Fresno Cannabis CEQA Suit - Administrative Record

TAB1
00001
E201410000084
NOTICE OF EXEMPTION
FROM:
PLEASE POST FOR A FULL
36 DAYS (UNTIL 5 P.M. 5/1212014)
City of Fresno Development and Resource Management Department

2600 Fresno Street Room 3076
Fresno, California 93721-3604
TO:-X_ Fresno County Clerk

2221 Kern Street
Fresno, California 93721
Office of Planning & Research
1400 Tenth Street, Room 121
Sacramento, California 95814
ByF~Wff.~
DEP~
Project Title: Environmental Assessment (EA) No. 14-012 for City of Fresno
Ordinance Bill No. 2011f:-20 Prohibiting Marijuana Cultivation

Project Location: Within the corporate limits of the City of Fresno
36 47' 10" N Latitude, 119 47' 20" W Longitude (centroid)
Project Location - city: City of Fresno
Project Location- county: County of Fresno
Description of Nature, Purpose and Beneficiaries of Project:

City of Fresno Ordinance No. 2014-20, amending the Fresno Municipal Code to Repeal Article 21 of
Chapter 12, and to add Article 21 of Chapter 12 to prohibit the cultivation of marijuana in all zone
districts within the city of Fresno.
On June 28, 2012, Fresno City Council adopted Bill Number B-12, Ordinance Number 2012-13, to
add Article 21 to Chapter 12 to the Fresno Municipal Code. Ordinance No. ZOl'L--13 prohibited the
outdoor cultivation of marijuana and did not prohibit on the indoor cultivation and/or within an outdoor
fully-enclosed and secured structure approved by special permit. However, in the past year,
317 marijuana growing complaints (some indoor operations) were investigated by the Fresno Police
Department's Narcotics Section, and documented conditions associated with marijuana cultivation in
Fresno have included high levels of heat within structures used for growing marijuana; impaired
indoor air quality and noxious odors; dangerous electrical system alterations, and excessive demand
on electrical and water utilities; illegal firearms on the premises; armed robberies of properties where
marijuana was being grown and also properties where it was mistakenly thought to be grown.
Since the outdoor cultivation of marijuana is currently prohibited, on March 27, 2014 the Fresno City
Council adopted Bill No. B-17, Ordinance No. 2014-20, to prohibit all cultivation of marijuana,
continuing the existing enforceability of the prohibition of outdoor cultivation, and instituting
enforcement action against indoor marijuana cultivation beginning 120 days from the effective date
of the Ordinance. This Ordinance has been adopted in order to protect the public health, safety, and
general welfare of persons who would otherwise be exposed to an elevated risk of harm due to
residing and doing business near marijuana cultivation, and in order to ensure compliance with
Federal law.
Name of Public Agency Approving Project: City of Fresno
(continued on next page)
00002
Notice of Exemption
Fresno City Ordinance No. 2014-20 prohibiting all cultivation of marijuana
Page 2
E201410000084
Name of Person or Agency Carrying Out Project: City of Fresno Police Department
(contact person: Lieutenant Michael Brogdon, telephone no. 559-621-5901)
Exempt Status: (check one)
Ministerial- PRC 21080(b)(1); CEQA Guidelines 15268
Declared Emergency- PRC 21080(b)(3); CEQA Guidelines 15269(a)
Emergency Project- PRC 21080(b}(4}; CEQA Guidelines 15269(b) and (c)
[:8:J Categorical Exemption-CEQA Section 15061(b)(3)
0 Statutory Exemption - PRC _ _ _ __
0
O
O
Reasons why project is exempt:
Under CEQA Guidelines Section 15061(b)(3), the City of Fresno (Lead Agency) has determined
that there is no possibility that this project may have a significant effect upon the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and this ordinance merely
prohibits additional future cultivation of marijuana indoors after the current crop year. This will not
result in substantial or potentially substantial adverse change in any of the physical conditions
effected by this prohibition, including land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic or aesthetic significance. Instead, the prohibition is anticipated to have positive
effects on the environment, including helping to reduce water consumption, prevent fire hazards,
and eliminate offensive odors. Regardless of ability to cultivate, state law provides an alternative for
collectives and caregiver to locally provide medical marijuana. Even assuming this might have
some effect on cost, economic change is not considered a significant effect on the environment.
Therefore, this project is not subject to CEQA
Lead Agency Contact Person: Mike Sanchez
Full telephone# 559- 621-8040
Email: mike.sanchez@fresno.gov
Planning Manager
Cit)( of Fresno Development & Resource Management Dep't.
Date: April 3, 2014
Signature:
Printed Name & Tit/ : Sophia Pagoula os,
ervising Planner, for

Mike Sanchez, Planning Manager
City of Fresno Development & Resource Management Department
[:8:J
Signed by Lead Agency
Signed by applicant
00003
STATE OF CALIFORNIA- THE RESOURCES AGENCY

DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEE CASH RECEIPT

Receipt# E201410000084
04 103/2014
Lea<l Agenei: CITY OF fR1lS~ 1 0
Date:
County Agency of Filing:
Document No: E2014 l 0000084
Project Title:
FRESNO COUNTY CLERK
ENVIRONMENTAL ASSESSMENT (EA) NO. 14-012 FOR CITY OF FRESNO ORDfNANCE
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone Number: (559) 621-8040

Project Applicant Name:_C_l_TY_O_F_F_RE_SN_o
Project Applicant Address: 2600 FRESNO STREET ROOM 3076, FRESNO, CA 93721
Project Applicant:
LOCAL PUBLIC AGENCY
ADMINISTRATION FEE
50.00
CATEGORICAL EXEMPTION
0.00
50.00
Total Received
Signature and title of person receiving payment:
00004
FRESNO COUNTY
CLERf( 'S CfF!CE
BRANDI L. ORTH
2221 KERN STREET
rrt!:~l'IO t:\JIJl'\TT t;~l\::l
FRESNO, CA 93721
2221 KrnH ST
FRESNO. CA. 93721-2613
559-488-3428
Finalization 20141.~:/'707
04/03/2014 11 :~..i::iar11
Merchant IO: 621010294

Term 10: 0002830000ti210402S4001
Sale
Cou.nt
Item Title
-----------------E!RA
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Administr~.ti'4e
Fee
Doo1ment ID
-----------------DOC# E201410000089
50 .!JO
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Recc.rde:d 11 :30
xxxxxxxxxxxx%83
VISA
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04103114
Inv H: 000009
APPrvd: Online
Entrv l\itliid: SiiPed
53.00
11:28:18
APPr Code: 0458Sfi
Cust-001~1 CoPY
THANK VOU!
---------------------50.00
Total
---------------------~
Cri::di t Card
50.00
# 045853
Amount Due
Thank Vou
Pl-ea=.e Retain Thi~. Pt!cei pt
For Vour Rei:ords.
00005
TAB2
00006
BILL NO. _B_-_1-"'2_ _ _ _ _ __

ORDINANCE NO.
2012-13
--------~
AN ORDINANCE OF THE COUNCIL OF THE CITY OF

FRESNO, CALIFORNIA, ADDING ARTICLE 21 TO
CHAPTER 12 OF THE FRESNO MUNICIPAL CODE
RELATING TO PROHIBITING OUTDOOR CULTIVATION OF
MARIJUANA IN THE CITY OF FRESNO
WHEREAS, in 1996 the voters of the State of California approved Proposition 215 which
was codified as Health and Safety Code Section 11362.5, et seq., and entitled "The
Compassionate Use Act of 1996" ("the Act"); and
WHEREAS, the intent of the Act was to enable persons who are in need of marijuana for
medical purposes to obtain and use it under limited, specific circumstances; and
WHEREAS, on January 1, 2004, Senate Bill 420 became effective to clarify the scope of
the Act and to allow cities and counties to adopt and enforce rules and regulations consistent
with SB 420 and the Act; and
WHEREAS, California Health and Safety Code Section 11362.83 expressly allows Cities
and Counties to adopt and enforce ordinances that are consistent with Senate Bill 420; and
WHEREAS, the City has no explicit rules or regulations governing the outdoor
cultivation of marijuana to prevent impacts on nearby residents and businesses; and
WHEREAS, the City of Fresno is the fifth largest City in California and has a substantial
percentage of non-owner occupied rental properties and vacant foreclosures.
The numerous
rental properties and foreclosures have attracted unauthorized marijuana cultivation activities
resulting in damage to these properties.
Pagel of6
Ordinance Re Prohibition on Outdoor Marijuana
Cultivation in the City of Fresno
00007
WHEREAS, federal law prohibits use of marijuana, regardless of the reason for such use;
while state law decriminalizes under state law the use of medical marijuana on limited terms and
conditions; and
WHEREAS, this Ordinance complies with the applicable state law, as well as imposes
reasonable rules and regulations protecting public health, safety, and the welfare of the residents
and businesses within the incorporated area of the City of Fresno; and
WHEREAS, The City of Fresno Police Department, City residents and other public
entities have reported adverse impacts from the outdoor cultivation of marijuana within the City,
including offensive odors, increased risk of trespassing and burglary, and acts of violence in
connection with the commission of such crimes or the occupants' attempts to prevent such
crimes; and
WHEREAS, the strong odor of marijuana plants, which increases as the plants mature, is
offensive to many individuals and creates an attractive nuisance, alerting people to the location
of valuable marijuana plants and creating an increased risk of crime; and
WHEREAS; children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for children, creating an
unreasonable hazard in areas frequented by children such as schools, parks, and similar
locations; and
WHEREAS, to protect the public health, safety, and welfare, it is the desire of the City to
modify the City of Fresno Municipal Code by prohibiting the outdoor cultivation of marijuana
within the City; and
WHEREAS, it is the Council's intention that nothing in this Chapter shall be deemed to
conflict with federal law as contained in the Controlled Substances Act, 21 U.S.C. Section 841,
Page 2 of6
00008
permitting, or otherwise allowing, any activity which is lawfully and constitutionally

prohibited under the Act.
WHEREAS, mindful of the fact that marijuana possession and use is prohibited under
federal law and partially decriminalized under state law, it is the Council's intention that nothing
in this Chapter shall be construed, in any way, to expand the rights of anyone to use or possess
marijuana under state law; engage in any public nuisance; violate federal law, or engage in any
activity in relation to the cultivation, distribution, or consumption of marijuana that is otherwise
illegal.
THEREFORE, THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article 21 is added to Chapter 12 of the Fresno Municipal Code to read as
follows:
ARTICLE21
OUTDOOR CULTIVATION OF MARIJUANA
Section
12-2101.
12-2102.
12-2103.
12-2104.
Purpose.
Definitions.
Outdoor Cultivation of Marijuana Prohibited
Penalty and Abatement.
SECTION 12-2101. PURPOSE. The purpose of this section is to prohibit the

outdoor cultivation of marijuana in order to protect the public health, safety and welfare.
Without this prohibition, plantings of new crops of marijuana will occur without the
City's ability to control the negative effects to the health, safety and welfare of the
citizens of the City of Fresno. Those negative effects include, but are not limited to,
offensive odors, alerting people to the location of valuable marijuana plants and creating
Page 3 of6
00009
an increased risk of crime such as trespassing and burglary, and acts of violence in
connection with the commission of such crimes or the occupants' attempts to prevent
such crimes.
The Council further finds and declares that this Ordinance is found to be
categorically exempt from
environmental review pursuant to
the California
Environmental Quality Act (CEQA), Guidelines Section 1506l(b)(3).

SECTION 12-2102. DEFINITIONS.
As used in this Article, the following
words and phrases shall have the meaning given them in this Section, unless the context
clearly requires otherwise:
(a)
"City" shall mean the City of Fresno, California.
(b)
"Cultivation" shall mean the planting, growing, harvesting, drying
or processing of marijuana plants, or any parts thereof.

(c)
"Fully enclosed and secure structure" shall mean a space within a
building, greenhouse or other structure which has a complete roof enclosure

supported by connecting walls extending from the ground to the roof, which is
secure against unauthorized entry, and which is accessible only through one or
more lockable doors.
(d)
"Outdoor" shall mean any location that is not totally contained
within a "fully enclosed and secure building" that has been approved by special
permit, pursuant to section 12-405 of the Fresno Municipal Code, and has been
issued by the Development and Resource Management Department. All proposed
buildings and structures constructed on the property must comply with the
prevailing California Building Code Standards.
Page 4 of6
00010
(e)
"Person" shall mean any individual, group of two or more
individuals, collective as defined in the Compassionate Use Act, corporation,

partnership or any other legal entity.
SECTION 12-2103.
OUTDOOR
CULTIVATION
OF
MARIJUANA
PROHIBITED. No person owning, renting, leasing, occupying, or having charge or

possession of any real property within the City limits shall cause or allow such real
property to be used for the outdoor cultivation of marijuana.
SECTION 12-2104. PENALTY AND ABATEMENT.
(a)
A violation of this chapter shall be prosecuted by the City Attorney
through the civil enforcement process, including injunctive relief. Each day a
person is in violation of this Article shall be considered a separate violation.
(b)
Any property upon which a violation of this Article is found shall
be subject to immediate abatement by the City.

(c)
In addition to any administrative penalty assessed for a violation of
this Article, any person found in violation of this article will be charged
abatement, actual, administrative and enforcement costs as defined in Section
1-503, calculated to recover the total costs incurred by the City in enforcing this
Article.
SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause or phrase or word
of this Ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The Council hereby declares that is would have passed and adopted
Page 5 of6
Cultivation in the City ofFresno
00011
said provisions be declared unconstitutional, unlawful or otherwise invalid.

SECTION 3. EFFECTIVENESS. This ordinance shall become effective and in full force and
effect at 12:01 a.m. on the thirty-first day after its final passage.
**************
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
)
) SS.
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on
day of June
2012.
the 28th
AYES
:Baines, Borgeas, Brand, Quintero, Westerlund, Xiong, Olivier
NOES
:None
ABSENT :None
ABSTAIN: None
Mayor Approval: ----------~J~u=l,_,3~----' 2012
Mayor Approval/No Return: ------~N~A~-----' 2012
Mayor Veto:
-----------~N~A_ _ _ _ _,
2012
Council Override Vote: _ _ _ _ _ _ _ _N~/A~-----' 2012
YVONNE SPENCE, CMC

City Clerk
APPROVED AS TO FORM:
CIT~ ~.~T.~J..~'S~~~!CE
Vt'. \L J 0. i~L_/- - 11~ I''BY: 1 <:V :;;r
Michael D. Flores, Deputy
MDF:ns [57176ns/ORD]-5/I0/12
Page6of6
00012
June 29, 2012
r:..-.-::i
! -, . - ,_ -' .
TO:
MAYOR ASHLEY SWEARENGIN
FROM:
YVONNESPENCE,c~q
2Jy
~ 1
City Clerk
SUBJECT:
i.:1 9: 06
c ,.,,. fT~~"'" r:
2f !'1 ..Y.n
-~~
"---
Council Adoption: 6/28/2012

Mayor Approval:
Mayor Veto:
Override Request:
.u ,,
TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 6/28/12, Council adopted the attached Ordinance No. 2012-13
entitled Adding Article 21 to Chapter 12 of the Fresno Municipal Code relating to
prohibiting outdoor cultivation of medical marijuana in the City of Fresno Item No. 9:30
AM D-2, by the following vote:
Ayes
Noes
Absent
Abstain
Baines, Borgeas, Brand, Quintero, Westerlund, Xiong, Olivier

None
None
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before July 9, 2012. In computing the ten day period required b~ Charter, the first day has
been excluded and the tenth day has been included unless the 101 day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
APPROVED/NO RETURN:
-~-
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
r'}
/:J,
z._
COUNCIL OVERRIDE ACTION:

Ayes
Noes
Absent
Abstain
00013
TAB3
00014
BILL NO. B-17

ORDINANCE NO. 2014-20
FRESNO, CALIFORNIA, REPEALING ARTICLE 21 OF
CHAPTER 12 OF, AND ADDING ARTICLE 21 OF
CHAPTER 12 TO, THE FRESNO MUNICIPAL CODE
RELATING TO MARIJUANA CULTIVATION
WHEREAS, the Council hereby finds that the cultivation of marijuana significantly
impacts, or has the potential to significantly impact, the city's jurisdiction.
These
impacts include damage to buildings in which cultivation occurs, including improper and
dangerous electrical alterations and use, inadequate ventilation, increased occurrences
of home-invasion robberies and similar crimes and nuisance impacts to neighboring
properties from the strong and potentially noxious odors from the plants, and increased
crime; and
WHEREAS, according to
t~
Chief of Police, marijuana grows have been
operating in the city for several years with minimal local regulation and have been the
subject of armed robberies with shots fired, incidents with juveniles and young adults,
and arrests for violation of both state and federal laws, including seizure of illegal
firearms. Marijuana grows attract crime and associated violence. They are harmful to
the welfare of the surrounding community and its residents and constitute a public
nuisance; and
WHEREAS, marijuana cultivation in the city poses a threat to the public peace,
health and safety. Many marijuana grows have emerged in the city which are very
visible to the public, and easily accessible to the public, including children and youths.
Date Adopted: 03/27/2014

