13.040.R of 17.07, Regulations for Industrial or “I”

Zoning District, of the Lakeport Municipal Code is hereby added as follows:
R. Commercial cannabis consisting of cultivation, manufacturing with and without

volatile solvents, testing, distribution and retailers activities subject to the
regulations set forth in Chapter 5.34.
SECTION 6. Severability: Should any provision of this Ordinance, or its

application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable.
SECTION 7. CEQA. This ordinance is exempt from review under the California
Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA
Guidelines, CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Additionally, the revision to the Lakeport Municipal
Code provides for a discretionary review process for the approval of commercial cannabis
related permits and is eligible for the exemption from the CEQA Guidelines provided in
Section 26055(h) of the California Business and Professions Code. Furthermore, the
ordinance constitutes a regulatory action to assure the protection of the environment
and is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines.
SECTION 8. Effective Date. This ordinance shall take effect thirty (30) days after
adoption as provided by Government Code section 36937.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the 21st day of
November, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
187206.5
ATTACHMENT 1
FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting
thereof held on the 2nd day of January 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
MIREYA TURNER, Mayor
ATTEST:
_____________________________
KELLY BUENDIA, City Clerk
City of Lakeport
187206.5
ATTACHMENT 2
ORDINANCE NO. (2017)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT ADDING
CHAPTER 5.34 AND AMENDING CHAPTERS 17.08, 17.10, 17.11 AND 17.13 OF
THE LAKEPORT MUNICIPAL CODE, REGARDING COMMERCIAL CANNABIS
WHEREAS, the Federal Controlled Substances Act, 21 U.S.C. Section 801 et seq.,
classifies cannabis as a Schedule 1 Drug; as such, it is unlawful, under federal law, for
any person to cultivate, manufacture, distribute, dispense, or possess cannabis, whether
for medicinal or recreations purposes; and
WHEREAS, in 1996, the voters of the State of California approved Proposition

215, the Compassionate Use Act (Health and Safety Code Section 11362.5), which was
intended to enable persons who are in need of cannabis for medical purposes to obtain
and use it under limited, specific circumstances, without being subject to criminal
prosecution under certain state statutes; and
WHEREAS, SB 420, the Medical Marijuana Program Act (Health and Safety Code
Section 11362.7 et seq.), was enacted in 2004 to expand and clarify the scope of
Proposition 215, the Compassionate Use Act; and
WHEREAS, in 2015, the State enacted the Medical Marijuana Regulation and
Safety Act (SB 643, AB 266, and AB 243) commonly referred to as MMRSA, instituting a
comprehensive state-level licensure and regulatory scheme for cultivation,
manufacturing, distribution, transportation, laboratory testing, and dispensing of
medical cannabis. Although MMRSA developed a state-level licensure and regulatory
scheme it provided cities and counties the ability to retain local regulator authority over
medical cannabis; and
WHEREAS, the Governor signed SB 837 in June of 2016, changing references to

the term “marijuana” in MMRSA to “ cannabis” and renaming MMRSA the “Medical
Cannabis Regulation and Safety Act” (MCRSA); and
WHEREAS, on November 8, 2016, Proposition 64, the Control, Regulate and Tax
Adult Use of Marijuana Act (AUMA) was enacted by the voters to decriminalize and
regulate commercial and non-commercial recreations cannabis. AUMA provides that
cities and counties retain local regulatory control over commercial recreational
cannabis; and
WHEREAS, the Governor signed SB 94 in June of 2017 (Medicinal and Adult-Use

Cannabis Regulation and Safety Act or MAUCRSA), which amended Section 11362.2 of
the California Health and Safety Code and allows cities and counties to enact and
enforce reasonable regulations to reasonably regulate the cultivation, harvest, drying,
187212.2
ATTACHMENT 2
processing, transportation, purchase, possession, smoking, ingesting, obtaining and

giving away cannabis, including concentrated cannabis and cannabis products; and
WHEREAS, in response to AUMA and MAUCRSA, the Planning Commission,

directed City staff through a minute order on September 20, 2017 to bring forward an
ordinance amending the Lakeport Municipal Code to permit and regulate commercial
cannabis; and
WHEREAS, the City of Lakeport Municipal Code establishes rules and regulations
for living and doing business within city limits; and
WHEREAS, the unregulated operations of commercial cannabis businesses in the

city limits of Lakeport can adversely affect the health, safety, and well-being of the City,
its residents and environment. The development of regulations for commercial cannabis
operations, including zoning regulation, is proper and necessary to reduce the risks of
criminal activity, degradation of the natural environment, malodorous smells, and
indoor electrical fire hazards that may result from unregulated commercial cannabis
operations; and
WHEREAS, the ability to operate a commercial cannabis business as conferred by

AUMA and MAUCRSA does not confer the right to create or maintain a public nuisance,
the City intends to minimize the risks and complaints regarding fire, odor, crime and
pollution caused or threatened by the unregulated operation of commercial cannabis
operations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT DOES ORDAIN
AS FOLLOW:
SECTION 1. Chapter 5.34 of Title 5 of the Lakeport Municipal Code is hereby

adopted to read as follows:
Title 5—Business Taxes, Licenses and Regulations

Chapter 34—Commercial Cannabis
5.34.01 Purpose and Intent
The purpose of these regulations is to ensure that the development of commercial
cannabis does not adversely impact adjacent parcels or the surrounding neighborhood
and that they are developed in a manner which protects the health, safety, and general
welfare of the residents, landowners, and businesses in the city. These regulations shall
apply to all commercial cannabis activities in the city.
5.34.02 Definitions
A. “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis
indica, or Cannabis ruderalis, or any other strain or varietal of the genus
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ATTACHMENT 2
Cannabis that may exist or be discovered, or developed, whether growing or not,

including but not limited to the seeds thereof; the resin, whether crude or
purified, extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or
resin. Any reference to cannabis or cannabis products shall include medical and
nonmedical cannabis and medical and nonmedical cannabis products unless
otherwise specified. “Cannabis” does not mean industrial hemp as defined by
Health and Safety Code section 11018.5, as may be amended from time to time.
B. “Cannabis business owner” means any of the following:
1. Each person or entity having an ownership interest in the commercial
cannabis business other than a security interest, lien, or encumbrance on
property that will be used by the commercial cannabis business;
2. If the commercial cannabis business is a publicly traded company, the
chief executive officer or any person or entity with an aggregate
ownership interest of five percent (5%) or more; or
3. Each person who participates in the direction, control, or management
of, or has a financial interest in, the commercial cannabis business.
C. “Cannabis cultivation” means any activity involving the planting, growing,
harvesting, drying, curing, grading, processing, or trimming of cannabis, including
cannabis nurseries.
D. “Cannabis dispensary” or “Ccannabis retailer” means a facility, whether fixed or
mobile, operated in accordance with state and local laws and regulations, where
cannabis and/or cannabis products are offered for retail sale, including a facility
that delivers cannabis and/or cannabis products as part of a retail sale.
E. “Cannabis distribution” means a facility where a person conducts the business of
procuring cannabis from licensed cultivators or manufacturers for sale to
licensed cannabis dispensaries or cannabis retailers, and the inspection, quality
assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and
other processes, prior to transport to licensed cannabis dispensaries or cannabis
retailers. This facility requires a Type 11 license pursuant to MAUCRSA or a state
cannabis license type subsequently established.
F. “Cannabis manufacturing” means a facility that produces, prepares, propagates,
or compounds manufactured cannabis or cannabis products, directly or
indirectly, by extraction methods, independently by means of chemical
synthesis, or by a combination of extraction and chemical synthesis, and is
owned and operated by a state licensee for these activities.
G. “Cannabis microbusiness” means a facility that cultivates less than 10,000 square
feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and
cannabis retailer and excludes cannabis testing. This facility requires a Type 12
187212.2
ATTACHMENT 2
license pursuant to MAUCRSA, or a state cannabis license type subsequently