Date Approved:04/08/20!4
Effective Date: 05/09/2014
Page I of8
Ordinance No. 2014-20

00015
-,
\.,,,," "' ,,' here is a threat of violent crime due to the size, location, and monetary value of these
mature marijuana grows; and
WHEREAS, it is acknowledged that the
voters of the State of California have
provided a limited criminal defense to the cultivation, possession and use of marijuana
for medical purposes through the adoption of the Compassionate Use Act in 1996
pursuant to Proposition 215 and codified as Health and Safety Code section 11362.5.
The Compassionate Use Act (CUA) does not address the land use or other impacts that
are caused by the cultivation of marijuana; and
WHEREAS, the CUA is limited in scope, in that it only provides a defense from
criminal prosecution for possession and cultivation of marijuana to qualified patients and
their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA)
commencing with Health and Safety Code section 11362.7, is also limited in that it
establishes a statewide identification program and affords qualified patients, persons
with identification cards and their primary caregivers, an affirmative defense to certain
enumerated criminal sanctions that would otherwise apply to transporting, processing,
administering or distributing marijuana; and
WHEREAS, neither the CUA, MMPA, nor the California Constitution create a
right to cultivate medical marijuana; and
WHEREAS, it is critical to note that neither Act abrogates the city's powers to
regulate for public health, safety and welfare. Health and Safety Code 11362.5(b)(2)
provides that the CUA does not supersede any legislation intended to prohibit conduct
that endangers others. In addition, Health and Safety Code 11352.83 authorizes cities
and counties to adopt and enforce rules and regulations consistent with the MMPA; and
Page 2 of 8
00016
WHEREAS, the Council finds that neither the CUA nor the MMPA preempts the
city's exercise of its traditional police powers in enacting land use and zoning
regulations, as well as legislation for preservation of public health, safety and welfare,
such as this zoning ordinance prohibiting cultivation of marijuana within the city; and
WHEREAS, marijuana remains an illegal substance under the Federal Controlled
Substances Act, 21 U.S.C. 801, et seq., and is classified as a "Schedule I Drug" which
is defined as a drug or other substance that has a high potential for abuse, that has no
currently accepted medical use in treatment in the United States, and that has not been
accepted as safe for its use under medical supervision.
Furthermore, the Federal
Controlled Substances Act makes it unlawful for any person to cultivate, manufacture,
distribute, dispense, or possess with intent to manufacture, distribute or dispense
marijuana.
The Controlled Substances Act contains no statutory exemption for the
possession of marijuana for medical purposes. The city does not wish to be in violation
of federal law; and
WHEREAS, the city has a compelling interest in protecting the public health,
safety and welfare of its residents and businesses, and in preserving the peace and
quiet of the neighborhoods in which marijuana is currently grown; and
WHEREAS, staff has performed a preliminary environmental assessment of this
project and, pursuant to CEQA Guidelines, Section 15061(b)(3), has determined that
there is no possibility that this project may have a significant effect on the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and this
ordinance merely prohibits additional future cultivation of marijuana indoors after the
current crop year. This will not result in a substantial, or potentially substantial, adverse
Page 3 of 8
00017
(!;'Cf
F~,-,,1-
~:y
change in any of the physical conditions affected by this prohibition, including land, air,
water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance.
Instead, the prohibition is anticipated to have positive effects on the
environment, including helping to reduce water consumption and to eliminate offensive

odors. Therefore, this project is not subject to CEQA.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 21 of Chapter 12 of the Fresno Municipal Code is repealed.
SECTION 2. Article 21 is added to Chapter 12 of the Fresno Municipal Code to read:
ARTICLE 21
CULTIVATION OF MARIJUANA
Section 12-2101.
12-2102.
12-2103.
12-2104.
12-2105.
12-2106.
12-2107.
Purpose and Intent.

Relationship to Other Laws.
Definitions.
Prohibition of Marijuana Cultivation.
Violation and Penalty.
Severability.
Applicability.
SECTION 12-2101. PURPOSE AND INTENT. The purpose of this article

is to prohibit the cultivation of marijuana in order to protect the public peace,
health, safety and general welfare of the citizens of the city.
SECTION 12-2102. RELATIONSHIP TO OTHER LAWS. This article is
not intended to, nor shall it be construed or given effect in a manner that causes
it to apply to, any activity that is regulated by federal or state law to the extent
that application of this article would conflict with such law or would unduly
interfere with the achievement of federal or state regulatory purposes.
This
article shall be interpreted to be compatible and consistent with federal, county,

Page 4 of 8
00018
and state enactments and in furtherance of the public purposes which those
enactments express.
It is the intention that the provisions of this article will
supersede any other provisions of this code found to be in conflict.

SECTION 12-2103. DEFINITIONS. For purposes of this article, unless
the particular provision or the context otherwise clearly requires, the definitions in
this section shall govern the construction, meaning and application of words and
phrases used in this article:
(a)
"Cultivation" means the planting,
growing, harvesting,
drying, processing, or storage of one or more marijuana plants or any part

thereof in any location.
(b)
"Marijuana" means all parts of the plant Cannabis sativa L.,
whether growing or not, and includes medical marijuana.

(c)
"Medical marijuana" means marijuana used for medical
purposes in accordance with California Health and Safety Code section

11362.5.
(d)
"Collective, cooperative or dispensary" means a collective,
cooperative, dispensary, operator, establishment, provider, association or

similar entity that cultivates, distributes, delivers or processes marijuana
for medical purposes relating to a qualified patient or primary caregiver,
pursuant to the Compassionate Use Act and Medical Marijuana Program
Act.
(e)
"Primary caregiver" means a primary caregiver as defined in
Health and Safety Code section 11362. 7.

Page 5 of 8
00019
(f)
"Qualified patient" means a qualified patient as defined in

SECTION 12-2104.
PROHIBITION OF MARIJUANA CULTIVATION.
Marijuana cultivation by any person, including primary caregivers and qualified

patients, collectives, cooperatives or dispensaries, is prohibited in all zone
districts within the city.
SECTION 12-2105. VIOLATION AND PENALTY.
(a)
A violation of this article shall be prosecuted by the City
Attorney through the civil enforcement process, including injunctive relief,

as set forth in Section 1-308 of this code.
Each day a person is in
violation of this article shall be considered a separate violation.

(b)
The administrative citation penalty for each and every
marijuana plant cultivated in violation of this article shall be One Thousand

Dollars ($1,000) per plant, plus One Hundred Dollars ($100) per plant per
day the plant remains unabated past the abatement deadline set forth in
the administrative citation.
(c)
Any property upon which a violation of this article is found
shall be subject to immediate abatement by the city.

(d)
In addition to any administrative penalty assessed for
violation of this article, any person found in violation of this article will be
charged abatement, actual, administrative and enforcement costs as
defined in Section 1-503, calculated to recover the total costs incurred by
the city in enforcing this article.
Page 6 of 8
00020
SECTION 12-2106. SEVERABILITY. If any section, sentence, clause or

phrase of this article is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this article. The Council hereby declares that
it would have passed this ordinance and adopted this article and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 12-2107. APPLICABILITY. All of the provisions of this article
shall be immediately enforceable as to the outdoor cultivation of marijuana. Any
person legally cultivating marijuana indoors prior to the effective date of this
article shall have one hundred twenty (120) days from the effective date of this
article to harvest their crop of marijuana. After the one hundred twenty day (120)
grace period, all the provisions of this article shall be immediately enforceable.
II I
I II
II I
JI I
Page 7 of8
00021
SECTION 3. This Ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
)
) ss.
)
Ordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the 2th day of March, 2014.
AYES
NOES
ABSENT
ABSTAIN
: Baines, Brand, Caprioglio, Quintero, Xiong, Brandau

: Olivier
: None
: None
Mayor Approval:
Mayor Approval/No Return:
Mayor Veto:
Council Override Vote:
N/A
, 2014
April 8 , 2014
N/A , 2014
N/A , 2014
YVONNE SPENCE, CMC

City Clerk
CITY ATIORNEY'S OFFICE
BY~
DePUtY
KBD:elb [63853elb/kbd] Ord. 1130114
Page 8 of 8
00022
March 27, 2014
TO:
MAYOR ASHLEY SWEARENGIN
FROM:
YVONNESPENCE,CMC~
City Clerk
SUBJECT:
Council Adoption: 3/27/2014

Mayor Approval:
Mayor Veto:
Override Request:
TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO
At the Council meeting of 3/27114, Council adopted the attached Ordinance No. 2014-20
entitled Repealing Article 21 of Chapter 12 prohibiting cultivation of marijuana in all
zone districts within the City, Item No. 1E2, by the following vote:
Ayes
Noes
Absent
Abstain
Baines, Brand, Brandau, Caprioglio, Quintero, Xiong

Olivier
None
None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before April 7, 2014. In computing the ten day period required by Charter, the first day has
been excluded and the tenth day has been included unless the 1om day is a Saturday,
Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with
the Clerk's office within the required time limit shall constitute approval of the ordinance,
resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
************************************************************
APPROVE~ 7'(*41
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Ashley Swearengin, Mayor
COUNCIL OVERRIDE ACTION:

Ayes
Noes
Absent
Abstain
Date:--------
00023
TAB4
00024
AGENDA ITEM NO.
3 :ooprr)
COUNCIL MEETING
03/20/2014
APPROVED BY
DATE:
March 20, 2014
FROM:
JERRY P. DYER, Chief of Police

Police Department
BY:
MICHAEL W. BROGDON, Lieutenant

Police Department - Investigative Services Division
SUBJECT: Amend the Fresno City Municipal Code to Repeal Article 21 of Chapter 12, and add
Article 21 of Chapter 12, prohibiting the cultivation of Marijuana in All Zone Districts
within the city of Fresno
RECOMMENDATIONS
Staff recommends that the City Council approve the amendment to the current Municipal Code by
repealing Article 21 of Chapter 12, and adding Article 21 of Chapter 12, prohibiting the cultivation of
marijuana in all zone districts within the city of Fresno.
EXECUTIVE SUMMARY
On June 28, 2012, Council adopted Bill Number B-12, Ordinance Number 2012-13, which added
Article 21 to Chapter 12 to the Fresno Municipal Code. Section 12-2103 prohibited the outdoor
cultivation of marijuana and did not place a prohibition on the indoor cultivation and/or within an
outdoor fully-enclosed and secured structure, approved by special permit. However, this past year,
317 marijuana grow complaints (some indoor operations) were investigated by the Police
Department's Narcotics Section, with approximately 5,031 pounds of marijuana being seized. Since
the outdoor cultivation of marijuana is currently prohibited, adopting this ordinance would prohibit all
indoor and outdoor cultivation of marijuana, and thus, minimize the crime and violence which is
exposing the surrounding residents to a higher risk of harm.
BACKGROUND
On June 28, 2012, the Council adopted Bill Number B-12, Ordinance Number 2012-13, which added
Article 21 to Chapter 12 of the Fresno Municipal Code. Section 12-2103 prohibited the outdoor
cultivation of marijuana and did not place a prohibition on indoor cultivations and/or within an outdoor
fully-enclosed and secured structure, approved by special permit
This past year, 317 marijuana grow complaints were investigated by the Fresno Police Department's
Narcotics Section with approximately 5,031 pounds of marijuana being seized.
00025
Report to Council
Amend FMC Article 21 of Chapter 12
March 20, 2014
Page 2
A number of marijuana cultivations investigated were indoor operations. Severe damage to these
residences was found; especially in the large indoor grows. Carpets removed to the bare floor,
windows boarded up, and walls removed or modified. Large grow lamps suspended from the walls
and ceilings creating high levels of heat with dangerous electrical alterations, both inside the
residence and at the service meter were found. Fans and ventilation ducts were made through the
walls and to the roofs to vent humidity and heat. Noxious odors were common both inside and
outside the residences.
Marijuana grows attract crime and associated violence. In 2013, we had four (4) armed home
invasion robberies related to the cultivation of marijuana. The cultivation of marijuana and/or
proceeds of marijuana sales were the primary motive for these robberies. Countless other grows
have gone unreported but were later discovered as the result of undercover operations. These indoor
grows expose the surrounding residents to a higher risk of harm, especially in cases when an
innocent home owner is accidentally targeted.
The State of California provides a limited criminal defense to the cultivation. possession, and use of
marijuana for medical purposes. This was created through the adoption of the Compassionate Use
Act (CUA). However, the CUA does not address the land use or other impacts that are caused by the
cultivation of marijuana.
The Medical Marijuana Program Act (MMPA) establishes a statewide identification program that
provides a limited criminal defense to the transportation, processing, administering, and distributing of
marijuana to qualified patients, their primary caregivers, and persons with identification cards.
However, this act does not create the right to cultivate marijuana.
The Federal Controlled Substance Act (FCSA) makes it unlawful for any person to cultivate,
manufacture, distribute, dispense, or possess with intent to manufacture, distribute or dispense
marijuana. The FCSA contains no statutory exemption for the possession of marijuana for medical
purposes.
The City has a compelling interest in protecting the public health, safety, and welfare of its residents
and businesses and in preserving the peace and quiet of the neighborhoods in which marijuana is
currently grown. The outdoor cultivation of marijuana is currently prohibited. Adopting this ordinance
would prohibit all indoor and outdoor cultivation of marijuana.
A violation of the new ordinance shall be prosecuted by the Fresno City Attorney through the civil
enforcement process. The administrative citation penalty for each and every marijuana plant
cultivated in violation of this article shall be one thousand dollars ($1,000.00) per plant, plus one
hundred dollars ($100.00) per plant, per day the plant remains unabated past the abatement deadline
set forth in the administrative citation. Any property upon which a violation of this article is found shall
00026
Report to Council
March 20, 2014
Page3
In addition to any administrative penalty assessed for violation of this article, any person found in
violation of this article will be charged abatement, actual, administrative and enforcement costs as
defined in Section 1-503, calculated to recover the total costs incurred by the City in enforcing this
article.
Upon final passage, this ordinance shall be immediately enforceable as to the indoor and outdoor
cultivation of marijuana. Any person legally cultivating marijuana indoors prior to the effective date of
Article 21 of Chapter 12 of the municipal code, shall have one hundred and twenty (120) days from
the effective date of this article to harvest their crop of marijuana. After the one hundred and twenty
day grace period, all of the provisions of Article 21 of Chapter 12 shall be immediately enforceable.
ENVIRONMENTAL FINDINGS
Staff has performed a preliminary environmental assessment of this project and, pursuant to CEQA
Guidelines, Section 15061(b)(3), has determined that there is no possibility that this project may have
a significant effect upon the environment because the outdoor cultivation of marijuana is currently a
prohibited use, and this ordinance merely prohibits additional future cultivation of marijuana indoors
after the current crop year. This will not result in a substantial or potentially substantial adverse
change in any of the physical conditions effected by this prohibition, including land, air, water,
minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. Instead, the
prohibition is anticipated to have positive effects on the environment, including helping to reduce
water consumption and eliminate offensive odors. Therefore, this project is not subject to CEQA.
FISCAL IMPACT
The fiscal impact will include the use of existing staff to enforce the ordinance, which would include
staff from the Police Department, Code Enforcement, and the City Attorney's Office. The ordinance
does include specific fine amounts for initial violations and unabated plants past the abatement
deadline. No revenue estimates are projected should those penalties be assessed and collected.
JPD:MFB
03/20/14
Attachment: Marijuana Cultivation Ordinance
00027
This page intentionally left blank.
00028
BILL NO. _ _ __
ORDINANCE NO.
FRESNO, CALIFORNIA, REPEALING ARTtCLE 21 OF
CHAPTER 12 OF, AND ADDING ARTICLE 21 OF
CHAPTER 12 TO, THE FRESNO MUNICIPAL CODE
RELATING TO MARIJUANA CULTIVATION
WHEREAS, the Council hereby finds that the cultivation of marijuana significantly
impacts, or has the potential to significantly impact, the city's jurisdiction.
These
impacts include damage to buildings in which cultivation occurs, including improper and
dangerous electrical alterations and use, inadequate ventilation, increased occurrences
of home-invasion robberies and similar crimes and nuisance impacts to neighboring
properties from the strong and potentially noxious odors from the plants, and increased
crime; and
WHEREAS, according to the Chief of Police, marijuana grows have been
operating in the city for several years with minimal local regulation and have been the
subject of armed robberies with shots fired, incidents with juveniles and young adults,
and arrests for violation of both state and federal laws, including seizure of illegal
firearms. Marijuana grows attract crime and associated violence. They are harmful to
the welfare of the surrounding community and its residents and constitute a public
nuisance; and
WHEREAS, marijuana cultivation in the city poses a threat to the public peace,
health and safety.
Many marijuana grows have emerged in the city which are very
visible to the public, and easily accessible to the public, including children and youths.
Date Adopted:
.
~
Date Approved
Effective Date:
,
City Attorney Approval:
Page 1 of8
Ordinance No.
00029
There is a threat of violent crime due to the size, location. and monetary value of these
mature marijuana grows; and
WHEREAS, it is acknowledged that the voters of the State of California have
provided a limited criminal defense to the cultivation, possession and use of marijuana
for medical purposes through the adoption of the Compassionate Use Act in 1996
pursuant to Proposition 215 and codified as Health and Safety Code section 11362.5.
The Compassionate Use Act (CUA) does not address the land use or other impacts that
are caused by the cultivation of marijuana; and
WHEREAS, the CUA is limited in scope, in that it only provides a defense from
criminal prosecution for possession and cultivation of marijuana to qualified patients and
their primary caregivers. The scope of the Medical Marijuana Program Act (MMPA)
commencing with Health and Safety Code section 11362.7, is also limited in that it
establishes a statewide identification program and affords qualified patients, persons
with identification cards and their primary caregivers. an affirmative defense to certain
enumerated criminal sanctions that would otherwise apply to transporting, processing,
administering or distributing marijuana; and
WHEREAS, neither the CUA, MMPA, nor the California Constitution create a
right to cultivate medical marijuana; and
WHEREAS, it is critical to note that neither Act abrogates the city's powers to
regulate for public health, safety and welfare. Health and Safety Code 11362.5(b)(2)
provides that the CUA does not supersede any legislation intended to prohibit conduct
that endangers others. In addition, Health and Safety Code 11352.83 authorizes cities
and counties to adopt and enforce rules and regulations consistent with the MMPA; and
Page 2 of 8
Ordinance No.
00030
WHEREAS, the Council finds that neither the CUA nor the MMPA preempts the
city's exercise of its traditional police powers in enacting land use and zoning
regulations, as well as legislation for preservation of public health, safety and welfare,
such as this zoning ordinance prohibiting cultivation of marijuana within the city; and
WHEREAS, marijuana remains an illegal substance under the Federal Controlled
Substances Act, 21 U.S.C. 801, et seq., and is classified as a "Schedule I Drug" which
is defined as a drug or other substance that has a high potential for abuse, that has no
current!y accepted medical use in treatment in the United States, and that has not been
accepted as safe for its use under medical supervision.
Furthermore, the Federal
Controlled Substances Act makes it unlawful for any person to cultivate, manufacture,
distribute, dispense, or possess with intent to manufacture, distribute or dispense
marijuana.
The Controlled Substances Act contains no statutory exemption for the
possession of marijuana for medical purposes. The city does not wish to be in violation
of federal law; and
WHEREAS, the city has a compelling interest in protecting the public health,
safety and welfare of its residents and businesses, and in preserving the peace and
quiet of the neighborhoods in which marijuana is currently grown; and
WHEREAS, staff has performed a preliminary environmental assessment of this
project and, pursuant to CEQA Guidelines, Section 15061 (b)(3), has determined that
there is no possibility that this project may have a significant effect on the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and this
ordinance merely prohibits additional future cultivation of marijuana indoors after the
current crop year. This will not result in a substantial, or potentially substantial, adverse
Page 3 of 8
Ordinance No.
00031
change in any of the physical conditions affected by this prohibition, including land, air,
water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance.
Instead, the prohibition is anticipated to have positive effects on the
environment, including helping to reduce water consumption and to eliminate offensive