established.
H. “Cannabis nursery” means a state licensee that produces only clones, immature
plants, seeds, and other agricultural products used specifically for the planting,
propagation, and cultivation of cannabis.
I. “Cannabis products” means cannabis that has undergone a process whereby the
plant material has been transformed into a concentrate, including, but not
limited to, concentrated cannabis, or an edible or topical product containing
cannabis or concentrated cannabis and other ingredients.
J. “Cannabis testing service” or “cannabis testing laboratory” means a laboratory,
facility, or entity that offers or performs tests of cannabis or cannabis products,
including the equipment provided by such laboratory, facility, or entity.
K. “City manager” means the city manager or the city manager’s designee, if any.
L. “Commercial cannabis uses activities” means any commercial cannabis activity
licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and
Safety Act (“MAUCRSA”), including but not limited to, cultivation, possession,
distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of
cannabis or cannabis products.
M. “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to
be used for medical cannabis purposes in accordance with the Compassionate
Use Act (Health and Safety Code section 11362.5), the Medical Marijuana
Program Act (Health and Safety Code section 11362.7 et seq.), the Medical
Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code
section 19300 et seq.), and MAUCRSA.
N. “Primary caregiver” shall have the same meaning as set forth in Health and
Safety Code section 11362.7, as the same may be amended from time to time.
O. “Qualifying patient” or “qualified patient” shall have the same meaning as set
forth in Health and Safety Code section 11362.7, as the same may be amended
from time to time.
5.34.03 Permit Requirement
No cannabis business may engage in any commercial cannabis use activity in the city
without obtaining the appropriate permit to operate within the city. The permit is
specific to the location where the commercial cannabis activity use will occur. Multiple
operating locations for the same cannabis business will require separate permits as
outlined in sections 5.34.08 and 5.34.09.
5.34.04 Permit Applications
A. Applications for a commercial cannabis permit and other matters pertaining to
this chapter shall be filed with the city manager on an official city application
form.
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ATTACHMENT 2
B. The application shall be filed with all required fees, deposits, information, and
materials as specified by this chapter.
C. The application shall be signed by each cannabis business owner under penalty
of perjury, certifying that the information submitted, including all supporting
documents, is, to the best of the applicant’s knowledge and belief, true, accurate
and complete, and by the property owner for purposes of certifying that s/he
has reviewed the application, and approves the use of the property for the
purposes stated in the application. The signature of both the cannabis business
owner and the property owner shall constitute evidence of their express consent
to allow any city official or employee to enter upon and inspect the premises
upon reasonable notice.
D. The information required by this section shall be confidential, and shall not be
subject to public inspection or disclosure except as may be required by Federal,
State or local law. Disclosure of information pursuant to this section shall not be
deemed a waiver of confidentiality by the applicant or any individual named in
the application. The city shall incur no liability for the inadvertent or negligent
disclosure of such information.
E. Permit applicants are encouraged to contact the city manager before submitting
an application to verify materials necessary for completing an application.
5.34.05 Application Review, Appeal, and Suspension
A. Review of Application. The city manager shall consider the application, and the
results from any investigation into the application, as deemed necessary by the
police chief.
B. Disapproval of Application. If the city manager disapproves an application, he or
she shall notify the applicant in writing, stating the reasons for the disapproval.
Notification of disapproval shall be deemed complete upon deposit by first class
mail to the applicant to the address indicated on the application. No permit shall
be issued unless a successful appeal of the disapproval is made within the
requisite time frame.
C. Appeal of Disapproval.
1. Within ten (10) days after the city manager serves notice of disapproval,
an applicant may appeal the disapproval by notifying the city clerk in
writing of the appeal, the reasons for the appeal, and paying any
applicable fees.
2. The city clerk shall set a hearing on the appeal and shall fix a date and
time certain, within thirty (30) days after the receipt of the applicant’s
appeal, unless the city and the applicant agree to a longer time, to
consider the appeal. In no case will a hearing be continued for more than
ninety (90) days from receipt of applicant’s appeal. The city clerk shall
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ATTACHMENT 2
provide notice of the date, time and place of hearing, at least seven (7)
days prior to the date of the hearing.
3. The city council shall hear the applicant’s appeal, determine the order of
procedure, and rule on all objections to admissibility of evidence. The
applicant and the city manager shall each have the right to submit
documents, call and examine witnesses, cross-examine witnesses and
argue their respective positions. The proceeding shall be informal, the
technical rules of evidence shall not apply, and all evidence shall be
admissible which is of the kind that reasonably prudent persons rely upon
in making decisions.
4. An appellant's failure to attend a hearing shall constitute an
abandonment of the appeal and a failure to exhaust administrative
remedies.
5. The city council shall issue or cause to be issued a written decision within
twenty-one (21) days after the close of the hearing. The decision of the
city council shall be final.
6. An appellant may seek judicial review of the city council’s decision by
filing a petition for review with the superior court, pursuant to Code of
Civil Procedure sections 1094.5 and 1094.6, within ninety days after the
effective date of the city council’s notice of decision.
D. Grounds for Denial, Revocation or Suspension of Permit. The granting of a permit
or a renewal thereof may be denied and an existing permit revoked or
suspended if:
1. The cannabis business owner has knowingly made a false statement in
the application or in any reports or other documents furnished to the
city.
2. The cannabis business owner has been convicted of an offense that is
substantially related to the qualifications, functions, or duties of the
cannabis business for which the application is made, which includes but is
not limited to:
i. A violent felony conviction, as specified in Penal Code
section 667.5(c).
ii. A serious felony conviction, as specified in Penal Code
section 1192.7.
iii. A felony conviction involving fraud, deceit or embezzlement.
iv. A felony conviction for hiring, employing, or using a minor in
transporting, carrying, selling, giving away, preparing for sale, or
peddling any controlled substance to a minor; or selling, offering
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ATTACHMENT 2
to sell, furnishing, offering to furnish, administering, or giving any