odors. Therefore, this project is not subject to CEQA
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 21 of Chapter 12 of the Fresno Municipal Code is repealed.
SECTION 2. Article 21 is added to Chapter 12 of the Fresno Municipal Code to read:
ARTICLE 21
CULTIVATION OF MARIJUANA
Section 12-2101.
12-2102.
12-2103.
12-2104.
12-2105.
12-2106.
12-2107.
Purpose and Intent.

Relationship to Other Laws.
Definitions.
Prohibition of Marijuana Cultivation.
Violation and Penalty.
Severability.
Applicability.
SECTION 12-2101. PURPOSE AND INTENT. The purpose of this article

is to prohibit the cultivation of marijuana in order to protect the public peace,
health, safety and general welfare of the citizens of the city.
SECTION 12-2102. RELATIONSHIP TO OTHER LAWS. This article is
not intended to, nor shall it be construed or given effect in a manner that causes
it to apply to, any activity that is regulated by federal or state law to the extent
that application of this article would conflict with such law or would unduly
interfere with the achievement of federal or state regulatory purposes.
This
article shall be interpreted to be compatible and consistent with federal, county,
Page4 of 8
Ordinance No.
00032
and state enactments and in furtherance of the public purposes which those
enactments express.
It is the intention that the provisions of this article wi!I
supersede any other provisions of this code found to be in conflict.

SECTION 122103. DEFINITIONS. For purposes of this article, unless
the particular provision or the context otherwise clearly requires, the definitions in
this section shall govern the construction, meaning and application of words and
phrases used in this article:
(a)
"Cultivation" means the planting,
growing,
harvesting,
drying, processing, or storage of one or more marijuana plants or any part

thereof in any location.
(b)
"Marijuana" means all parts of the plant Cannabis sativa L.,
whether growing or not, and includes medical marijuana.

(c)
"Medical marijuana" means marijuana used for medical
purposes in accordance with California Health and Safety Code section

11362.5.
(d)
"Collective, cooperative or dispensary" means a collective,
cooperative, dispensary, operator, establishment, provider, association or

similar entity that cultivates, distributes, delivers or processes marijuana
for medical purposes relating to a qualified patient or primary caregiver,
pursuant to the Compassionate Use Act and Medical Marijuana Program
Act.
(e)
"Primary caregiver" means a primary caregiver as defined in
Page 5 of8
Ordinance No.
00033
(f)
"Qualified patient" means a qualified patient as defined in
Health and Safety Code section 11362.7.

SECTION 12-2104.
PROHIBITION OF MARIJUANA CULTIVATION.
Marijuana cultivation by any person, including primary caregivers and qualified

patients, collectives, cooperatives or dispensaries, is prohibited in all zone
districts within the city.
SECTION 12-2105. VIOLATION AND PENALTY.
(a)
A violation of this article shall be prosecuted by the City
Attorney through the civil enforcement process, including injunctive relief,

as set forth in Section 1-308 of this code.
Each day a person is in
violation of this article shall be considered a separate violation.

(b)
The administrative citation penalty for each and every
marijuana plant cultivated in violation of this article shall be One Thousand

Dollars ($1,000) per plant, plus One Hundred Dollars ($100) per plant per
day the plant remains unabated past the abatement deadline set forth in
the administrative citation.
(c)
Any property upon which a violation of this article is found
shall be subject to immediate abatement by the city.

(d)
In addition to any administrative penalty assessed for
violation of this article, any person found in violation of this article will be
charged abatement, actual, administrative and enforcement costs as
defined in Section 1-503, calculated to recover the total costs incurred by
the city in enforcing this article.
Page6 of8
Ordinance No.
00034
SECTION 12-2106. SEVERABILITY. If any section, sentence, clause or

phrase of this article is for any reason held to be invalid or unconstitutional by a
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portion of this article. The Council hereby declares that
it would have passed this ordinance and adopted this article and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
SECTION 12-2107. APPLICABILITY. All of the provisions of this article
shall be immediately enforceable as to the outdoor cultivation of marijuana. Any
person legally cultivating marijuana indoors prior to the effective date of this
article shall have one hundred twenty (120) days from the effective date of this
article to harvest their crop of marijuana. After the one hundred twenty day (120)
grace period, all the provisions of this article shall be immediately enforceable.
111
I JI
II I
II I
Page 7 of8
Ordinance No.
00035
SECTION 3. This Ordinance shall become effective and in full force and effect at 12:01
a.m. on the thirty-first day after its final passage.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA
COUNTY OF FRESNO
CITY OF FRESNO
)
) ss.
)
Ordinance was adopted by the Council of the City of Fresno, at a regular meeting held
on the
day of
, 2014.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: - - - - - - - - - - - - ' 2014
Mayor Approval/No Return:
, 2014
Mayor Veto:
, 2014
Council Override Vote:
, 2014
YVONNE SPENCE, CMC

City Clerk
Deputy
CITY ATTORNEY'S OFFICE
Katherine B. Doerr
Supervising Deputy
Date
KBD:elb [63853elblkbd] Ord. 1/30/14
Page 8 of8
Ordinance No.
00036
TABS
00037
/E
COUNCIL MEETING
3}2..i/1'1
APPROVED BY
DATE:
March 20, 2014
FROM:
JERRY P. DYER, Chief of Police

Police Department
BY:
MICHAEL W. BROGDON, Lieutenant

Police Department - Investigative Services Division
SUBJECT: Amend the Fresno City Municipal Code to Repeal Article 21 of Chapter 12, and add
Article 21 of Chapter 12, prohibiting the cultivation of Marijuana in All Zone Districts
within the city of Fresno
RECOMMENDATIONS
Staff recommends that the City Council approve the amendment to the current Municipal Code by
repealing Article 21 of Chapter 12, and adding Article 21 of Chapter 12, prohibiting the cultivation of
marijuana in all zone districts within the city of Fresno.
EXECUTIVE SUMMARY
On June 28, 2012, Council adopted Bill Number B-12, Ordinance Number 2012-13, which added
Article 21 to Chapter 12 to the Fresno Municipal Code. Section 12-2103 prohibited the outdoor
cultivation of marijuana and did not place a prohibition on the indoor cultivation and/or within an
outdoor fully-enclosed and secured structure, approved by special permit. However, this past year,
317 marijuana grow complaints (some indoor operations) were investigated by the Police
Department's Narcotics Section, with approximately 5,031 pounds of marijuana being seized. Since
the outdoor cultivation of marijuana is currently prohibited, adopting this ordinance would prohibit all
indoor and outdoor cultivation of marijuana, and thus, minimize the crime and violence which is
exposing the surrounding residents to a higher risk of harm.
BACKGROUND
On June 28, 2012, the Council adopted Bill Number B-12, Ordinance Number 2012-13, which added
Article 21 to Chapter 12 of the Fresno Municipal Code. Section 12-2103 prohibited the outdoor
cultivation of marijuana and did not place a prohibition on indoor cultivations and/or within an outdoor
fully-enclosed and secured structure, approved by special permit.
This past year, 317 marijuana grow complaints were investigated by the Fresno Police Department's
Narcotics Section with approximately 5,031 pounds of marijuana being seized.
Presented to Clty CQuncil
p ... ,~R~ 1 "d
Dat.e . .
>
01!\ro~:IJ?D ~
l!J ~ I 1 ,"-WMIU..
1A.f0
~\C, OV"-'t.
':~
t'J C'P; Cri1.mci!
.
"ii
. uV? J)
?.)i.711'1
~!'lo 1 '1
.:<o
00038
Report to Council
March 20, 2014
Page2
A number of marijuana cultivations investigated were indoor operations. Severe damage to these
residences was found; especially in the large indoor grows. Carpets removed to the bare floor,
windows boarded up, and walls removed or modified. Large grow lamps suspended from the walls
and ceilings creating high levels of heat with dangerous electrical alterations, both inside the
residence and at the service meter were found. Fans and ventilation ducts were made through the
walls and to the roofs to vent humidity and heat Noxious odors were common both inside and
outside the residences.
Marijuana grows attract crime and associated violence. In 2013, we had four (4) armed home
invasion robberies related to the cultivation of marijuana. The cultivation of marijuana and/or
proceeds of marijuana sales were the primary motive for these robberies. Countless other grows
have gone unreported but were later discovered as the result of undercover operations. These indoor
grows expose the surrounding residents to a higher risk of harm, especially in cases when an
innocent home owner is accidentally targeted.
The State of California provides a limited criminal defense to the cultivation, possession, and use of
marijuana for medical purposes. This was created through the adoption of the Compassionate Use
Act (CUA). However, the CUA does not address the land use or other impacts that are caused by the
cultivation of marijuana.
The Medical Marijuana Program Act (MMPA) establishes a statewide identification program that
provides a limited criminal defense to the transportation, processing, administering, and distributing of
marijuana to qualified patients, their primary caregivers, and persons with identification cards.
However, this act does not create the right to cultivate marijuana.
The Federal Controlled Substance Act (FCSA) makes it unlawful for any person to cultivate,
manufacture, distribute, dispense, or possess with intent to manufacture, distribute or dispense
marijuana. The FCSA contains no statutory exemption for the possession of marijuana for medical
purposes.
The City has a compelling interest in protecting the public health, safety, and welfare of its residents
and businesses and in preserving the peace and quiet of the neighborhoods in which marijuana is
currently grown. The outdoor cultivation of marijuana is currently prohibited. Adopting this ordinance
would prohibit all indoor and outdoor cultivation of marijuana.
A violation of the new ordinance shall be prosecuted by the Fresno City Attorney through the civil
enforcement process. The administrative citation penalty for each and every marijuana plant
cultivated in violation of this article shall be one thousand dollars ($1,000.00) per plant, plus one
hundred dollars ($100.00) per plant, per day the plant remains unabated past the abatement deadline
set forth in the administrative citation. Any property upon which a violation of this article is found shall
00039
00040
00041
TAB6
00042
1
2
3
4
5
6
7
TRANSCRIPT OF:
Excerpts of
City of Fresno City Council Meeting
10
March 20, 2014
11
12
13
14
15
16
17
18
19
20
21
22
23
Reported by:
Miriam Baltes, CSR #9704
24
25
Pages 1 - 44
Page 1
Veritext National Deposition & Litigation Services
866 299-5127
00043
MARCH 20TH, 2014
* * *
3
4
5
(1:28:57)
COUNCIL PRESIDENT BRANDAU:
And then we are going to
come back out and hear our 3:00 o'clock item which is about
marijuana laws in the city of Fresno.
8
9
10
11
I've got a couple of cards turned in.

patient with us.
We'll be onto this item in about 20, 25
minutes.
COUNCILMEMBER BRAND:
12
one way or the other.
13
continue the item until --
I think we need to take a vote
I mean the motion on the floor is to
14
15
16
17
Please be
May.
-- the study in May.
Am I correct, City Attorney?