controlled substance to a minor.
v. A felony conviction for drug trafficking with an enhancement
pursuant to Health and Safety Code sections 11370.4 or 11379.8.
3. The cannabis business or a cannabis business owner has been sanctioned
by a licensing authority or other city or county for unauthorized
commercial cannabis activity.
4. The granting or renewing of the permit would perpetuate or encourage
any of the following:
i. Distribution of cannabis or cannabis products to minors;
ii. Generation of revenue from the sale of cannabis or cannabis
products to fund criminal enterprises, gangs or cartels;
iii. Diversion of cannabis or cannabis products to jurisdictions outside
of the state where cannabis and cannabis products are unlawful
under state or local law;
iv. Trafficking of other illegal drugs or facilitation of other illegal
activity;
v. Violence and the use of firearms in the cultivation and distribution
of cannabis and cannabis products;
vi. The use of public lands in the cultivation of cannabis; or
vii. The use of federal property for commercial cannabis activity.
5. For any other reason that would allow the state to deny a license under
MAUCRSA.
6. Fails to pay required city fees and taxes.
7. Violates any provision of MAUCRSA, this chapter or any other permits
issued by the city for the commercial cannabis activity use, such as a
conditional use permit.
8. Except as provided in subsections (D)(2)(iv) and (v) of this section, an
application for a permit shall not be denied if the sole ground for denial is
based upon a prior conviction of either section 11350 or section 11357 of
the Health and Safety Code. An application for a permit also shall not be
denied if the state would be prohibited from denying a license pursuant
to either section 26057, subdivision (b)(5), or section 26059 of the
Business and Professions Code. Conviction of any controlled substance
felony subsequent to permit issuance shall be grounds for revocation of a
permit or denial of the renewal of a permit.
E. Suspension and Revocation.
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ATTACHMENT 2
1. If the city manager deems continuation of any commercial cannabis

activity use will cause a significant threat to the health, safety, or welfare
of the public, the city manager may suspend the permit and all rights and
privileges thereunder until the city council renders a written decision on
the revocation of the permit.
2. The city manager shall give notice to the cannabis business of his or her
intent to revoke a permit in the same manner as notice of disapproval
and provide the city clerk with a copy of the notice.
3. The appeal rights and hearing for the revocation of the permit shall be
set and conducted in the same manner as an appeal of disapproval under
section 5.34.05(C). The decision of the city council shall be final.
5.34.06 Permit Issuance
A. Before issuing any permit the city manager shall determine that all of the
following requirements have been met:
1. The application is complete and all applicable city taxes and fees have
been paid.
2. All land use permits have been approved and all conditions of approval
have been met or are in good standing.
3. There are no outstanding notices of nuisance or other unresolved code
compliance issues at the site of the proposed commercial cannabis
activity use or related to the cannabis business owner(s).
B. By accepting the permit, each permittee agrees to indemnify, defend and hold
harmless to the fullest extent permitted by law the city, its officers, agents and
employees from and against any and all actual and alleged damages, claims,
liabilities, costs (including attorney’s fees), suits or other expenses resulting from
and arising out of or in connection with permittee’s operations, except such
liability caused by the sole active negligence or willful misconduct of city, its
officers, agents and employees.
C. The permit shall be valid for one (1) year from the date of issuance.
5.34.07 Transfer of Permit or Modifications to Permit
B. A permit is nontransferable to another location, and no transfer to another
cannabis business owner or modifications to a permitted facility may be made
except in accordance with this section.
C. A request for change in permit ownership shall be submitted to the city manager
on a city form at least sixty (60) days prior to the anticipated transfer, together
with any applicable fee(s). Requests submitted less than sixty (60) days before
the transfer will be processed only in the city’s discretion and may be subject to
an expedited processing fee. A new owner(s) shall meet all requirements for
187212.2
ATTACHMENT 2
applicants of an initial permit. The request shall include the following

information:
1. Identifying information for the new cannabis business owner(s) and
management as required in an initial permit application;
2. A written certification by the new cannabis business owner(s) as required
in an initial permit application;
3. The specific date on which the transfer is to occur; and
4. Acknowledgement of full responsibility for complying with the existing
permit.
D. A request to modify the security plan shall be submitted to the city manager on a
city form at least thirty (30) days prior to the anticipated change, together with
the applicable fee.
E. A request for change in cannabis business contact information shall be
F. A request for change in cannabis business trade or business name shall be
G. A permit renewal application and any applicable fees must be submitted to city
manager at least sixty (60) days before the expiration of the permit. Failure to
submit a renewal application prior to the expiration date of the permit will result
in the automatic expiration of the permit on the expiration date. Permit renewal
is subject to the laws and regulations effective at the time of renewal, which may
be substantially different than the regulations currently in place and may require
the submittal of additional information to ensure that the new standards are
met. No person shall have any entitlement or vested right to receive a permit
under this chapter.
5.34.08 Standard Provisions for all Commercial Cannabis Uses Activities
A. All commercial cannabis uses activities shall have all appropriate state licensing
required prior to commencement of use.
B. No permittee shall sell cannabis or cannabis products to persons under 21 years
of age; allow any person under 21 years of age on its premises; or employ or
retain persons under 21 years of age. No permittee shall sell medicinal cannabis
products to persons under 18 years of age unless accompanied by a parent or
guardian.
C. All commercial cannabis uses activities shall maintain a 600 foot distance from
all properties containing schools, pre-schools, licensed day care facilities, and
parks.
187212.2
ATTACHMENT 2
D. All commercial cannabis activities shall obtain and maintain a business license
from the city.
E. Commercial cannabis uses activities shall not be allowed as a home occupation.
F. All applications shall provide an operations plan containing at a minimum the
following items:
1. General project information
i. Site plan providing both a graphic and written representation of
the applicant’s intended development. The plan shall adhere to
the general site plan standards contained in section 17.29.030 and
shall include all structures, storage and circulation patterns of the
site.
ii. Written project description containing:
a. General project description.
b. A statement of present and proposed ownership.
c. A complete list of all individuals and entities with a
financial interest in the operation.
d. A list and description of all uses shown in the provided site
plan.
iii. Floor plan showing the locations of all proposed uses activities.
iv. Sign plan consistent with the provisions outlined in section 17.52
of this code.
v. Agreement to maintain at all times commercial general liability
providing coverage on an occurrence basis for bodily injury,
including death, of one (1) or more persons, property damage and
personal injury with limits of not less than one million dollars
($1,000,000.00) per occurrence and comprehensive automobile
liability (owned, non-owned, hired) providing coverage on an
occurrence basis for bodily injury, including death, of one (1) or
more persons, property damage and personal injury, with limits of
not less than one million dollars ($1,000,000.00). The commercial
general liability policy shall provide contractual liability, shall
include a severability of interest or equivalent wording, shall
specify that insurance coverage afforded to the city shall be
primary, and shall name the city, its officials and employees as
additional insured. Failure to maintain insurance as required
herein at all times shall be grounds for suspension of the permit
immediately, and ultimately, revocation.
2. Security provisions.
187212.2
ATTACHMENT 2
i. Operations shall provide adequate security on the premises,

including lighting, security cameras, security personnel and
alarms, to ensure the safety of persons and to protect the
premises from theft. Security camera footage shall be retained a
minimum of 30 days.
ii. The plan shall include the name, phone number and email of
community relations staff whom may be contacted at any time
regarding operational problems associated with the commercial
cannabis activity use.
iii. A current register of the names of all employees currently
employed by the use shall be provided and maintained on site.
Employee register and contact information shall be current and
up-to-date at all times. Any changes made to the employee
register shall be provided to the city manager within thirty (30)
days.
iv. All employees either direct or via contract shall undergo a
background check by the city police department. An individual
may fail the background check if they have been convicted of an
offense that is substantially related to the qualifications,
functions, or duties of the business or profession for which the
application is made, except that if the police chief determines that
the applicant, owner, or licensee is otherwise suitable to be issued
a license, and granting the license would not compromise public
safety, the police chief shall conduct a thorough review of the
nature of the crime, conviction, circumstances, and evidence of
rehabilitation of the applicant, owner, licensee to be issued a
license based on the evidence found through the review. In
determining which offences are substantially related to the
qualifications, functions, or duties of the business or profession
for which the application is made, the police chief shall include,
but not be limited to, the following:
a. A violent felony conviction, as specified in subdivision (c)
b. A serious felony conviction, as specified in subdivision (c)
c. A felony conviction involving fraud, deceit, or
embezzlement.
d. A felony conviction for hiring, employing, or using a minor
in transporting, carrying, selling, giving away, preparing for
sale, or peddling, any controlled substances to a minor; or
selling, offering to sell, furnishing, offering to furnish,
187212.2
ATTACHMENT 2
administering, or giving any controlled substance to a

minor.
e. A felony conviction for drug trafficking with enhancements
pursuant to section 11370.4 or 11379.8 of the Health and
Safety Code.
f. Any other conviction that may disqualify an
applicant/owner or permittee under state law.
v. Verification that the security provisions for the operation have
been reviewed and approved by the city police department prior
to the issuance of a development permit.
3. Public health and safety provisions
i. Facility improvement plan demonstrating that the operation is
compliant with all applicable public health and safety provisions
of the International Building Code. The facility improvement plan
shall be reviewed and approved by the applicable fire agency and
city building division prior to the issuance of a development
permit.
ii. Statement of proposed water usage.
iii. Wastewater disposal plan reviewed and approved by the city
utilities division prior to the issuance of any development permit.
The wastewater disposal plan shall include any specific designs for
pre-treatment of waste prior to entering municipal sewer system.
No waste containing hazardous materials or other containments
shall be permitted to enter the municipal sewer system consistent
with Chapter 13.20 of this municipal code concerning “Sewer Use
And Pretreatment.”
iv. Solid waste disposal plan, including the management of cannabis
related waste.
v. Hazardous waste management plan to be approved by Lake
County Health Department.
vi. Odor prevention plan that will prevent obnoxious odors or fumes
from being emitted beyond the operation limits that are
perceptible by a reasonable person. Minimum design
specifications should include odor absorbing ventilation and
exhaust systems.
G. All commercial cannabis uses activities shall submit an annual performance
review report demonstrating compliance with required provisions of this section
and all specific operating provisions and licensing required at the time of
development approval. Failure to submit an annual report or failure to comply
187212.2
ATTACHMENT 2
with required provisions will result in revocation of the operating permit. The
annual performance review report shall include inspection by city.
H. All permittees shall comply with the state track and trace requirements for
I. The rights and privileges to conduct commercial cannabis uses activities on a
specific parcel do not attach to title to the property and are not conveyed with
the lease or sale of the property. Accordingly, a permit may not be sold,
assigned, leased or otherwise conveyed or transferred by the person or entity
holding the permit to any third party not named on the application without
complying with this chapter and any other applicable law.
J. Except as provided herein, all other cannabis activities are prohibited.
5.34.09 Commercial Cannabis Performance Standards
A. Commercial Cannabis Cultivation Standards. (Type 1A, 1C, 2A, 3A, 4 & 12)
i. Cultivation of cannabis
ii. Cannabis nursery including the production of clones, immature
plants, seeds, and other agricultural products used specifically for
the planting, propagation, cultivation of cannabis for sale to
licensed commercial cannabis cultivators and licensed retail
establishments. No retail sales are permitted.
iii. Cannabis processing such as drying, curing, grading, or trimming.
iv. Accessory uses related to the planting, growing, harvesting,
drying, curing, grading, or the trimming of cannabis
i. All commercial cannabis cultivation operations shall not engage in
the retail sale of any product goods or services, excluding
microbusiness with retail. Only wholesale activities are permitted.
ii. All cultivation activities shall take place indoors, out of sight of the
general public. No greenhouses shall be allowed.
iii. All cannabis cultivation, that includes processing such as drying,
curing, grading, or trimming shall take place indoors.
water use with cannabis cultivation. This would include the use of
low flow irrigation. The permit shall include a plan for water use
associated with the cultivation.
187212.2
ATTACHMENT 2
v. If manufacturing of cannabis takes place on the site of the

cannabis cultivation, compliance with the manufacturing
standards of this chapter are also required.
vi. The applicant shall prepare an integrated management plan
consistent with the regulations associated with the California
Department of Toxic Substances Control to be reviewed and
approved by the Lake County Agricultural Commission for all
chemical, biological and cultural methods to control or prevent
the introduction of pests on the cultivation site.
B. Commercial Cannabis Manufacturing Standards. (Type 6 & 7)
1. Use type includes: the production, preparation, propagation, or
compounding of cannabis or cannabis products either directly or
indirectly or by extraction methods, or independently by means of
chemical synthesis, volatile solvents, or by a combination of extraction
and chemical synthesis at a fixed location that packages or repackages
cannabis or cannabis products or labels or re-labels its container.
i. Extractions using mechanical methods or nonvolatile solvents.
ii. Extractions using volatile solvents.
i. Commercial cannabis manufacturing uses activities shall not
conduct or engage in the retail sale of any product goods or
services. Only wholesale activities are permitted.
ii. Applicant shall enact sufficient methods or procedures to capture
or otherwise limit risk of explosion, combustion, or any other
unreasonably dangerous risk to public safety created by volatile
solvents.
iii. All commercial cannabis manufacturing shall take place indoors.
water use with cannabis manufacturing.
v. The permittee shall provide a list to the public works director and
Lakeport Fire Department of all solvents, gasses and/or chemicals
prior to commencement of use. No solvents, gasses and/or
chemicals shall be allowed to enter the city’s wastewater system.
vi. Manufacturing processes that use solvents exclusively within a
closed-loop system that meets all of the following requirements:
a. The system uses only solvents that are generally recognized as
safe pursuant to the federal Food, Drug, and Cosmetic Act (21
U.S.C. Sec. 301 et seq.).
187212.2
ATTACHMENT 2
b. The system is designed to recapture and contain solvents