CITY ATTORNEY SLOAN:
Yes.
And a councilmember could
18
either call that vote right now or we could wait until
19
after the other items.
20
I -- I agree.
This is a public
21
matter.
There's a definite nexus between what we discuss
22
in closed session to what we're doing here but I think we
23
need for the public's sake and transparency sake we've got
24
to make a decision here tonight.
25
it's not been a final decision, it could still be resolved.
If we delay the item,
Page 2
866 299-5127
00044
Somebody could come back and bring it earlier too, but I
think we need to take a vote on this -- at least on the
motion to continue before we go back in closed session.
Yeah, that's -- which one?
Yeah, that's later.
Yeah, we're going to go -- from here
we will go into closed session, we'll come back, we'll
tackle one item in closed session, come back and hear the
3:00 o'clock timed item which is a marijuana legislation
and then we will deal with Item E, which is commonly called
10
Bus Rapid Transit, so we'll deal with that one after the
11
marijuana deal.
12
City Attorney, does that make sense?
Should we
13
vote on the motion that's on the floor?
14
separate item than what's going to be discussed in closed
15
session.
16
Because it is a
It is the Council President's
17
discretion when to call for a vote subject to being
18
overruled by a majority of the Council.
19
20
COUNCILMEMBER XIONG:
Councilman Xiong.
Well, it looks like we're going
21
to be taking a vote on this one, I just want to make sure.
22
I concur with Councilmember Caprioglio, you know, there's a
23
difference between trying to have all the information and
24
you look at the impact of what we have here on our drivers
25
and what it means and you're looking at about a two month

Page 3
866 299-5127
00045
or whatever that study is going to show which isn't going
to show what we're asking here and then we haven't even
discussed and said if we want that study to do it, to add
this on there and then you're going to -- it just doesn't
make sense.
6
7
Do you understand what I'm saying?
We have a
study that is not going to answer what you're looking for.
10
to continue it for two months.
11
would rather Member Brand make a motion that says "Well, if
12
there's going to be a study, then let's go ahead and put
13
what we're looking for in the study and come back in two
14
months."
15
upon what you think you want to have a study to come and
16
the study already says -- from my understanding the study's
17
not going to answer that, I'm a little bit confused.
18
that's why if you're going to talk about that then the
19
closed session won't allow you to do something.
20
voting is kind of way premature on what you're looking at.
21
So if you're going to vote on this then, I would
22
go with, Member Caprioglio, if you're going to do it do it
23
on an extremely short time frame, short time frame, not two
24
months, but the motion on there isn't -- I think it's
25
inappropriate for what we have to discuss.
Okay.
Uh-huh.
And so you're now asking
If that was the case then I
If you're just going to make the motion based
So
So the
Okay?
Page 4

866 299-5127
00046
Makes sense.
Councilman Brand.
Yeah, I'm willing to amend the
motion, let's say, to two weeks to allow a more, you know,
expeditious process.
they are related and then for two weeks at least will give
me the time and the comfort that I've taken a comprehensive
look at this and it's the right decision.
just don't simply take the short-term solution, we find
We can discuss unrelated items but
And, again, we
10
the, you know, the real problem and hopefully we can solve
11
that here this year.
12
So I'm okay.
I make a motion then that we -- I change my
13
motion from May 1st to two weeks from today, whatever date
14
that is on the calendar.
15
UNIDENTIFIED COUNCILMEMBER:
16
17
second.
18
April 3rd.
And I'm -- I was the
I'll change that, I'm fine with that change.

Two weeks from today?
19
20
21
COUNCILMEMBER BAINES:
22
It would be April 3rd.

Councilman Baines.
Thank you, Council President.
Thank you, Member Xiong, for that suggestion, and
23
to Member Brand, I would support a continuance of that
24
sort.
25
certainly be more willing to support a two week continuance
At least to me there's some logic there so I would
Page 5
866 299-5127
00047
to allow more time preparation.
And for the record it was Member Caprioglio's
idea so we want to make sure that he gets the adequate
credit.
6
7
Let's take a vote then to continue and let's do a

roll call vote.
CITY CLERK:
10
CITY CLERK:
11
Councilmember Baines?
Yeah.
Councilmember Brand?
Councilmember Brandau?
12
13
CITY CLERK:
14
COUNCILMEMBER CAPRIOGLIO:
15
CITY CLERK:
16
COUNCILMEMBER OLIVIER:
17
CITY CLERK:
18
19
20
21
All right then.
Yes.
Councilmember Caprioglio?
Yes.
Councilmember Olivier?
Yes.
Councilmember Quintero?
Councilmember Xiong?
Motion passes 7-0.
All
right.
Council President, at this point
22
I don't believe we'd have sufficient time to complete the
23
other item in closed session before 3:00 o'clock unless you
24
want to run past 3:00 o'clock in closed session.
25
Councilmember Caprioglio
Page 6

866 299-5127
00048
thinks that we can -- we might be a few minutes late for
the 3:00 o'clock item but not very late, so I think we
should use the time.
should go tackle that shorter item in closed --
Instead of taking a break, I think we
Okay.
-- session, come back out,
do the marijuana, come back to BRT and then the final
closed session of the day.
Got it.
Okay.
Then in closed
10
session now we'll be going in for a conference with real
11
property negotiator for the listed APN's and the
12
negotiating party includes the City Manager, Bruce Rudd.
13
(1:34:53)
14
15
*********
16
17
(2:04:00)
18
19

Lee, Clint.
20
21
Is Chief doing this?
It's 3:17, we want to thank Councilmember

Caprioglio for that 17 minutes.
24
25
That's who we're waiting
for.
22
23
Back to your cages, Sal,
All right.
item.
Onto our 3:00 o'clock general admin
It's a bill for introduction repealing Article 21 of

Page 7
866 299-5127
00049
Chapter 12 and adding Article 21 of Chapter 12 prohibiting
cultivation of marijuana in all zone districts within the
city and that is our chief of police.
4
5
6
Hi, Chief.
POLICE CHIEF DYER:
Thank you, Council President
Brandau.
The item that you have before you is an amendment
to existing ordinance that will allow us in the Fresno
Police Department to do a better job of being able to
10
regulate this increased concern that we have in our
11
community of marijuana grows particularly in the inside of
12
a residence and it will allow us to become very consistent
13
with what the County of Fresno has done through the Fresno
14
County Sheriff's Department.
15
So the item that you have, it's recommended that
16
the City Council approve the amendment to the current
17
municipal code that would allow us to prohibit the
18
cultivation of marijuana in all zones within the city of
19
Fresno, that's both outdoor and indoor.
20
On June 28th of 2012, Council amended our
21
ordinance -- or adopted an ordinance, rather, that
22
prohibited the outdoor growing of marijuana within the city
23
of Fresno.
24
time was as a result of the increased number of crimes that
25
we were seeing associated with the outdoor cultivation of
And the reasons behind the prohibition at that
Page 8
866 299-5127
00050
marijuana.
shootings as a result of people trying to steal marijuana
from some of these locations and resulted in a significant
number of complaints to our department that were
investigated.
unit has responded to 317 cases regarding the growing of
marijuana, whether that be indoor or outdoor.
8
9
We had incidents involving violence and
Since that time this last year our narcotics
As I said earlier, we have an ordinance in place

today that prohibits the outdoor grow.
However, it does
10
not allow us to enforce anything indoors.
11
anticipate with the County's ordinance in place that
12
prohibits both indoor and outdoor grows, that there's a
13
potential for that to shift over to the city of Fresno,
14
that we will start to see more marijuana being grown indoor
15
of residences.
16
of Fresno.
17
And what we
We already have our fair share in the city
And what happens when we get called in and we
18
locate some of these indoor marijuana grows is that there's
19
a significant restructuring, oftentimes walls, interior
20
walls, that are moved.
21
residence, especially within large indoor grows, carpets
22
removed, they have large grow lamps that are suspended from
23
the ceiling.
24
learn that there is marijuana being grown inside of the
25
residence and there's a potential for home invasion
There is severe damage to the
And what happens eventually is that people
Page 9
866 299-5127
00051
robberies.
invasion robberies this past year where armed subjects
forced entry into a residence for the purpose of stealing
marijuana.
were a significant number of other home invasion robberies
that occurred.
In fact we investigated four of those home
Now, that's reported to us.
We know that there
In fact we had one earlier this morning.
So the need is certainly there for us to have
this -- this ban in place and what the consequences --
what's happened with our existing ordinance is that we have
10
not had the consequences in place that would detour,
11
seriously detour, people from growing marijuana outside and
12
this would allow us not to only have the appropriate
13
penalties and consequences in place to prevent it outdoor
14
but also an indoor grow of marijuana.
15
for anyone that's growing marijuana within the city of
16
Fresno, whether it be outdoor or indoor, there would be a
17
$1,000 fine per plant and there would also be a $100 per
18
day fine per plant for those plants that are not removed
19
beyond the abatement period.
20
And that penalty is
And the appeal process for those individuals
21
would be before the City's Hearing Officer, that differs a
22
little bit from the County.
23
before the Board of Supervisors.
24
25
The County's appeal process is
And I can tell you that Kern County was the first
one to adopt such an ordinance and they have had
Page 10
866 299-5127
00052
significant success in terms of the reduction in marijuana
grows within their jurisdiction.
it went from about 40 grows to about 5.
members of the Fresno County Sheriff's Department that are
here that, again, were the ones that took forth an
ordinance in the county and they're certainly available to
answer any questions or talk about the -- the successes
that they're having with the ordinance.
I think in the first year

And we have
You'll see in here in terms of the environmental
10
findings there's no environmental impact.
11
merely prohibits additional future cultivation of marijuana
12
indoors after the current crop year.
13
differ a little bit from the County's in the fact that
14
although the ordinance will take -- once it's adopted it
15
will take place immediately in terms of any outdoor grows
16
because we already have that in place, but for any indoor
17
grows it would be 120 days from the time of the adoption to
18
allow the cultivation of those -- those plants indoors.
19
20
21
So the ordinance
This ordinance will
So with that I'll open up any comments, I guess,

the public's going to have here.
Thank you, Chief.
And
22
thanks for traveling back to be with us this afternoon and
23
changing your schedule.
24
POLICE CHIEF DYER:
25
We appreciate that.
Thank you.
Thanks for
accommodating.
Page 11
866 299-5127
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Okay.
I have a couple of
cards from members of the public who had already requested
to speak.
You can come up at the end of the people who have presented
cards.
You don't need to turn in a card on this issue.
But first up is Keith Clement.
Keith, if you're in the audience, come on up and
you have three minutes to address this subject.
work our way through this batch of cards.
9
10
MR. CLEMENT:
Good afternoon.
And we'll
Thank you for allowing
me to speak.
11
I had a speech that I had prepared for the last
12
two days.
13
people in the audience snickering and laughing thinking
14
this is a joke so I threw that speech out.
15
ask these people what they find funny about human
16
suffering.
17
for four years.
18
me, but I need to remind you not all wounds are visual.
19
None of you know my story and you don't know why I
20
medicate, but it is my medicine.
21
During your closed session I heard a bunch of
I would like to
I am a cannabis patient, I have been a patient

I know you cannot see any visual wounds on
And I would like to ask the people in the
22
audience that were laughing and snickering what the big
23
joke is because I don't find it funny.
24
25
Keith, Keith, you have
to -- you kind of have to address me, but good point.

Page 12
866 299-5127
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MR. CLEMENT:
Well, I wanted to make my point.
Thank you.
MR. CLEMENT:
Okay.
This is my medicine and I'm going to
keep it.
keep it and I'm going to grow it.
threatened or intimidated and I'm not going to abide by any
man-made law to regulate a plant given to us by nature.
9
10
I'm not going to be
Thank you.
11
12
Legal or not, it's my medicine and I'm going to
Okay.
Next is Ernestina Luciano.
Can you tell her real quick while we're
waiting for her -- okay.
13
MS. LUCIANO:
14
UNIDENTIFIED SPEAKER:
Right on.
Buenos tardes.
(Speaking in Spanish.)
She says good afternoon, her
15
name is Ernestina and she lives where they cultivate -- she
16
lives near houses that cultivate marijuana and she said
17
it's very difficult every day -- she's gotten robbed five
18
times, her car's been stolen from her neighborhood and
19
every day and every afternoon she smells it.
20
smell it.
21
she's tired of it.
22
She has to
Her kids have to smell it and it's so unsafe and
She said that she does have family members that
23
do have cancer and they don't like it.
And she said that
24
she understands that people need it but if they need it
25
then they can get it somewhere else and not grow it in the
Page 13
866 299-5127
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houses because it causes crime and she's been a direct
victim of that crime and she would like to ask you please
do not cultivate marijuana in the houses in Fresno.
MS. LUCIANO:
(Speaking in Spanish.)
She said that she's tried to
talk to the police but they show up very late and she says
by the time they probably reach her she'll probably be
dead.
that you stop this crime going on in her neighborhood
10
So she wants to please ask that you help her and
because of the marijuana growth.
11
She says thank you.
12
MS. LUCIANO:
13
14
15
16
Thank you.
All right.
Thank you.
County Supervisor Chairman Andreas
Borgeas.
MR. BORGEAS:
17
This is so weird.
Good afternoon, gentlemen, Council President.
18
It's a pleasure to be here today to talk about an issue of
19
great importance to our community.
20
I'd like to let everybody know that I'm not
21
alone.
I'm here in my capacity as chairman of the Board of
22
the Fresno County Board of Supervisors but we also have
23
representatives from the -- from the sheriff's office, from
24
the County Counsel's office and beyond if there are any
25
questions in particular that you'd like to pose.
But I
Page 14

866 299-5127
00056
will be very brief.
Council President and I had been discussing this
matter for a good long while trying to get the County and
the City to take on issues of mutual interest.
we did not have the -- the joint meeting, let us not be
dissuaded.
so closely with your Council President is acting on those
issues of mutual interest.
is fairly simple.
And while
The purpose of me being here today in working
The marijuana issue, I think,
Fresno County passed its ordinance in
10
January of this year and we believe that this is the right
11
direction.
12
We -- we're not making comment on those that need
13
it for medicinal purposes, we're not getting into the
14
notions of who should be using it, who should not.
15
information that we've been given by the sheriff's office
16
and also from the police department is that there are major
17
criminal enterprises that are at play and the amount of
18
cultivation that is taking place is being clouded by the --
19
some of the ballot initiatives in some of the regional
20
policies that are in place right now and we're seeking to
21
clarify that.
22
As I mentioned to folks and, Council President, I
23
sent you a letter.
24
distribute it to your colleagues --
25
But the
I didn't know if it's okay if we could
We have.
Page 15

866 299-5127
00057
MR. BORGEAS:
-- but basically 2013 changed things.
There was a California Supreme Court decision as well -- as
well as a Court of Appeals decision that essentially
delegated more responsibility and more authority to the
local entities; the City and the County.
acting in the best interest of our community by creating a
public nuisance ordinance that would outright ban the
cultivation of marijuana, obviously outdoor, but
specifically here with this ordinance, indoor as well.
10
11
12
We believe we're
So if you have any questions, we're here but we

believe this is the best direction for our community.
Do I think this is the end of the story?
No.
13
believe that Sacramento at some point down the road will be
14
forced to take on this issue in a more direct fashion.
15
Heretofore they have not.
16
the Board, yours as Councilmembers, is to look after the
17
public safety of our constituencies and that's what we're
18
doing here today.
19
20
21
22
But our responsibility, mine on
I encourage you to adopt this counterpart

legislation and help make our communities even safer.
Thank you.
Thank you, Supervisor
23
Borgeas, and as Chair we appreciate you breaking your
24
schedule to join us today also, appreciate that.
25
And we might call you back up when Council gets a

Page 16
866 299-5127
00058
1
2
3
4
chance.
Let's see, Brenda Linder.
MS. LINDER:
Good afternoon.
Is Brenda available?
Thank you.
First off I want to address something that
Supervisor Borgeas said about there being major criminal
enterprises.
speaking to you today is to point out this is over
legislating.
criminal enterprises, there are existing laws against
That's correct.
And my main point in
There are existing laws that are against
10
criminal gangs.
11
masquerading as land use policy to come into people's homes
12
and that's what we're attempting to do here and that's what
13
the County's already done with their ordinance.
14
We do not need local ordinances
I understand there's problems.
There's problems
15
with every social program we've ever had in California;
16
Workers' Comp, Unemployment, Welfare.
17
abuse within the system.
18
those systems.
19
because there are people who truly need it.
20
There's fraud and
There's also criminals within
But we do not throw out the whole program
We are also treading on very thin ice here going
21
into people's homes.
I congratulate you for not writing
22
this policy as the County did with the criminal attachment,
23
criminal misdemeanor remedy.
24
not having the inspection warrant arm that the County did
25
to theirs, that's a good start in the right direction.
I also congratulate you for
Page 17
866 299-5127
00059
But the bottom line is there are laws in place
that Chief Dyer and his department can use to enforce and
have any illegal activity, lawful qualified patients under
this state's laws, however, can possess and grow.
you're now going to legislate under land use ordinances
into people's homes, I think you're treading on very, very
dangerous area.
enterprises involved, if there is alteration of existing
electronic or electricity coming into the homes, there are
As I said, if there are major criminal
10
laws in place to take care of that already.
11
to legislate that further.
12
If
We don't need
There are truly needy patients here who I have
13
spoke to for four or five years and, I'm sorry, they have
14
to go out of the area now or they have to find an illegal
15
source.
16
and I don't think that's necessary.
17
18
Thank you.
19
20
It's creating criminals out of qualified patients
Yolanda Espano.
Thank you.
Yolanda, are you here?
Oh,
right on.
21
MS. ESPANO:
Buenos tardes. (Speaking in Spanish.)
22
She says hello, my name is
23
Yolanda and where she lives she smells it also and she's
24
scared for the kids because she's seen that they become
25
addicted to it because it's been cultivated there.

Page 18
866 299-5127
00060
She's not sure if they sell it or cultivate there
but she definitely sees and senses the presence and what it
causes to the youth in her neighborhood.
MS. ESPINA:
Gracias.
Thank you.
Barbara Hunt.
MS. HUNT:
Well, it's good we're talking about
marijuana because I've heard the chief of police talking
and he's the chief of all the police officers association
10
and one time he said "No" to the governor.
11
Margarent Mims speak and I've got great pride for all of
12
the law enforcements and she says "No."
13
that we got the Supreme Court and whoever is given local
14
jurisdiction to make these rules for us.
15
I've heard
Then I'm hearing
But what I'm saying here today we don't need to
16
grow it, we don't need to come out here and try to make
17
money off of it because the privilege has been abused.
18
need to focus not on the thousand dollars that they're
19
going to be charged because the kids need that money in
20
their household which they going to be going in to take
21
that money away from them.
22
weed, it said don't grow it and don't cultivate it in or
23
out your house but I'm seeing the problem here.
24
war.
25
on stuff out here going -- somebody kill up everybody in
We
It didn't say you can't smoke
We got things going on.
We in a
We don't want to be hiring
Page 19
866 299-5127
00061
their sleep so I'm thinking we got to do what's right.
that's honor the police, the sheriff department, the
Supreme Court and everybody around here that's wanna stop
this here.
And
And I'm the last one to say it but I'm for it
because I see what's going on, I know what's going on.
They can't tell me anything about this problem right here.
And it is a problem.
for "I want to get high."
It's money being made.
It's not just
Everybody is making a lot of
10
money and they taking a lot of resources that we need from
11
the police and -- the city police and the sheriff's
12
department and the courtship around here, everybody is
13
overloaded.
14
who's raiding our house, who's out in the yard in the
15
middle of the night when the dogs are barking, is it
16
Al-Qaeda?
17
us?
18
people to be alert.
19
because I know what's going on out here.
20
We need that money for something else like
Is it somebody around here that's trying to kill
We don't know that because we sleep.
We want these
I say take it all away from them
And when the Chief told them in Sacramento "No"
21
but I know what he knows what's right for us because I got
22
great respect for Chief Dyer because he's been here a long
23
time for us and Margaret Mims.
24
Governor Brown.
25
three or four terms running around here.
I never go over -- and
Even if a lot of people don't like him

But we got to
Page 20

866 299-5127
00062
look out for everybody, the whole community, because we
responsible for them.
We don't need to grow no marijuana, we don't need
to have no cultivation.
He didn't say anything about you
can't stop it, you stop it on your own.
thousand dollars out of your family household and from the
kids, from your PG&E, from your water department, from your
rent, everybody's ass is out, excuse me.
think we should go that far.
So I don't even
We don't need it.
Take it
10
away.
11
law enforcement around here chasing no marijuana plants.
12
We want them to chase these robbers and these big old
13
machine guns and stuff going on around out here.
14
15
16
17
What problem is it?
But taking the
We don't need our laws -- our
Thank you very much.

Melody Anthony.
MS. ANTHONY:
Hi.
Thank you.
Melody, are you here?
I'm Melody and I was just wanting
18
to know what about the people that have cards, you know,
19
and the medical ones that need to smoke, what do -- what do
20
we do, you know?
21
all that, but the people that have health problems and this
22
is what their doctors recommend for them to have.
23
do they do?
24
25
I don't believe in growing or anything,
Oh, okay.
That's what I wanted to ask.
So what
I mean,
you know -Page 21

866 299-5127
00063
I'll ask that question
when I get a chance, so what will happen is you're asking
us but I'll probably ask one of our experts to comment on
that.
MS. ANTHONY:
MS. ANTHONY:
Yes, that's what I'm asking.

Okay.
Okay?
All right.
Thanks,
Melody.
10
All right.
That was our last card but if
11
there -- are there any other members of the public that
12
would like to comment on this?
13
a card.
14
three minutes.
You didn't need to turn in
Just come up to the microphone and you can have

All right?
15
It doesn't look like it so back up here.
16
Councilman Brand, you're up first.
17
18
Thank you.
That's my first question.
Chief, my
19
understanding this simply adds to the outdoor -- the indoor
20
prohibition of growing but anybody with a valid
21
prescription can still possess marijuana; correct?
22
POLICE CHIEF DYER:
That's correct.
This ordinance
23
only pertains to the cultivation of marijuana.
It does not
24
pertain to a person who has a recommendation from a doctor
25
to use marijuana.
Page 22
866 299-5127
00064
POLICE CHIEF DYER:
3
4
All right.
But it does not allow for the
cultivation of that.
Now, are all the retail shops
closed now in both Fresno county and Fresno city?
people buy marijuana?
POLICE CHIEF DYER:
Where do
To our knowledge the law is pretty
clear in terms of dispensaries because of people that are
growing marijuana for profit, that's generally what we're
10
seeing on these grows, that's what we've seen on
11
dispensaries and which is prohibited by law.
12
that is -- to our knowledge there are no dispensaries in
13
our community.
14
15
POLICE CHIEF DYER:
16
17
POLICE CHIEF DYER:
18
19
So that --
Even a nonprofit can't operate?

Correct.
Okay.
Well, we haven't seen any non for
profits, how's that?

Okay.
Well, that's -- and I
20
saw, you know, over the last year they were raiding
21
someplace, it was nonprofit, it had, you know, a whole box
22
full of cash in it so I guess --
23
POLICE CHIEF DYER:
Yeah.
Unfortunately -- well,
24
fortunately, I guess, when we do the financials and look at
25
how -- what the revenues are versus the expenses and so

Page 23
866 299-5127
00065
1
2
forth, there's profit being made.

The 95 plus percent of the calls that we go out
to there is the grows that we are seeing are for the
purpose of generating funds.
dealers, they are operated by gang members.
that are frequenting those residences are people that are
involved in gang activity and so forth.
a significant safety issues for those residents.
They are operated by drug

The people
So it does create
You heard some of them today and it's really
10
unfortunate that these people that are law abiding that are
11
in these residential areas are being impacted day in and
12
day out by folks that are growing marijuana and subjecting
13
that entire neighborhood to increased risk.
14
So if somebody wants to buy it
15
legally they have to go to San Francisco?
16
in California sell it?
17
18
19
20
21
POLICE CHIEF DYER:
Or what cities
They would have to go to a
location other than the city of Fresno.

through Amazon?
How about can you buy it like
Mail order, I mean.
POLICE CHIEF DYER:
I -- I don't think so but there
22
are plenty of locations, I think you named city of San
23
Francisco --
24
25
POLICE CHIEF DYER:
Okay.
-- openly distributes it, the city
Page 24

866 299-5127
00066
of Oakland.
have made it okay to do so.
what we've seen in the valley in terms of the criminal
activity associated with it when it's grown in a
residential area, but we have.
There are a number of those folks that have --
Fresno County?
And perhaps they're not seeing
This would be consistent with
There --
POLICE CHIEF DYER:
Yes, it is.
Okay.
And state law would be --
10
is there any challenges going on on cities like Fresno or
11
Bakersfield that impose these restrictions?
12
13
14
POLICE CHIEF DYER:
I'll let the City Attorney talk
about the recent -CITY ATTORNEY SLOAN:
Yes, the California Supreme
15
Court has said that the Compassionate Use Act simply
16
decriminalizes the use of medical marijuana for certain
17
purposes if you do it the right way under state law.
18
expressly said that local jurisdictions retain the
19
authority to regulate it when it comes to dispensaries and
20
the cultivation.
21
Okay.
So if -- if somebody gets
22
caught with six plants, it's a 120 day grace period;
23
correct?
24
25
POLICE CHIEF DYER:
It
Well, if it is an outdoor grow,
once the ordinance is adopted it will take effect

Page 25
866 299-5127
00067
immediately.
POLICE CHIEF DYER:
4
5
Indoor grow is 120 days?

Yes, from the date of the
ordinance passes they'll have 128 days.

So let's say you get a complaint
from a neighbor, you go out to somebody's house after this
time has expired and they've got four plants, that's a
civil or a criminal -- it's a civil; right?
POLICE CHIEF DYER:
Yes, unless -- it could be
10
criminal.
If during the course of the investigation by our
11
narcotics unit that we can determine that the purpose of
12
them growing those plants is for the purpose of selling
13
them --
14
15
POLICE CHIEF DYER:
16
-- then it would become a criminal
matter --
17
18
POLICE CHIEF DYER:
19
Right.
But --- and that goes with all of them.
But if it's -- if we can't demonstrate that and
20
even though they have a recommendation to be able to
21
possess -- or use marijuana, they would still be in
22
violation and they would be subject to that fine.
23
Okay.
But unless they're doing
24
it for resale purposes, basically it's a civil, a thousand
25
dollars per plant?

Page 26
866 299-5127
00068
POLICE CHIEF DYER:
Yes, sir.
Okay.
Okay.
What happens if --
I know they've discussed it at Sacramento, if Sacramento
brings forward a Colorado type "We're going to legalize
marijuana across the entire state," does that basically
trump everything we've done?
POLICE CHIEF DYER:
8
9
10
11
Yeah, state law would trump or
(inaudible).
It depends exactly what that law
would say, it really depends.

And by implementing this policy,
12
both the existing one and the addition of indoor, will that
13
save your guys' time in terms of spending -- allocating
14
officer resources to chase down -- and I've seen some of
15
the stuff in the papers, one guy killed somebody over a
16
marijuana deal.
17
resources?
18
Will that save you guys time and
POLICE CHIEF DYER:
It will -- over time I believe it
19
will -- it will put less of a strain on our resources as
20
well as code enforcement in having to go out to these
21
locations, largely as a result of the deterrent effect of
22
the ordinance.
23
24
Thank you.
25
Okay.
Thank you.
Councilman Baines.
Page 27

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1
2
Thanks, Council President.
And actually -- and I don't know if my questions
will be to you, Chief, and/or Doug or maybe a combination
of both, but it's almost a little bit along the lines of
Lee's -- some of Councilmember Brand's idea.
And, of course you know, most of you guys in here
know, that fortunately in general I would support something
like this, but I just want to kind of make sure I
understand for those people that legally have a right to
10
possess marijuana for medicinal purpose and, Lee, I may
11
have missed when you covered this, but what are their
12
options right now in Fresno?
13
POLICE CHIEF DYER:
They would have the option of
14
going out and purchasing that marijuana from another
15
location outside of the city or the county of Fresno.
16
Okay.
So -- so as it stands
17
now really for the population of medicinal users, there's
18
nowhere in Fresno -- there would be nowhere in Fresno for
19
them to -- for them to purchase the marijuana?
20
POLICE CHIEF CYER:
That would be correct.
21
Okay.
Doug, what -- where --
22
where are we going to end up with our dispensary ordinance
23
one way or the other?
24
25
So -- so let me say from the criminal aspect, I

completely support what the police department is trying -Page 28
866 299-5127
00070
what you're suggesting completely.
that the criminal enterprise of marijuana causes for our
city and the use of law enforcement and code enforcement
and just city resources overall.
I know that the problem
But just to put that aside for a moment, what
about our legal customers, what -- do we have any plans to
-- I mean because I suspect that that's not going to
prevent -- prevent them from still trying to buy in Fresno.
It will just make it a criminal act for them to engage in
10
11
the purchase; right?

Well, under our city code if
12
this is passed, you definitely could not grow it in the
13
city of Fresno and you cannot have a dispensary.
14
state law allows for certain other methods of distribution,
15
the limited collectives or a caregiver to obtain it and
16
share it with the person that is using it.
17
Now,
Now, where would that caregiver
18
on behalf of a medicinal user obtain it in Fresno?
19
would they do that legally?
20
21
They would have to have somebody
go -- essentially go outside the jurisdiction --
22
23
24
25
How
Out of Fresno.
-- to obtain it.
Okay.
I want to ask this
gentleman here, Chief, if you don't -- I want to -- sir, in

Page 29
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00071
the white, yes, you in the white shirt.
just -- and let me just -- sir, I'm calling you up to ask
questions and it would be for a limited time so you don't
get a new three minutes.
answers are over with.
I wanted to
It will be until my questions and

Okay?
I'm just curious.
What would you do or what --
if we adopt this, and I have a feeling we are, I just want
to be honest with you, what are your options for -- because
you seem to be a legitimate medicinal user.
10
MR. CLEMENT:
Currently I am growing.
I have four
11
immature plants that I've just started my flower cycle so I
12
have about eight weeks before they're fully done.
13
under the California state limit.
14
That's
Right now as far as obtaining my medicine, I have
15
to drive to Bakersfield to a legal collective down there
16
and obtain quality tested medicine that I trust other than
17
the own that I grow.
18
19
20
Okay.
So you -- how often are
you having to make that trip to Bakersfield?

MR. CLEMENT:
With funds permitting, because it is
21
expensive with gas the way it is and just the cost of the
22
medicine alone, twice a month.
23
24
25
Okay.
Okay.
Thank you.
MR. CLEMENT:
Uh-huh.
Page 30

866 299-5127
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So -- so I think -- what would
our options be, Doug, for -- for the medicinal users?
legally would we prevent, you know, that population from
having to drive to Fresno -- I mean to Bakersfield or
anywhere else to legally purchase marijuana?
-- is there any options that we're even contemplating that
would?
How
Is there any
Well -I want to make sure we can deal
10
with the criminal element on the one hand but there's also
11
a legitimate population that exists and I think -- I want
12
to make sure we're not throwing the baby out with the bath
13
water so I'm just wondering what other options would we
14
have that would be under our purview to do?
15
Well, we already outlaw the
16
dispensaries.
17
simply selling it to customers.
18
19
20
Those are the storefront operations that are
Right.
And you couldn't grow.
The state law still provides for certain types of
21
collectives where people are truly sharing in the process
22
of obtaining it and sharing it with others.
23
24
25
Okay.
If it were done correctly under
state law, there is still that potential.

Page 31
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1
2
3
here in Fresno?
So could a collective happen
No; right?
A collective, well, it depends.
It can't be a storefront, make money kind of operation,
that's a dispensary.
8
9
11
13
A collective is a small group of
people that are sharing the responsibility.
10
12
Okay.
Could that happen in Fresno?

Under state law it could, yes.
Okay.
Okay.
So there's an
option.
So -- so I think where -- what -- you know, just
14
for the record I'm very much in support of not allowing
15
criminal enterprises to thrive under the guise of
16
legitimate marijuana grows, I mean I get that and I am
17
absolutely against that.
18
At the same time if, you know, we -- I don't want
19
to just dismiss an entire population, however small of a
20
minority it may be that does rely on marijuana for medical
21
purposes that's legitimate, the state law says it's
22
legitimate and, you know, quite frankly I think it's
23
legitimate too.
24
So I'm going to be supportive of this item today,
25
Chief, because I do believe in that, but I do think that we

Page 32
866 299-5127
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as a body at least need to figure out a way to -- to allow
the legitimate population to medicate.
ongoing discussion, but for this purpose here I don't
think -- I don't think -- not supporting this wouldn't get
us where we want to be because we need to allow the police
department to have the proper tools to shut down the
enterprises but we do need to come -- and it's not the
police department's job to figure out how medicinal users
can continue to use, I understand that.
So I think it's an
And this -- this
10
legislation is from the police department so -- but it is
11
our job to possibly figure that out.
12
continue this dialogue.
13
So I would want to
But I'll be supportive of the item today for the
14
-- for the criminal element of it but with the
15
understanding that we do need to be looking at legitimate
16
ways.
17
Thank you.
18
19
Councilman Xiong.
City Attorney, I know that we
20
have the state law with those parameters.
21
conflict with the Federal law?
22
23
24
25
Where does it
Under Federal law any possession
of marijuana is illegal.
Okay.
So -- so though we as a
STATE have these conditions in terms of when it is

Page 33
866 299-5127
00075
appropriate to be able to medicinally use -- use marijuana,
the Federal law's pretty clear; correct?
Well, yes.
The Federal law is
clear and the law formerly was in the State of California
that it was illegal also.
Right.
All the State did through the
Compassionate Use Act is to say for certain uses we will
not prosecute that under State law.
10
11
It is not criminal
under State law.

Okay.
So under those
12
conditions, the State won't take an action on the
13
individual or the parties that's engaged; correct?
14
That's correct, under State law.
15
Right.
16
17
18
19
it doesn't make a difference?