during the manufacturing process, and otherwise prevent the
off-gassing of solvents into the ambient atmosphere to
mitigate the risks of ignition and explosion during the
manufacturing process.
c. Receives and maintains approval from the local fire official for
the closed-loop system, other equipment, the extraction
operation, and the facility and meets the following: the
California Fire Code; the National Fire Protection Association
(NFPA) standards; International Building Code (IBC); and the
International Fire Code (IFC).
C. Commercial Cannabis Testing Standards. (Type 8)
i. Testing of cannabis and cannabis products.
ii. Businesses and research institutions engaged in the research of
cannabis and cannabis products, or devices used for the use of
iii. Business offices related to cannabis.
iv. Accessory uses related to the testing of cannabis and cannabis
products.
2. Specific Provisions
i. Commercial cannabis testing operations shall not conduct or
engage in the retail sale of any product goods or services.
ii. The permittee shall use best management practices to minimize
water use with cannabis testing.
D. Distribution of Commercial Cannabis (Type 11)
i. Businesses engaged in the distribution of commercial cannabis,
cannabis products, or devices used for the use of cannabis
products.
ii. The procurement, sale, and transport of cannabis and cannabis
products between entities licensed under state law.
iii. Transporting cannabis or cannabis products.
iv. Conducting quality assurance review to ensure compliance with
labeling and packing requirements.
v. Accessory uses related to the procurement, sale, and transport of
187212.2
ATTACHMENT 2
i. A distributor permittee shall be bonded and insured at a
minimum level established by the licensing authority.
ii. All cannabis distributor shall display a copy of the inspection
receipt issued by the Lake County Sealer of Weights and Measures
for all weighing and measuring devices.
iii. All cannabis and cannabis products held bought, and sold be a
cannabis distributer shall be obtained from a legal source and
shall have the state issued track and trace information.
E. Commercial Cannabis Retailers Standards. (Type 10 & 12)
i. Retailer storefront with sales of cannabis, cannabis products or
devices is prohibited.
ii. Retailer storefront with the delivery of cannabis, cannabis
products or devices is prohibited.
iii. Retailer delivery of cannabis, cannabis products or devices.
iv. Storefront retail with onsite consumption is prohibited.
v. Microbusinesses with storefront retail included is prohibited.
vi. Microbusinesses with retailer delivery of cannabis, cannabis
products or devices.
i. No more than two (2) cannabis retailers shall be permitted within
the city limits at any one time.
ii. Cannabis retailers shall not exceed one thousand five hundred
square feet (1,500 square feet), exclusive of office space,
restrooms and other non-dispensary cannabis retail or
educational uses.
No cannabis retailer dispensary may increase in size without
amending the use permit required by title 17. The size limitation
shall be included in the operational plan required by 5.34.08(G) of
this chapter.
i. A commercial cannabis permit for retailer issued in compliance
with Section 5.34.04 shall be required for any cannabis retailer
dispensary operating within the city. Cannabis retailers shall also
be subject to permit requirements and regulations established by
the state and those established by the city council through
resolution or ordinance. Additionally, cannabis retailers must
187212.2
ATTACHMENT 2
comply with all other applicable building codes and requirements,

including accessibility requirements. Permits shall only be issued
to cannabis dispensaries retailers coming under state cannabis
license Types 10 (Retailers) and 12 (Microbusiness). Commercial
cannabis permits for retailers shall be subject to the requirements
and limitations set forth in this Chapter. and shall be issued
according to the following procedure:
a. The city council shall, following an open application period and
review of applications by the city manager, consider
commercial cannabis permit applications for retailers meeting
all minimum qualifications at a public hearing. The city council
may approve up to two (2) commercial cannabis permits for
two (2) retailers to operate in the city at the same time, with
necessary conditions.
b. If a commercial cannabis permit for a retailer becomes
available within twelve (12) months of a previous application
period, city staff may first review all minimally qualified
applications from the prior application process, and consider
them for submittal to the city council prior to opening a new
application process. If a new application process is opened,
prior applicants may inform city staff in writing that they wish
to re-submit their application rather than file a new
application.
c. The city council may adopt by resolution such forms, fees, and
procedures as are necessary to implement this chapter with
respect to the initial selection, future selection, investigation
process, renewal, revocation, and suspension of cannabis retail
dispensary use permits. Such procedures may include a priority
ranking system, and appointment of staff review panel for
cannabis retailers use permits.
ii. A cannabis retailer may possess no more than (5) pounds of
dried cannabis at any one time in addition to live plants for sale
that are in a vegetative (not mature) state.
ii. No exterior signage or symbols shall be displayed which advertises
the availability of cannabis using drug-related symbols which are
attractive to minors or which is carried out in a manner intended
to encourage persons under twenty-one (21) years of age to
consume cannabis or cannabis products, nor shall any such
signage or symbols be displayed on the interior of the facility in
such a way as to be visible from the exterior.
187212.2
ATTACHMENT 2
iii. No cannabis retailer shall hold or maintain a license from the

State Department of Alcoholic Beverage Control to sell alcoholic
beverages, or operate a business that sells alcoholic beverages on
the same premises. No alcoholic beverages shall be allowed or
consumed on the premises.
iv. No cannabis retailer shall conduct or engage in the commercial
sale of any product, good or service unless otherwise approved by
the permit. A retailer may sell live starter plants, clones and seeds
from qualified nurseries, but shall not cultivate or clone cannabis
(unless the retailer holds a microbusiness or cultivation license
from the state and such uses activities are allowed on the same
premises under state law). Not more than ten percent (10%) of
the retailer area, up to a maximum of fifty (50) square feet may
be devoted to the sale of incidental goods for personal cannabis
cultivation and use, but shall not include clothing, posters or other
promotional items.
v. No cannabis shall be smoked on the premises, unless allowed
under a condition of approval. The term “premises” includes the
actual building, as well as any accessory structures, parking areas,
or other immediate surroundings. Onsite consumption of
cannabis may be allowed if the cannabis retailer permit explicitly
allows it, and if done in accordance with state laws and
regulations, as may be amended from time to time, and any
conditions placed on the commercial cannabis permit, including
those related to ventilation and odor control.
vi. The following signs, in measurements of not less than eight by ten
inches (8x10”), shall be clearly and legibly posted in a conspicuous
location inside the retailer where they will be visible to customers
in the normal course of a transaction, stating:
d. “The sale of cannabis without a state license is illegal.”
e. “Smoking cannabis on this property, within twenty feet (20’)
of the retailer, or in any public place is illegal under California
law.”
f. For medical cannabis dispensaries retailers: “No one under
the age of eighteen (18) shall be allowed on the premises,
unless they are a qualified patient or a primary caregiver.”
g. For nonmedical cannabis retailers: “No one under the age of
twenty-one (21) shall be allowed on the premises.”
vii. Any commercial cannabis permit issued to microbusiness with a
Type 12 state license, or a state cannabis license type
187212.2
ATTACHMENT 2
subsequently established, that contains a retailer operation, will