But for the Federal law
It still --
Federal agencies could prosecute
any possession of marijuana.

Correct.
So even if our
20
residents here have the card, the dispensary or whatever,
21
the Federal law or the Federal agency decides now they can
22
come in and pretty much says "This is against Federal law"
23
and put you in a particular situation; correct?
24
That's correct.
25
Okay.
The reason I ask that

Page 34

866 299-5127
00076
because there was an effort especially within our Southeast
Asian community when the district attorney from the western
part of the United States came in and -- and asked for our
office help to do outreach within our community because
there was -- they saw an increase in terms of those
activities and wanted to make sure there was an educational
outreach and it was very confusing for our community, very
confusing.
to acquire the appropriate paperwork and the necessary
Because many of them went through the process
10
documents to allow them to fit those categories, but when
11
the Federal law came in and started impacting the community
12
more, there had to be an important understanding of the
13
differences of the two.
14
And not that I -- that I don't support our
15
efforts and for this particular position, I just think it
16
puts us locally in a very tough predicament when the State
17
and the Feds don't agree on what is the tool, whether we
18
choose to be legalized in those parameters or not, it would
19
provide a clearer direction for us as local entity on how
20
to try to provide those services.
21
Because I also do agree with Member Baines that
22
there is that population that I believe through the medical
23
necessities qualify.
24
that when to me for the larger that conflict between the
25
State and the Feds, that day-to-day no matter what the
So I'm not sure how to best address
Page 35
866 299-5127
00077
State does, the Federal law trumps whatever we try to do.
That to me is really the picture.
of the population is extremely important as well.
don't know -- and I know that we did -- did away with the
dispensaries and, I don't know, and maybe that's continued
dialogue but maybe there's some type of version where we
can control the number of dispensaries or what is allowed
and have some type of supervision from our entity here,
keep it within a certain amount of numbers.
10
But -- but the minority

And I
And so that -- that's where I -- I haven't -- I
11
don't think we've had those deep discussion yet and to say
12
that a population would have to drive two and a half hours
13
or three hours but -- to get the medicinal uses, but also I
14
just want to let you know the Feds doesn't allow you
15
anyway, but that's the interesting -- the dilemma that I'm
16
going through with that.
17
our public safety folks are given the -- the resources or
18
the tools to do what they have to do, limit in terms of --
19
because we're stretched out of all the other things we're
20
committed to do.
21
And so I want to make sure that
But, City Attorney, I think we need to -- to
22
further discuss that side of it, how -- how if that's where
23
the City looks as policymakers here, looks to move and try
24
to address the minority population that I think it's worth
25
the public discussion and debate on that.
So that's -Page 36

866 299-5127
00078
that's where I think maybe the future discussion and I
would love to have that discussion with -- with you and see
how that would move and drive our concerns from our other
community groups on this issue.
Thank you.
Councilman Olivier.
Thank you, Council President,
City Council.
I guess a year or two ago I was happy to support
10
the outdoor ban on the growing of marijuana.
In our city
11
I've -- and in my district I've had a chance to actually go
12
out to homes where there was a pot farm growing next door
13
and I've seen firsthand and smelled firsthand and
14
experienced firsthand the struggles that homeowners,
15
residents, go through when there's a pot farm growing next
16
door.
17
One of the constituents that I had the pleasure
18
of visiting with was afraid to put her nose over the side
19
of the fence but she suggested that I do it and so I did
20
anyway and I looked over the fence and sure enough there
21
were a lot of marijuana plants growing over there.
22
told the story of how when it's harvest time and they chop
23
the bottoms of the plants and -- to harvest them that it
24
creates spores and seeds that go over the fence and create
25
allergies and poison her family and that was of great
And she
Page 37
866 299-5127
00079
1
2
concern to me.
We also had a block party, every year we do, at
the corner of Clay and Bond in the 7th district.
And at
this block party there was a -- I mean in full view of the
bounce house that PD is running or the face painting or
whatever it was and there was a praise band there and the
block parties are always very successful and I always
support them, within full view there was the plywood boards
in the front yard and over the tops of the plywood boards
10
were the tops of the marijuana plants.
So here in our
11
community in full view of police and code enforcement and
12
church and City Council and these families is this specter
13
of these outdoor grows and the sickness that they bring to
14
their neighbors when the -- when they're harvested.
15
that's why I supported the outdoor ban on marijuana in our
16
city because I believe that it was harmful to people.
And so
17
Today I'm not going to support this ban.
18
And a message for the people who came and spoke,
19
the ladies from the neighborhoods, there is a remedy for
20
you existing right now.
21
Department is taking out marijuana grows at the rate of one
22
a day, 317 last year and 5,000 pounds of marijuana seized
23
and some of those were indoor operations.
24
25
I mean the Fresno Police
So the reason why I'm going to oppose today is

because I already believe that there's a remedy on the
Page 38
866 299-5127
00080
books.
If -- if you have marijuana grows -- whether this
passes or fails today, if you have marijuana grows in your
neighborhood, we can take those out using our friends from
code enforcement and our friends from the police
department.
have a remedy for you and we can clean those up for you.
7
8
If that smell is coming into your home, we
And so I will be in opposition to this today and

urge a no vote from the Council.
Thank you.
10
11
COUNCILMEMBER CAPRIOGLIO:
12
Councilman Caprioglio.
Thank you, Council
President.
13
I think the -- there are qualified patients who
14
have needs and the previous ordinance that we're addressing
15
today addressed those needs.
16
we cannot address those needs at the expense of the
17
majority of the citizens who are subjected to the perils of
18
growing marijuana and the criminal activity that goes with
19
it.
20
Unfortunately at this point
So I think the people that really should be
21
thanked, if you will, by those that are qualified are the
22
growers, the abusers that not only abuse the letter of the
23
law but the spirit of the law that's in existence now to
24
benefit you.
25
abuse of this process have resulted in what's taking place
So those profiteers and growers with their
Page 39
866 299-5127
00081
today.
So I support the motion.
COUNCILMEMBER QUINTERO:
Councilman Quintero.
Thank you, Mr. President.
Chief Dyer, and maybe it's a two-fold question
and, I don't know, I didn't hear the discussion that the
Board of Supervisors had on this particular issue, but, you
know, there's no question that -- that there are
individuals that -- that do use the marijuana for medicinal
10
purposes.
11
Has there been any discussions with -- and the
12
issue, of course, is being the grows, you know.
13
there been any discussions like with the Fresno-Madera
14
Medical Society in terms of those -- the doctors that --
15
that say, you know, this is the best remedy for you for
16
relief or whatever is smoking, where they would set up a
17
single dispensary instead of having a -- you know, like
18
this gentleman having to drive all the way to Bakersfield?
19
And I don't know if they -- that we couldn't use them as
20
part of this discussion to try and help out those that
21
truly need it.
22
POLICE CHIEF DYER:
And has
Well, I think at some point the
23
State of California is going to have to intervene with some
24
type of a legislation that does allow for that or regulates
25
that.
But up until that occurs I -- you know, it would not

Page 40
866 299-5127
00082
be able to exist today under our current ordinance unless
I'm -- unless I'm wrong in this fashion.
POLICE CHIEF DYER:
discussion could occur.
No, that's correct.

So at some point maybe that
Well, I don't know why they
couldn't be part of the discussion now even just to, you
know, work towards something like that and see if some
legislation.
Because I mean they're -- I know individuals
10
that -- that do -- that do take it for medicinal purposes
11
and they're having difficulty with -- with having to drive
12
to -- to other areas of the -- of Fresno County just to
13
purchase it for medicinal purposes.
14
wondering about Fresno-Madera Medical Society, that's all,
15
just --
16
POLICE CHIEF DYER:
17
And I just -- I'm
Sure.
They're -- they -- I don't
18
know why they couldn't come up with something in that
19
regard.
20
Okay.
21
Thanks.
22
23
24
25
Just wondering about conversations.
I guess I'm just going to
make a few brief comments.

Thanks, Chief, for coming out again.
And I see
county -- we have our county sheriffs in the room with us,

Page 41
866 299-5127
00083
we thank you.
supportive of this legislation and so I appreciate she
couldn't be here today.
Sheriff Mims expressed to me that she's
I thank everybody that spoke.
Listening to my fellow councilmembers talk about
this, I guess I would say that it seems like a subject we
were talking about about an hour ago which is correctly
identifying a problem and then addressing that problem.
This is a law enforcement thing to me and so I'm going to
be supportive of that.
10
But I would also be supportive of my fellow
11
councilmembers bringing forth legislation or a policy to
12
deal with people in our community that might need this
13
medicinally.
14
different things and I'm fully open to that discussion for
15
sure.
16
saying that this is what they need, this is what they feel
17
is the correct thing for our community, I'm going to be
18
supportive of that.
19
Okay.
So -- but for me those are two
But today for me I've got my police department
And as a matter of fact I'm done with my comments
20
so I'm just going to make a motion to approve the police
21
department's recommendation.
22
So a motion and a second by Councilman Brand.
23
I don't see anybody else punched up so I think
24
it's time for a vote.
Let's do an electronic vote, we
25
haven't done one of those in a while.
So a "yes" is to
Page 42

866 299-5127
00084
support the recommendation.
All right?
Let's vote.
Did that work?
All right.
Thank you very much, Chief, for that
5
6
7
8
9
10
Motion passes 6 to 1.
presentation.
Thank you everybody for your participation.
UNIDENTIFIED AUDIENCE SPEAKER:
That's for the city of
Fresno and the county of Fresno, they need it.

All right.
(2:55:57)
11
12
(End of transcription.)
13
14
15
16
17
18
19
20
21
22
23
24
25
Page 43
866 299-5127
00085
CERTIFICATE OF REPORTER
2
3
4
The undersigned CERTIFIED SHORTHAND REPORTER,
Miriam G. Baltes, Number 9704, for the State of California
does hereby certify:
7
8
9
10
11
That the foregoing was transcribed under my

supervision from audio to the best of my ability;
Said transcript being a true and correct copy of the
proceedings thereof.
12
13
14
In which whereof, I have subscribed my name this date

of 27th day of July, 2014.
15
16
17
18
19
20
__________________________________
21
Miriam G. Baltes
22
CSR No. 9704
23
24
25
Page 44
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00086
[1 - ballot]
1
1 1:25 43:3
1,000 10:17
100 10:17
12 8:1,1
120 11:17 25:22
26:2
128 26:4
17 7:23
1:28:57 2:4
1:34:53 7:13
1st 5:13
2
20 1:10 2:9
2012 8:20
2013 16:1
2014 1:10 2:1 44:14
20th 2:1
21 7:25 8:1
25 2:9
27th 44:14
28th 8:20
2:04:00 7:17
2:55:57 43:10
3
317 9:6 38:22
3:00 2:6 3:8 6:23,24
7:2,24
3:17 7:22
3rd 5:15,19
4
40 11:3
44 1:25
5
5 11:3
5,000 38:22
6
6 43:3
7
7-0 6:19
7th 38:3
9
95 24:2
9704 1:23 44:5,22
a
abatement 10:19
abide 13:7
abiding 24:10
ability 44:9
able 8:9 26:20 34:1
41:1
absolutely 32:17
abuse 17:17 39:22
39:25
abused 19:17
abusers 39:22
accommodating
11:25
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act 25:15 29:9 34:8
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activities 35:6
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25:4 39:18
add 4:3
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17:4 35:23 36:24
39:16
addressed 39:15
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42:7
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adequate 6:3
admin 7:24
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30:7
adopted 8:21 11:14
25:25
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12:9 13:14,19 14:17
17:3
agencies 34:17
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ago 37:9 42:6
agree 2:20 35:17,21
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al 20:16
alert 20:18
allergies 37:25
allocating 27:13
allow 4:19 5:4 6:1
8:8,12,17 9:10
10:12 11:18 23:2
33:1,5 35:10 36:14
40:24
allowed 36:7
allowing 12:9 32:14
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alteration 18:8
amazon 24:20
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amendment 8:7,16
amount 15:17 36:9
andreas 14:14
answer 4:7,17 11:7
answers 30:5
anthony 21:16,17
22:5,7
anticipate 9:11
anybody 22:20
42:23
anyway 36:15 37:20
apn's 7:11
appeal 10:20,22
appeals 16:3
appreciate 11:23
16:23,24 42:2
appropriate 10:12
34:1 35:9
approve 8:16 42:20
april 5:15,19
area 18:7,14 25:5
areas 24:11 41:12
arm 17:24
armed 10:2
article 7:25 8:1
asian 35:2
aside 29:5
asked 35:3
asking 4:2,9 22:2,5
aspect 28:24
ass 21:8
associated 8:25 25:4
association 19:9
attachment 17:22
attempting 17:12
attorney 2:16,17
3:12,16 5:19 6:21
7:5,9 25:12,14 27:9
29:11,20,23 31:8,15
31:19,24 32:3,7,10
33:19,22 34:3,7,14
34:17,24 35:2 36:21
41:3
audience 12:6,13,22
43:7
audio 44:9
authority 16:4
25:19
available 11:6 17:2
b
baby 31:12
back 2:6 3:1,3,6,7
4:13 7:6,7,18 11:22
16:25 22:15
baines 5:20,21 6:8,9
27:25 28:1,16,21
29:17,22,24 30:18
30:23 31:1,9,18,23
32:1,6,9,11 35:21
bakersfield 25:11
30:15,19 31:4 40:18
ballot 15:19
Page 1
866 299-5127
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[baltes - collectives]
baltes 1:23 44:5,21
ban 10:8 16:7 37:10
38:15,17
band 38:6
barbara 19:6
barking 20:15
based 4:14
basically 16:1 26:24
27:5
batch 12:8
bath 31:12
behalf 29:18
believe 6:22 15:10
16:5,11,13 21:20
27:18 32:25 35:22
38:16,25
benefit 39:24
best 16:6,11 35:23
40:15 44:9
better 8:9
beyond 10:19 14:24
big 12:22 21:12
bill 7:25
bit 4:17 10:22 11:13
28:4
block 38:2,4,7
board 10:23 14:21
14:22 16:16 40:7
boards 38:8,9
body 33:1
bond 38:3
books 39:1
borgeas 14:15,16
16:1,23 17:5
bottom 18:1
bottoms 37:23
bounce 38:5
box 23:21
brand 2:11,15,20
4:11 5:2,3,23 6:10
22:16,17 23:1,4,14
23:16,19 24:14,19
24:24 25:6,9,21
26:2,5,14,17,23
27:2,11,23 42:22
brand's 28:5
brandau 2:5,14 3:4
3:19 4:8 5:1,16,20
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occurred 10:6
occurs 40:25
office 14:23,24
15:15 35:4
officer 10:21 27:14
officers 19:9
oftentimes 9:19
oh 18:19 21:24
okay 4:9,25 5:11 7:5
7:9 12:1 13:3,11,12
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31:23 32:6,11,11
33:24 34:11,25
41:20 42:13
old 21:12
olivier 6:15,16 37:6
37:7
once 11:14 25:25
ones 11:5 21:19
ongoing 33:3
open 11:19 42:14
openly 24:25
operate 23:14
operated 24:4,5
operation 32:4
operations 31:16
38:23
oppose 38:24
opposition 39:7
option 28:13 32:12

options 28:12 30:8
31:2,6,13
order 24:20
ordinance 8:8,21,21
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ordinances 17:10
18:5
outdoor 8:19,22,25
9:7,9,12 10:13,16
11:15 16:8 22:19
25:24 37:10 38:13
38:15
outlaw 31:15
outreach 35:4,7
outright 16:7
outside 10:11 28:15
29:21
overall 29:4
overloaded 20:13
overruled 3:18
p
pages 1:25
painting 38:5
papers 27:15
paperwork 35:9
parameters 33:20
35:18
part 35:3 40:20 41:7
participation 43:6
particular 14:25
34:23 35:15 40:7
particularly 8:11
parties 34:13 38:7
party 7:12 38:2,4
passed 15:9 29:12
passes 6:19 26:4
39:2 43:3
patient 2:9 12:16,16
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people 9:2,23 10:11
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17:19 20:18,24
21:18,21 23:6,8
24:5,6,10 28:9
31:21 32:8 38:16,18
39:20 42:12
people's 17:11,21
18:6
percent 24:2
perils 39:17
period 10:19 25:22
permitting 30:20
person 22:24 29:16
pertain 22:24
pertains 22:23
pg&e 21:7
picture 36:2
place 9:8,11 10:8,10
10:13 11:15,16
15:18,20 18:1,10
39:25
plans 29:6
plant 10:17,18 13:8
26:25
plants 10:18 11:18
21:11 25:22 26:7,12
30:11 37:21,23
38:10
play 15:17
please 2:8 14:2,8
pleasure 14:18
37:17
plenty 24:22
plus 24:2
plywood 38:8,9
point 6:21 12:25
13:1 16:13 17:6,7
39:15 40:22 41:4
poison 37:25
police 8:3,5,9 11:24
14:6 15:16 19:8,9
20:2,11,11 22:22
23:2,7,15,17,23
24:17,21,25 25:8,12
25:24 26:3,9,15,18
27:1,7,18 28:13,20
28:25 33:5,8,10
38:11,20 39:4 40:22
41:4,16 42:15,20
policies 15:20
policy 17:11,22
27:11 42:11
policymakers 36:23
population 28:17
31:3,11 32:19 33:2
35:22 36:3,12,24
pose 14:25
position 35:15
possess 18:4 22:21
26:21 28:10
possession 33:22
34:18
possibly 33:11
pot 37:12,15
potential 9:13,25
31:25
pounds 38:22
praise 38:6
predicament 35:16
premature 4:20
preparation 6:1
prepared 12:11
prescription 22:21
presence 19:2
presentation 43:5
presented 12:4
president 2:5,14 3:4
3:19 4:8 5:1,16,20
5:21 6:5,12,19,21
6:25 7:6,18 8:5
11:21 12:1,24 13:3
13:10 14:13,17 15:2
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22:1,6,8 27:25 28:1
33:18 37:6,7 39:10
39:12 40:3,4 41:22
43:9
president's 3:16
pretty 23:7 34:2,22
prevent 10:13 29:8
29:8 31:3
previous 39:14
pride 19:11
privilege 19:17
probably 14:7,7
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problem 5:10 19:23
20:7,8 21:10 29:1
42:7,7
problems 17:14,14
21:21
proceedings 44:11
process 5:5 10:20,22
31:21 35:8 39:25
profit 23:9 24:1
profiteers 39:24
profits 23:18
program 17:15,18
prohibit 8:17
prohibited 8:22
23:11
prohibiting 8:1
prohibition 8:23
22:20
prohibits 9:9,12
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proper 33:6
property 7:11
prosecute 34:9,17
provide 35:19,20
provides 31:20
public 2:20 12:2
16:7,17 22:11 36:17
36:25
public's 2:23 11:20
punched 42:23
purchase 28:19
29:10 31:5 41:13
purchasing 28:14
purpose 10:3 15:6
24:4 26:11,12 28:10
33:3
purposes 15:13
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purview 31:14
put 4:12 27:19 29:5
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puts 35:16
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qaeda 20:16
qualified 18:3,15
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qualify 35:23
quality 30:16
question 22:1,18
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questions 11:7
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quick 13:11
quintero 6:17 40:3,4
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quite 32:22
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raiding 20:14 23:20
rapid 3:10
rate 38:21
reach 14:7
real 5:10 7:10 13:11
really 24:9 27:10
28:17 36:2 39:20
reason 34:25 38:24
reasons 8:23
recommend 21:22
recommendation
22:24 26:20 42:21
43:1
recommended 8:15
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regional 15:19
regulate 8:10 13:8
25:19
regulates 40:24
related 5:6
relief 40:16
rely 32:20
remedy 17:23 38:19
38:25 39:6 40:15
remind 12:18
removed 9:22 10:18
rent 21:8
repealing 7:25
reported 1:23 10:4
reporter 44:1,4
representatives
14:23
requested 12:2
resale 26:24
residence 8:12 9:21
9:25 10:3
residences 9:15 24:6
residential 24:11
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residents 24:8 34:20
37:15
resolved 2:25
resources 20:10
27:14,17,19 29:4
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respect 20:22
responded 9:6
responsibility 16:4
16:15 32:8
responsible 21:2
restrictions 25:11
restructuring 9:19
result 8:24 9:2 27:21
resulted 9:3 39:25
retail 23:4
retain 25:18
revenues 23:25
right 2:18 5:8 6:5,20
7:24 13:12 14:14
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22:8,10,14 23:1
25:17 26:8,14 28:9
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31:18 32:2 34:6,15
38:20 43:1,3,9
risk 24:13
road 16:13
robbed 13:17
robberies 10:1,2,5
robbers 21:12
roll 6:7
room 41:25
rudd 7:12
rules 19:14
run 6:24
running 20:25 38:5
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sacramento 16:13
20:20 27:3,3
safer 16:20
safety 16:17 24:8
36:17
sake 2:23,23
sal 7:18
san 24:15,22
save 27:13,16
saw 23:20 35:5
saying 4:6 19:15
42:16
says 4:11,16 13:14
14:6,11 18:22 19:12
32:21 34:22
scared 18:24
schedule 11:23
16:24
second 5:17 42:22
see 9:14 11:9 12:17
17:2 20:6 37:2 41:8
41:24 42:23
seeds 37:24
seeing 8:25 19:23
23:10 24:3 25:2
seeking 15:20
seen 18:24 23:10,17
25:3 27:14 37:13
sees 19:2
seized 38:22
sell 19:1 24:16
selling 26:12 31:17
sense 3:12 4:5 5:1
senses 19:2
sent 15:23
separate 3:14
seriously 10:11
services 35:20
session 2:22 3:3,6,7
3:15 4:19 6:23,24
7:6,8,10 12:12
set 40:16
severe 9:20
share 9:15 29:16
sharing 31:21,22
32:8
she'll 14:7
sheriff 20:2 42:1
sheriff's 8:14 11:4
14:23 15:15 20:11
sheriffs 41:25
shift 9:13
shirt 30:1
shootings 9:2
shops 23:4
short 4:23,23 5:9
shorter 7:4
shorthand 44:4
show 4:1,2 14:6
shut 33:6
sickness 38:13
side 36:22 37:18
significant 9:3,19
10:5 11:1 24:8
simple 15:9
simply 5:9 22:19

25:15 31:17
single 40:17
sir 27:1 29:25 30:2
situation 34:23
six 25:22
sleep 20:1,17
sloan 2:17 3:16 5:19
6:21 7:5,9 25:14
27:9 29:11,20,23
31:8,15,19,24 32:3
32:7,10 33:22 34:3
34:7,14,17,24 41:3
small 32:7,19
smell 13:20,20 39:5
smelled 37:13
smells 13:19 18:23
smoke 19:21 21:19
smoking 40:16
snickering 12:13,22
social 17:15
society 40:14 41:14
solution 5:9
solve 5:10
somebody 3:1 19:25
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somebody's 26:6
someplace 23:21
sorry 18:13
sort 5:24
source 18:15
southeast 35:1
spanish 13:13 14:4
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speaker 13:14 14:5
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speaking 13:13 14:4
17:7 18:21
specifically 16:9
specter 38:12
speech 12:11,14
spending 27:13
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spoke 18:13 38:18
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stands 28:16
start 9:14 17:25
started 30:11 35:11
state 25:9,17 27:5,7
29:14 30:13 31:20
31:25 32:10,21
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35:25 36:1 40:23
44:5
state's 18:4
states 35:3
steal 9:2
stealing 10:3
stolen 13:18
stop 14:9 20:3 21:5
21:5
storefront 31:16
32:4
story 12:19 16:12
37:22
strain 27:19
stretched 36:19
struggles 37:14
study 2:15 4:1,3,7
4:12,13,15,16
study's 4:16
stuff 19:25 21:13
27:15
subject 3:17 12:7
26:22 42:5
subjected 39:17
subjecting 24:12
subjects 10:2
subscribed 44:13
success 11:1
successes 11:7
successful 38:7
suffering 12:16
sufficient 6:22
suggested 37:19
suggesting 29:1
suggestion 5:22
supervision 36:8
44:9
supervisor 14:14
16:22 17:5
supervisors 10:23
14:22 40:7
support 5:23,25
28:7,25 32:14 35:14
37:9 38:8,17 40:2
43:1
supported 38:15
supporting 33:4
supportive 32:24
33:13 42:2,9,10,18
supreme 16:2 19:13
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sure 3:21 6:3 19:1
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suspect 29:7
suspended 9:22
system 17:17
systems 17:18
t
tackle 3:7 7:4
take 2:11 3:2 5:9 6:6
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taken 5:7
talk 4:18 11:7 14:6
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talking 19:7,8 42:6
tardes 13:13 18:21
tell 10:24 13:11 20:7
term 5:9
terms 11:1,9,15
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27:13 33:25 35:5
36:18 40:14
tested 30:16
thank 5:21,22 7:22
8:5 11:21,24 12:9
13:2,9 14:11,12,13
16:21,22 17:3 18:17
18:18 19:5 21:14,15
22:17 27:23,24
30:24 33:17 37:5,7
39:9,11 40:4 42:1,3
43:4,6
thanked 39:21
thanks 11:22,24
22:8 28:1 41:21,24
theirs 17:25
thereof 44:11
thin 17:20
thing 42:8,17
things 16:1 19:24
36:19 42:14
think 2:11,22 3:2
4:15,24 7:2,3 11:2
15:8 16:12 18:6,16
21:9 24:21,22 31:1
31:11 32:13,22,25
33:2,4,4 35:15
36:11,21,24 37:1
39:13,20 40:22
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thinking 12:13 20:1
thinks 7:1
thousand 19:18 21:6
26:24
threatened 13:7
three 12:7 20:25
22:14 30:4 36:13
threw 12:14
thrive 32:15
throw 17:18
throwing 31:12
time 4:23,23 5:7 6:1
6:22 7:3 8:24 9:5
11:17 14:7 19:10
20:23 26:7 27:13,16
27:18 30:3 32:18
37:22 42:24
timed 3:8
times 13:18
tired 13:21
today 5:13,18 9:9
14:18 15:6 16:18,24
17:7 19:15 24:9
32:24 33:13 38:17
38:24 39:2,7,15
40:1 41:1 42:3,15
told 20:20 37:22
tonight 2:24
tool 35:17
tools 33:6 36:18
tops 38:9,10
tough 35:16
transcribed 44:8
transcript 1:7 44:10
transcription 43:12
transit 3:10
transparency 2:23
traveling 11:22
treading 17:20 18:6
tried 14:5
trip 30:19
true 44:10
truly 17:19 18:12
31:21 40:21
trump 27:6,7
trumps 36:1
trust 30:16
try 19:16 35:20 36:1
36:23 40:20
trying 3:23 9:2 15:3
20:16 28:25 29:8
turn 12:3 22:12
turned 2:8
twice 30:22
two 3:25 4:10,13,23
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uh 4:8 30:25
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understanding 4:16
22:19 33:15 35:12
understands 13:24
unemployment
17:16
unfortunate 24:10
unfortunately 23:23
39:15
unidentified 5:15
13:14 14:5 18:22
43:7
unit 9:6 26:11
united 35:3
unrelated 5:5
unsafe 13:20
urge 39:8
use 7:3 17:11 18:2,5
22:25 25:15,16
26:21 29:3 33:9
34:1,1,8 40:9,19
user 29:18 30:9
users 28:17 31:2
33:8
uses 34:8 36:13
v
valid 22:20
valley 25:3
version 36:6
versus 23:25
victim 14:2
view 38:4,8,11
violation 26:22
violence 9:1
visiting 37:18
visual 12:17,18
vote 2:11,18 3:2,13
3:17,21 4:21 6:6,7
39:8 42:24,24 43:1
voting 4:20
w
wait 2:18
waiting 7:20 13:12
walls 9:19,20
wanna 20:3
want 3:21 4:3,15 6:3
6:24 7:22 17:4
19:24 20:9,17 21:12
28:8 29:24,25 30:7
31:9,11 32:18 33:5
33:11 36:14,16
wanted 13:1 21:24
30:1 35:6
wanting 21:17
wants 14:8 24:14
war 19:24
warrant 17:24
water 21:7 31:13
way 2:12 4:20 12:8
25:17 28:23 30:21
33:1 40:18
ways 33:16
we've 2:23 15:15
17:15 23:10 25:3
27:6 36:11
weed 19:22
week 5:25
weeks 5:4,6,13,18
30:12
weird 14:16
welfare 17:16
went 11:3 35:8
western 35:2
whereof 44:13
white 30:1,1
willing 5:3,25
wondering 31:13
41:14,20
work 12:8 41:8 43:2
workers 17:16
working 15:6
worth 36:24
wounds 12:17,18
writing 17:21
wrong 41:2
x
xiong 3:19,20 4:9
5:22 6:18 33:18,19
33:24 34:6,11,15,19
34:25
y
yard 20:14 38:9
yeah 3:4,5,5 5:3 6:9
23:23 27:7
year 5:11 9:5 10:2
11:2,12 15:10 23:20
37:9 38:2,22
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yolanda 18:19,19,23
youth 19:3
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City Council inutes

arch 20, 2014
The City Council met in regular session at the hour of 1:30 P.M. in the Council Chamber, City Hall,
on the day above written.
1:35 P.M. ROLL CALL
Present
Oliver Baines Ill

Lee Brand
Paul Caprioglio
Clinton Olivier
Sal Quintero
Blong Xiong
Steve Brandau
Acting Council President - arrived shortly thereafter

Councilmember
Councilmember
Councilmember
Councilmember
Counalmember
Council President
Also Present:
Bruce Rudd
Renena Smith
Doug Sloan
Yvonne Spence
Todd Stermer
City Manager
Assistant City Manager
City Attorney
City Clerk
Assistant City Clerlc
Invocation by Pastor Bill Chaney of the Valley Christian Center

Pledge of Allegiance to the Flag
Ceremonial Presentations:
Proclamation of "READING AND BEYOND DAY" - Mayofs Office & All Councilmembers - Read
Approve Council minutes of February 27, 2014 and March 6, 2014
Action Taken:
APPROVED AS SUBMITTED
Motion I Second:
Ayes:
Noes:
Absent:
CouncHmember Olivier I Councilmember Caprioglio

Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
None
Baines
Approve Successor Agency minutes of March 6, 2014

Action Taken:
Motion I Second:
Ayes:
Noes:
Absent:
March 20, 2014
Councilmember Caprioglio I Councilmember Xiong

None
Baines
Page1
00099
Councilmember Reports and Comments
MADE
Action Taken:
Councilmember Xiong discussed: Dr. Sudarshan Kapoor's 80th Birthday and recognized him for his
many years of community service; the Friday deadline for accepting roughly two-million dollars in fire
grants.
Councilmember Caprioglio thanked City Manager Rudd for giving him time to discuss the code
enforcement team and lhe action that look place at B Dorado Park.
Approve Agenda
Action Taken:
APPROVED
Motion I Second:
Councilmember Caprioglio I Councilmember Olivier

Ayes:
None
Baines
Noes:
Absent
Adopt Consent Calendar

Action Taken:
ADOPTED
Councilmember Xiong moved Consent Item 1-C, regarding an agreement with Fresno County to
subsidize expenses related to American Avenue landfill, to Contested Consent for further discussion.
Cou11C11memberOlivierstepped out of the Council Chamber at 1:50 P.M. and returned at 1:53 P.M.
Motion I Second:
Ayes:
Noes:
Absent
Councilmember Caprioglio I President Brandau

Brand, Caprioglio, Quintero, Xiong, Brandau
None
Baines, Olivier
1. @NSENT CALENDAR!
A.
RESOLUTION - To approve the Final Map of Tract No. 5599, accepting dedicated public
uses therein except for dedications offeied subject to City acceptance of developer
installed required improvemems (east side of N. Polk Avenue between W. Gettysburg
Avenue and W. Shaw Avenue) (Property located in District 1) - Public Works
Department
Action Taken: RESOLUTION 2014-48 ADOPTED
B.
Actions pertaining to lhe summary vacation of portions of San Joaquin, Broadway and
Calaveras Street (Property located in District 3) - Public Works Department
1.
Adopt the addendum to the Mitigated Negative Declaration prepared for
Environmental Assessment No. C-11-163/C-12-002ff-6015
ADOPTED
RESOLUTION - Ordering the summary vacation of the northeast 4 feet of
Broadway Street between San Joaquin and Calaveras Streets, the southeast 4 feet
of San Joaquin Street nol'lheast of Broadway Street, and the northwest 4 feet of
Action Taken:
2.
March 20, 2014
Page2
00100
Calaveras Street northeast of the Broadway Street, and directing the City Manager
to execute on behalf of the City a Grant Deed in favor of the adjacent owner for the
vacated area
D.
Actions pertaining to Digesters 5 and 11 cleaning at the Fresno/Clovis Regional

Wastewater Reclamation Facility (Property located in District 3) - Department of Public
Utilities
1.
Adopt a finding of Class 1 Categorical Exemption, pursuant to Section 15301(b)
(existing facilities) of the California Environmental Quality Act Guidelines
Action Taken: ADOPTED
2.
Award a $259, 141 contract to JND Thomas Co., Inc., of Riverdale, California
Action Taken: AWARDED
E.
Award a contract in the amount of $243,315 to D.H. Williams Construction, Incorporated,

to furnish and install a water traveling screen at the City of Fresno's Leaky Acres
Groundwater Recharge Facility located at 4111 N. Winery Avenue (Property located
in District 4) - Department of Public Utilities
1.
Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures) of the
California Environmental Quality Act Guidelines
2.
Award a contract in the amount of $243,315 to D.H. Williams Construction,
Incorporated, to furnish and install a water traveling screen at the City of
Fresno's Leaky Acres Groundwater Recharge Facility located at 4111 N. Winery
Avenue
F.
Actions pertaining to the demolition of Building T-262 at Fresno Yosemite International

Airport (Property located in District 4) - Airports Department
1.
Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301
(1)(3)/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA)
Guidelines for the demolition of Building T-262 at Fresno Yosemite International
Airport
2.
Award a construction contract in the amount of $316,379.20 to American Integrated
Services, Inc., of Wilmington, California for the demolition of Building T-262 at
Fresno Yosemite International Airport (FAT)
G.
Actions pertaining to amending the Fresno Municipal Code relating to shopping carts
1. BILL NO. B-15 - (Intro. 31612014) (For adoption)-Amending Article 31, Chapter9
of the Fresno Municipal Code relating to abandoned shopping carts - Police
Department and Council President Brandau
Action Taken: ORDINANCE 2014-18 ADOPTED
March 20, 2014
Page3
00101
2. *
BILL NO. B-16 - (Intro. 31612014) (For adoption) -Amending Section 5-502 of the
Fresno Municipal Code relating to shopping carts in City parks - PARCS and
Council President Brandau
~ONTESTED CONSENT CALENDAR!