be subject to the permit procedures and requirements for
cannabis retailers under this section 5.34.09(E). Any such permit
will count toward the city’s maximum number of retailers. Any
commercial cannabis permit issued to a microbusiness with a
cultivation, manufacturing, testing and/or distribution
component will also be subject to the requirements of section
5.34.09(A), (B), (C) and/or (D) for those operations.
viii. Except as provided in section 5.34.09(E)(2)(viixi) for
microbusinesses, commercial cannabis cultivation and,
manufacturing and testing are prohibited on the same premises.
ix. Cannabis retailers shall contain no window displays that are
visible by normal unaided vision from a public place.
x. All cannabis deliveries shall have all records identifying the
originating location and terminus of the cannabis or cannabis
products, as well as all corresponding licenses consistent with all
applicable state licensing requirements.
xi. The operating plan for all cannabis deliveries shall include driver
identification and license information for all employees engaged
in delivery operations. Vehicle information including license,
year, make and model shall also be listed in the operating plan.
xii. Vehicles used in the delivery of cannabis shall have no signage
and shall be un-marked.
xiii. The sale of ancillary products, including books, herbal
supplements, and devices facilitating the consumption of
cannabis shall occur in a manner consistent with this section,
and in compliance with all state requirements.
xiv. The maximum retail days and hours of operations shall be
Monday through Sunday, 9:00 a.m. through 7:00 p.m.
F. Cannabis Events within the Ccity of Lakeport are prohibited.
5.34.10 Fees
The city council shall, by resolution, establish a schedule of fees for commercial cannabis
license applications, amendments, renewals and other matters pertaining to this
chapter. The schedule of fees may be changed or modified by resolution of the city
council. Applicants and permittees also shall pay the amount as prescribed by the
Department of Justice of the State of California for the processing of applicant’s
fingerprints. None of the above fees shall be prorated, or refunded in the event of a
187212.2
ATTACHMENT 2
denial, suspension or revocation of the permit. Failure to pay the applicable fees is
grounds for denial of an application.
5.34.11 Enforcement
A. Any person violating any provision of this chapter or misrepresenting any
material fact in demonstrating compliance with requirements for operating
engaging in a commercial cannabis activity use shall be deemed guilty of a
misdemeanor punishable by a fine of not more than one thousand dollars or by
imprisonment for not more than twelve months, or by both such fine and
imprisonment.
B. Any violation of this chapter is declared to be a public nuisance as defined in
section 370 of the Penal Code, section 3480 of the Civil Code and Chapter 8.22 of
this municipal code and shall be subject to injunctive relief, revocation of the
certificate of occupancy for the property, disgorgement and payment to the city
of any and all monies unlawfully obtained, costs of abatement, costs of
investigation, attorney fees, and any other relief or remedy available at law or
equity. The city may also pursue any and all remedies and actions available and
applicable under local and state law for any violation committed by the
commercial cannabis owner, its managers, members or any person related or
associated with the commercial cannabis activity use.
C. Any violation of the terms and conditions of the commercial cannabis activity
use of in this chapter shall be grounds for suspension and revocation of the
permit.
5.34.12 Liability
The provisions of this chapter shall not be construed to protect the record property
owner(s) of a legal parcel associated with any commercial cannabis activity use, his or
her lessees, tenants, and other participants in the operation of a commercial cannabis
activity use, and/or members of collectives and/or cooperatives associated with such
activity use, from prosecution pursuant to any laws that may prohibit the cultivation,
sale, and/or possession of controlled substances. Moreover, cultivation, sale,
possession, distribution, and use of cannabis remain violations of federal law as of the
date of adoption of the ordinance creating this chapter and this chapter is not intended
to, and does not, protect any of the above described persons from arrest or prosecution
under those federal laws. The record property owner(s) of a legal parcel associated with
any commercial cannabis activity use, his or her lessees, tenants, and other participants
in the such activity use, and/or members of collectives and/or cooperatives associated
with such use, assume any and all risk and any and all liability that may arise or result
under state and federal criminal laws from operating engaging in a commercial
cannabis activity use. Further, to the fullest extent permitted by law, any actions taken
under the provisions of this chapter by any public officer or employee of the city or the
city itself shall not become a personal liability of such person or the liability of the city.
187212.2
ATTACHMENT 2
SECTION 2. Section 17.08.050.J of 17.08, Regulations for the Professional

Office District or “PO” District, of the Lakeport Municipal Code is hereby added as
follows:
J. Commercial cannabis testing subject to the regulations set forth in Chapter 5.34.
SECTION 3. Section 17.10.050.N of 17.10, Regulations for the Major Retail or

“C-2” District, of the Lakeport Municipal Code is hereby added as follows:
N. Commercial cannabis consisting of testing and retailers uses activities not

consisting of on-site consumption or microbusinesses subject to the regulations
set forth in Chapter 5.34.
SECTION 4. Section 17.11.050.K of 17.11, Regulations for the Service

Commercial or “C-3” District, of the Lakeport Municipal Code is hereby added as
follows:
K. Commercial cannabis consisting of cultivation, manufacturing without volatile

solvents, testing, distribution and retailers uses activities subject to the
SECTION 5. Section 17.13.040.R of 17.07, Regulations for Industrial or “I”

Zoning District, of the Lakeport Municipal Code is hereby added as follows:
R. Commercial cannabis consisting of cultivation, manufacturing with and without

volatile solvents, testing, distribution and retailers uses activities subject to the
SECTION 6. Severability: Should any provision of this Ordinance, or its

application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this Ordinance or the application of this
Ordinance to any other person or circumstance and, to that end, the provisions hereof
are severable.
SECTION 7. CEQA. This ordinance is exempt from review under the California
Environmental Quality Act (CEQA). Pursuant to section 15061(b)(3) of the CEQA
Guidelines, CEQA applies only to projects which have the potential for causing a
significant effect on the environment. Additionally, the revision to the Lakeport Municipal
Code provides for a discretionary review process for the approval of commercial cannabis
related permits and is eligible for the exemption from the CEQA Guidelines provided in
Section 26055(h) of the California Business and Professions Code. Furthermore, the
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ATTACHMENT 2
ordinance constitutes a regulatory action to assure the protection of the environment

and is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines.
SECTION 8. Effective Date. This ordinance shall take effect thirty (30) days after
adoption as provided by Government Code section 36937.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall give notice of its adoption as required by law. Pursuant to
Government Code section 36933, a summary of this Ordinance may be published and
posted in lieu of publication and posting the entire text.
INTRODUCED and first read at a regular meeting of the City Council on the 21st day of
November, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting
thereof held on the 2nd day of January 2018 5th day of December 2017, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
MIREYA TURNER, MAYOR
STACEY MATTINA, MAYOR
ATTEST:
_____________________________
KELLY BUENDIA, City Clerk
City of Lakeport
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ATTACHMENT 3
City of Lakeport
Cannabis Regulation Matrix
Permit Type State License Type(s) R-1 R-2 R-3 R-5 PO C-1 C-2 C-3 I
Personal/Medicinal Cultivation P P P P
Commercial Cultivation 1A, 1C, 2A, 3A & 4 UP UP
Manufacturing (no volatile solvents) 6 UP UP
Manufacturing (volatile solvents) 7 UP
Testing 8 UP UP UP UP
Distribution 11 UP UP
Retailers (delivery only) 10 UP UP
Retailers, microbusiness (delivery only) 12 UP UP
State License Types:
Type 1 - Cultivation specialty outdoor, up to 5,000 sq. ft. of canopy or 50 Plants

Type 1A - Cultivation; Specialty indoor. Up to 5,000 sq. ft.
Type 1B - Cultivation; Specialty mixed light. Using exclusively artificial lighting
Type 1C - Specialty Cottage, Combo natural / artificial light, 2,500 sq. ft. or less canopy/ 25 plants
Type 2 - Cultivation: outdoor up to 5,000 sq. ft.
Type 2A - Cultivation; Indoor 5,001- 10.000 sq. ft.
Type 2B - Cultivation; mixed light 5,001- 10.000 sq. ft.
Type 3 - Cultivation; Outdoor 10,001 sq. ft. -1 Acre
Type 3A - Cultivation: Indoor 10,001 - 22,000 sq. ft.
Type 3B - Cultivation; Mixed light 10,001 - 22,000 sq. ft.
Type 4 - Cultivation; Nursery, Indoor only
Type 6 - Manufacturer 1 for products not using volatile solvents
Type 7 - Manufacturer 2 for products using volatile solvents
Type 8 - Testing
Type 10 - Retailer
Type 11 - Distribution
Type 12 - Microbusiness
ATTACHMENT 4
City of Lakeport, CA
H
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C-3 Service Commercial
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Projected coordinate system name: NAD 1983 State Plane California II FIPS 0402 Feet
Geographic coordinate system name: GCS North American 1983
Current Draft Ordinance Buffers--Commercial Cannabis Use Areas

(Schools, Pre-schools/Large Family Daycares, Parks)
CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport
STAFF REPORT
RE: Mayoral Appointment of Liaisons to Commissions, Boards, MEETING DATE: 01/02/2018
and Committees
SUBMITTED BY: Kelly Buendia, City Clerk
PURPOSE OF REPORT: Information only Discussion Action Item
WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The Mayor is being asked to appoint members as liaisons to commissions, boards, and committees. In addition,
the Council is being asked to adopt a resolution appointing representatives to represent and vote on behalf of
the City at the League of California Cities, Redwood Empire Division Business meetings and represent the City
and vote at Division Legislative Committee meetings.
BACKGROUND/DISCUSSION:
Annual appointments are made to several commissions, committees, and boards. Some of these appointments
are advisory only and some of them require active participation. The Mayor has authority to appoint members
to these commissions, committees, and boards.
These annual appointments run from January through December of the coming calendar year. The following is
brief information on each of the commissions/ boards/committees:
 Lakeport Fire Protection District: The board meets the second Tuesday of each month at 5:00 p.m. at the
Fire Department. One Council member and an alternate are appointed (not voting or acting members) to
attend meetings and report to the City Council.
 Lake County Chamber of Commerce: The board meets the fourth Friday of each month at 7:30 a.m. at
Umpqua Bank. There are also monthly dinner meetings. One Council member and an alternate are
appointed (not voting or acting members) to attend meetings and report to the City Council.
 Lakeport Main Street Association: The board meets the third Tuesday of each month at 4:30 p.m. at Lake
County Arts Council, 325 N. Main St. One Council Member is appointed (not voting or acting member) to
attend meetings and report to the City Council.
 League of California Cities, Redwood Empire Division, Division Business Meeting Voting Delegate: This board
meets quarterly. One Council member and one alternate are appointed to attend the League's Division
meetings.
 League of California Cities, Redwood Empire Division, Legislative Committee Voting Delegate: One Council
member and one alternate is appointed to attend the League's Legislative Committee meetings.
 Lake County/City Area Planning Council (APC): This committee handles transportation issues and meets the
second Wednesday of each month. The location alternates between the City of Lakeport Council Chambers
and the Lake Transit offices in Lower Lake. Two Council members and an alternate are appointed and are
active, voting members of the APC.
Meeting Date: 01/03/2018 Page 1 Agenda Item #VI.B.1.
 County of Lake Solid Waste Management Task Force: This is a County committee on which the City has a
liaison. Typically, the City appoints one Council member and the City Manager to attend any meetings of
the Task Force.
 SB 621 Indian Gaming Funds Committee: This committee meets on as "as needed basis" as funding
becomes available. The City appoints one active voting member and one alternate.
 Local Agency Formation Commission (LAFCO): This board meets monthly and alternates meetings between
Lakeport and Clearlake. The City appoints a Council member who acts as a voting member of LAFCO. An
alternate is also appointed. An alternate commissioner is rotated between the City of Clear Lake and the
City of Lakeport every two years. It will be the City’s turn to appoint an alternate for the years 2018 and
2019.
 Invasive Species Task Force Committee: This committee meets on monthly on a Monday TBA from
10:00 a.m. to 12:00 at the Agriculture Office. The City appoints one member as an active, voting member.
 Clean Water Program Committee (formerly TMDL): This board meets on a monthly basis, and the City
appoints one member as an active, voting member.
 Lakeport Unified School District Committee: This committee meets quarterly, TBA. The City appoints two
Council members to sit on the committee and report to Council.
 Oversight Board of the Former Lakeport Redevelopment Agency: This Board meets as needed. The City
appoints one member as an active, voting member.
 Lake County Abandoned Vehicle Abatement Service Authority: Meetings are called by the County on an
“as-needed” basis. The Council appoints one member who acts a voting member and an alternate is also
appointed.
 Lake County Airport Land Use Commission: This committee is not currently active, however, the Mayor may
wish to appoint a Council Member to the Commission should a project arise needing city participation in the
Commission.
OPTIONS:
The Mayor can make appointments to the various commissions, boards, and committees as listed or give further
direction.
The Council can adopt a resolution appointing voting delegates to the League's Division Business and Legislative
Committee meetings or decline to appoint a voting delegate to either/both meetings.
FISCAL IMPACT:
None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $
Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:
Comments:
SUGGESTED MOTIONS:
No motion is necessary for the Mayoral appointments.
Move that the City Council adopt a resolution appointing representatives to represent and vote on behalf of the
City at the League of California Cities, Redwood Empire Division Business meetings and represent the City and
vote at Division Legislative Committee meetings.
Attachments: 1. List of current liaisons to commissions, boards, and committees.
2. Proposed resolution for League of California Cities, Redwood Division
appointments
Meeting Date: 01/03/2018 Page 2 Agenda Item #VI.B.1.

ATTACHMENT 1
LAKEPORT CITY COUNCIL

EFFECTIVE JANUARY 3, 2017
LIAISONS TO COMMISSIONS, BOARDS, COMMITTEES
LIAISONS
2017 2018
Lakeport Fire Protection District Council Member Barnes Mayor
Pro Tem Turner, Alt.
Lakeport Regional Chamber of Commerce Mayor Pro Tem Turner Mayor
Mattina, Alt.
Lakeport Main Street Association Council Member Spurr
APPOINTMENTS
2017 2018
League of California Cities Mayor Pro Tem Turner
Redwood Empire Division Mayor Mattina
Division Business Meeting Voting Delegate
League of California Cities Mayor Pro Tem Turner
Redwood Empire Division Mayor Mattina
Legislative Committee Voting Delegate
Lake County/City Area Planning Council Mayor Mattina
Council Member Parlet
Council Member Spurr.
Alt.
County of Lake Solid Waste Management Council Member Spurr
Task Force Mayor Pro Tem Turner
SB 621 Indian Gaming Funds Committee Council Member Spurr
Council Member Barnes
Local Agency Formation Commission* Mayor Mattina
*City gets Alternate in 2018 & 2019 *No Alternate in 2017
Invasive Species Task Force Committee Council Member Parlet
Clean Water Program Committee Council Member Parlet
Lakeport Unified School District Committee Mayor Mattina
Mayor Pro Tem Turner
Oversight Board of the Former Lakeport Mayor Mattina
Redevelopment Agency Council Member Parlet. Alt.
Abandoned Vehicle Service Authority Council Member Parlet
Council Member Spurr, Alt.
Lake County Airport Land Use Commission Will Appoint if Needed

ATTACHMENT 2
RESOLUTION NO. ______ (2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEPORT APPOINTING REPRESENTATIVES TO REPRESENT AND VOTE
ON BEHALF OF THE CITY AT THE LEAGUE OF CALIFORNIA CITIES,
REDWOOD EMPIRE DIVISION BUSINESS MEETINGS AND REPRESENT
THE CITY AND VOTE AT DIVISION LEGISLATIVE COMMITTEE
MEETINGS.
WHEREAS, the City is a member of the League of California Cities, an

association of California city officials who work together to enhance their knowledge and
skills, exchange information, and combine resources so that they may influence policy
decisions that affect cities, and
WHEREAS, mayors, council members and other officials set League policies
and priorities from member cities who serve on the League Board of Directors, League
policy committees, regional division boards, departments, caucuses, and task forces
where League policies and priorities are formulated and set, and
WHEREAS, the City is an active member of the Redwood Empire Division,

League of California Cities, and
WHEREAS, the Redwood Empire Division By-laws, Article III, Section 3, states
representatives of each member city shall cast one vote by city, and
WHEREAS, the Redwood Empire Division By-laws, Article VIII, creates a

Redwood Empire Division Legislative Committee to review and respond to bills that
impact Redwood Empire Cities, and
WHEREAS, the City must appoint one elected official to attend and represent the
city at Division Business meetings who can vote on behalf of the city, and
WHEREAS, the City must appoint one elected official to attend and represent the
city at Legislative Committee meetings who can vote on behalf of the city, and
WHEREAS, an alternate elected official should be appointed to represent the city

in the event the regular member is not available to attend, and
WHEREAS, appointments should be reviewed and updated annually.
NOW, THEREFORE, BE IT RESOLVED that the 2018 appointment for the

Redwood Empire Division are as follows:
Division Business Meeting Primary: ___________________________

ATTACHMENT 2
Division Business Meeting Alternate: __________________________
Legislative Committee Primary: ______________________________
Legislative Committee Alternate: _____________________________
It is hereby certified that the foregoing Resolution No. ____ was duly introduced and
adopted by the City Council of the City of Lakeport at its regular meeting held on the 2nd
day of January 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Approved:
____________________________
Mireya Turner, Mayor
Attested:
______________________________
Kelly Buendia, City Clerk

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL

Mayor Mattina called the meeting to order at 5:32 p.m.

be complete within 60 – 90 days. Weather dependent, projects should

The following spoke in opposition to the draft ordinance, specifically retail

Kimberly Chilcutt opposed the Ordinance’s provisions prohibiting

Susan King asked supported issuing provisional licenses – Community

Mayor Mattina closed the Public Hearing at 7:20 p.m.

• Use Type: only retail delivery will be allowed (5.34.09.E.1.iii)

• Specific Provisions: remove 5lb weight restriction (5.34.09.E.2.iv.)

A motion was made by Council Member Barnes, seconded by Council Member

City Attorney Ruderman reported had no report.

12/20/2017 10:57:10 AM Page 1 of 5

12/20/2017 10:57:10 AM Page 2 of 5

12/20/2017 10:57:10 AM Page 3 of 5

12/20/2017 10:57:10 AM Page 4 of 5

Cash Account Count Amount

Transaction Type Count Amount

12/20/2017 10:57:10 AM Page 5 of 5

SUBMITTED BY: Kevin M. Ingram, Community Development Director

PURPOSE OF REPORT: Information only Discussion Action Item

WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Meeting Date: January 2, 2018 Page 1 Agenda Item #VI.A.1.

December 4, 2017 proposed changes—

December 19, 2017 proposed changes—

Meeting Date: January 2, 2018 Page 2 Agenda Item #VI.A.1.

Attachments: 1. Proposed Commercial Cannabis Ordinance

Meeting Date: January 2, 2018 Page 3 Agenda Item #VI.A.1.

ORDINANCE NO. (2018)

WHEREAS, in 1996, the voters of the State of California approved Proposition

WHEREAS, the Governor signed SB 837 in June of 2016, changing references to

WHEREAS, the Governor signed SB 94 in June of 2017 (Medicinal and Adult-Use

processing, transportation, purchase, possession, smoking, ingesting, obtaining and

WHEREAS, in response to AUMA and MAUCRSA, the Planning Commission,

WHEREAS, the unregulated operations of commercial cannabis businesses in the

WHEREAS, the ability to operate a commercial cannabis business as conferred by

SECTION 1. Chapter 5.34 of Title 5 of the Lakeport Municipal Code is hereby

Title 5—Business Taxes, Licenses and Regulations

Cannabis that may exist or be discovered, or developed, whether growing or not,

v. A felony conviction for drug trafficking with an enhancement

privileges thereunder until the city council renders a written decision on

1. Identifying information for the new cannabis business owner(s) and

F. All applications shall provide an operations plan containing at a minimum the

premises from theft. Security camera footage shall be retained a

e. A felony conviction for drug trafficking with enhancements

vi. The applicant shall prepare an integrated management plan

(NFPA) standards; International Building Code (IBC); and the

iv. No cannabis retailer shall conduct or engage in the commercial

products, as well as all corresponding licenses consistent with all

commercial cannabis owner, its managers, members or any person related or

SECTION 2. Section 17.08.050.J of 17.08, Regulations for the Professional

SECTION 3. Section 17.10.050.N of 17.10, Regulations for the Major Retail or

N. Commercial cannabis consisting of testing subject to the regulations set forth in

SECTION 4. Section 17.11.050.K of 17.11, Regulations for the Service

K. Commercial cannabis consisting of cultivation, manufacturing without volatile

SECTION 5. Section 17.13.040.R of 17.07, Regulations for Industrial or “I”

R. Commercial cannabis consisting of cultivation, manufacturing with and without

SECTION 6. Severability: Should any provision of this Ordinance, or its

ORDINANCE NO. (2017)