C.
Authorize the City of Fresno to enter into an agreement with the County of Fresno to
subsidize expenses related to the facilitation and negotiation of successor agreement to
American Avenue Landfill - Department of Public Utilities
Action Taken: AUTHORIZED
The following member of the public spoke on this item: Richard Caglia.
Motion I Second:
Ayes:
Noes:
Absent
2.
Councilmember Xiong I Councilmember Caprioglio

None
Baines
!GENERAL ADMINISTRATIONj
A.
Actions pertaining to the Chestnut Avenue overlay project from Jensen Avenue to Union
Pacific Railroad (Property located in District 5) - Public Works Department
1.
Adopt finding of a Categorical Exemption per staff determination, pursuant to Class
1 Section 15301 (c) of the CEQA guidelines, for the Chestnut Avenue overlay project
from Jensen Avenue to Union Pacific Railroad
Action Taken:
ADOPTED
2.
Award a construction contract to Dave Christian Construction Company Inc. of
Fresno, CA in the amount of $588,096.32 for the Chestnut Avenue overlay project
Action Taken:
AWARDED
Motion I Second:
Ayes:
Noes:
Absent:
B.
Councilmember Quintero I Councilmember Caprioglio

None
Baines
Actions pertaining to a lease agreement for hangar and ramp space at Fresno Yosemite
International Airport (Property located in District 4) - Airports Department
1.
Adopt a finding of Categorical Exemption pursuant to Article 19, Section15301 (a)
and (d) I Class 1 (Existing Facilities) of the California Environmental Quality Act
(CEQA) Guidelines to authorize lease Amendment 9 with SkyWest Airlines Inc. at
Fresno Yosemite International Airport
Action Taken:
ADOPTED
llllarch 20, 2014
Page4
00102
2..
Approve Lease Amendment No_ 9 to the lease belween the City and SkyWest
Airlines, Inc_ related ID leasehold boondaly ll'l10dfica!ion at Fresno Yosemite
lnlemalional Airport with oo change in compensallion (FAl)
Adicn Talr-.:
APPROVED
Motion I Second:
Ayes:
Noes:
Absent
Cooncilmember Caprioglio I Counci1member Olivier
Brand, Caprioglio, O!Mer, Quintero, Xiong, Brandau

None
Baines
Acting Pntsident Baines Arrived - 2:08 p .Jill.
C.
Approve a consullant agreement in the amoont of $300,534 with Provost and Pritchard
Engineering Group, Inc., a Fresno-based Caliomia OOipl)lation for design and
engineering services for FAX transit shelters and 1da1ed amenities in 1he Coorlhoose
Parle area - Department of Transportation (FAX)
Action Talr-.: APPROVED
Motion I Second:
Ayes:
Noes:
D. "
Acting President Baines I Councilmember 01Mer

Baines, Brand, Caprioglio, O!Mer, Quintero, Xiong, Brandau
None
RESOLUTION-3n:I amendment to Position Aulhorizalion Resolution PAR No. 2013-99

adding fifteen (15} Bus Driver positions to the Department of Transportation {FAX)
Action Talren: CONTINUED TO APRll 3, 2014
The following members of 1he public spoke on this ilem: Mike Well, Luffy Bailey, Geoige
Hostetler
Motion I Second:
Ayes:
Noes:
Cooncilmember Brand I President Brandau

Baines, Brand. Caprioglio. O!Mer, Quintero, Xiong, Brandau
None
4.. !CLOSED SESSIOijj

The City Council met in closed session in Room 2125 from 2:47 P.M. to 3:10 P.1111. to disouss lhe
following:
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Govemment Code Section
54956.8
Properties: APNs 418-261-22 (portion), 418-262--06 (p!rioo}, 418-262--09 (portion), 418261-21 (portion), 418-261-26 (portion}, 418-262-02 (p!rioo). 418-262--05 (portion), 418262-10 (portion), 418-262-12 (portion), 418-262-11(p!rioo),418-262--06 (portion}, 418261-19 (portion). 418-262-04 (portion)
Negolialil19 Parties: City Manager Bruce Rudd
Under Neaofiation: Price and Terms of Payment
Adicn Talren:
CONFERENCE BEGAN ANO CONTINUED TO I.ATER IN THE DAY

Pages
00103
Council began discussing this item but took a break to hear the remaining Scheduled and
General Administration items.
No announcement was made.
!SCHEDULED COUNCIL HEARINGS AND MATTERS/
3:00 P.M.
Bill- (For introduction) - Repealing Article 21 of Chapter 12 and adding Article 21

of Chapter 12 prohibiting cultivation of marijuana in all zone districts within the CityPolice Department
Action Taken:
BILL 8-17 INTRODUCED AND LAID OVER
The following members of the public spoke on this item: Keith Clement, Eynestina
Luciano, Andreas Borgeas, Brenda Linder, Yolanda Espano, Barbara Hunt and,
Melody Anthony.
Motion I Second:
Ayes:
Noes:
2.
President Brandau I Councilmember Brand

Baines, Brand, Caprioglio, Quintero, Xiong, Brandau
Olivier
!GENERAL ADMINISTRATION CONTINUEDj
E.
Award a contract in the amount of $1,481,230 to Parsons Brinkerhoff, Inc. (PB) for a
revised FAX Q Bus Rapid Transit (BRT) project management services agreementDepartment of Transportation (FAX)
The following members of the public spoke on this item: Sarah Sharpe, Susie RicoVasquez, Dave Herh, Sophia DeWrtt. Jeremy Ritter, Tony Oliva, Barbara Hunt, Rick
Steitz, Mike Wells, James Thompson, Elliana (last name not provided}, Luffy Bailey and,
Maria Pacina
Councilmember Brand clarified, for the record, that there was nothing in the grant that
would require continued operation of the Bus Rapid Transit system beyond the initial three
year period so the City could discontinue the project if there were losses or if the
additional costs could not be justified. City Manager Rudd confirmed Councilmember
Brand's statement and added that he would ensure the grant agreement language would
reflect the city's ability to decide where or what service to cut in the event of an economic
downturn or inability to fund the proposed service levels.
Councilmember Quintero clarified, for the record, that the B.A.T. lanes which had
previously been removed from the Bus Rapid Transit project were not part of the current
implementation. City Manager Rudd confirmed Councilmember Quintero's statement.
Motion I Second:
Ayes:
Noes:
March 20, 2014
Councilmember Olivier I Councilmember Brand

Baines, Brand, Caprioglio, Olivier, Quintero, Xiong
Brandau
Page&
00104
!UNSCHEDULED COMMUNICATIOij
Upon call, no members of the public addressed Council wi1h unscheduled communication.
3.
JCITY COUNCILi
4.
lCLOSED SESSION CONTINUED!

The City Council met in closed session in Room 2125 from 5:40 P.M. to 7:10 P.M. to discuss the
following:
B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Government Code Section
54956.8
Properties: APNs 418-261-22 (portion). 418-262-06 (portion), 418-262-09 (portion), 418261-21 (portion), 418-261-26 (portion), 418-262-02 (portion), 418-262-05 (portion), 418262-10 (portion), 418-262-12 (portion), 418-262-11 (portion), 418-262-08 (portion), 418261-19 (portion), 418-262-04 (portion)
Negotiatina Parties: City Manager Bruce Rudd
Under Negotiation: Price and Tenns of Payment
Action Taken: CONFERENCE RESUMED AND CONCLUDED
A. CONFERENCE WITH LABOR NEGOTIATOR- Government Code Section 54957.6
Citv Negotiatorfs): Jeffrey Cardell, Ken Phillips
Employee Organizationfsl:
1. City of Fresno Management Employees Association (CFMEA)
2. City of Fresno Professional Employees Association (CFPEA)
3. IUOE, Stationary Engineers, Local 39 (L39)
4. Fresno City Employees Association (FCEA)
5. Fresno Police Officers Association (FPOA Basic)
6. International Association of Firefighters. Local 753 (Fire Basic)
7. Amalgamated Transit Union, Local 1027 (ATU)
8. International Brotherhood of Electrical Workers, Local 100 (IBEW)
9. Fresno Police Officers Association (FPOA Management)
10. International Association of Firefighters, Local 753 (Fire Management)
11. Fresno Airport Public Safety Supervisors (FAPSS)
Action Taken:
HELD
ADJOURNED - 7:10 P.M.
March 20, 2014
Page7
00105
TAB8
00106
1
2
3
4
5
6
7
TRANSCRIPT OF:
Excerpts of
City of Fresno City Council Meeting
10
March 27, 2014
11
12
13
14
15
16
17
18
19
20
21
22
23
Reported by:
Miriam Baltes, CSR #9704
24
25
Pages 1 - 49
Page 1
866 299-5127
00107
MARCH 27TH, 2014
* * *
3
4
5
(29:27)
Now we're on to the
adoption of today's consent calendar.
this up to the public first; is that correct?
8
9
10
11
12
I'm going to open
So any members of the public would like to

address anything on today's consent calendar.
Yes.
Oh, now, did you turn in any cards?
It was
for consent calendar.

All right then.
Then let me work through the
13
order that they're in as long as it's something on the
14
consent calendar.
15
16
17
18
So, Michael Green, I think you're up.

MR. GREEN:
Good morning, honorable Councilmembers and
Council President.
I'm informed by the clerk -- I had some written
19
comments to submit.
20
precludes that but I did have some written comments to
21
place in the record with your permission, sir.
22
23
24
25
I understand now there's a policy that
Can I take comments at
this time, written comments?

The Council policy is that
anything in writing has to be submitted 24 hours in advance

Page 2
866 299-5127
00108
1
2
3
of the item subject to the Council's discretion.

MR. GREEN:
CITY CLERK:
I don't, I regret that -I have it electronically I can send to
you all --
CITY CLERK:

councilmembers think?
11
24 hour mark or stick with the -UNIDENTIFIED COUNCILMEMBER:
13
CITY CLERK:
16
17
18
19
24
25
We need a consensus.
It's -- I believe it's for the mayor -Motion to accept.

Okay.
Second.
We have a motion to accept
and a second.
21
23
I'm okay with it.
Sticking with the rules, you guys have any --
15
22
What do you -- what do you
Allow him to hand us this inside the
12
14
Okay.
-- if you'll accept it.
10
20
And do you have
copies for all of us?
Okay.
Let's take a vote.

That's one way to find
out if there's consensus.

All in favor of accepting,
say "I."
Page 3
866 299-5127
00109
COUNCILMEMBERS:
I.
COUNCILMEMBERS:
And the noes have it.
So we're not going to be able to accept that.
All opposed?
Nay.
Nay.
We
have a rule that it just goes on and on, so you can turn
that in and we will all get it but it won't be -- it won't
be listed in the minutes today.
10
MR. GREEN:
Then with your forbearance, I know there's
11
a three minute limit and I'm not going to be able to go
12
through six pages in three minutes, and I've probably gone
13
part of that now.
14
15
16
There's your three minutes
and give us your best stuff.

MR. GREEN:
The best stuff is a proposed ordinance to
17
ban all cannabis cultivation is problematic for several
18
reasons.
19
Board of Supervisors on Tuesday but you saw the first
20
iteration of how it works and it's not a surprise to me
21
that they found a Southeast Asian family out in the sticks
22
and stuck them with a $43,000 fine and the property owner,
23
who was dear old mom in that case, and the other case was
24
out of Carmen and they stuck the absentee property owner
25
with a fine on that as well.
I don't know if you watched the Fresno County
Page 4
866 299-5127
00110
The way that you adopt land use ordinances is
critically important and the history of this body in doing
it has been very poor.
years ago at this point, 2011, with an urgency ordinance
that prohibited outdoor cultivation and collective
cultivation and dispensaries.
permanent ban 2012, dash, '13 which was adopted with some
-- at least with a Planning Commission hearing and you
treated it as a text amendment and that is exactly what the
You started two years ago -- three
You followed it up with a
10
ordinance before you today is, a text amendment to the
11
zoning code, and yet you didn't bother to take it to the
12
Planning Commission this time around.
13
an environmental assessment and you are here today to pass
14
not only the ordinance but also the CEQA exemption.
15
You didn't prepare
And so it's probably water under the bridge at
16
this point, but I can tell you I'm the litigant in the
17
lawsuit against 2012, dash, '13.
18
you that there is a lawsuit against it.
19
It may be news to some of
I predict if you pass this today that there will
20
be more lawsuits and you're actually giving me a gift
21
because when I say you violated the California
22
Environmental Quality Act last time around, meanwhile the
23
deputy City Attorney has been around that a couple times
24
and you actually got a ruling out of a judge that said I
25
was time barred.
You're actually doing me a favor by doing

Page 5

866 299-5127
00111
this and jumping around CEQA again because you're giving me
a fresh cause of action.
The bottom line is it's been a reminder to me
just how much power local government has to regulate land
use and to attempt to regulate human behavior and I think
we're at a tipping point now where if you have hundreds of
gardens that are being prosecuted even though there's a
outdoor growing ban in place and if this County is going
out there trying to rip gardens in the enforcement of a
10
purportedly civil code enforcement, I don't know any better
11
definition of police state that there is.
12
We can't throw people in jail as readily as we
13
used to for growing cannabis and the theory before you now
14
is that you can fine them into compliance.
15
you that there are due process considerations with that.
16
Last time you passed the outdoor growing ban your City
17
Attorney at the time said there were constitutional
18
concerns that come with bringing officers into your home on
19
a civil violation and attempting to enforce it.
20
And I will tell
So in short I do not believe you followed CEQA
21
and I do believe it is unfortunate on any number of levels
22
the policy consideration you're taking under today.
23
24
25
Thank you.
Thank you, Michael.
You
actually did a very good job in those three minutes.

Page 6
866 299-5127
00112
1
2
All right.
MR. PAYTON:
Next, Derek.
Good morning.
Six years ago I was diagnosed with adult onset
asthma.
Over the course of a couple years I have been on a
number of inhalers, nothing negates my asthma symptoms like
vaporized cannabis.
Up to this point growing my own cannabis has been
a safe and legal way for me to get the medicine I need.
understand your position that you need to go after these
10
illegal grows that go into homes, knock down walls, do
11
property damage and make things unsafe, but that negatively
12
affects patients like me and many others.
13
Why can't we work together to come to a
14
reasonable solution?
15
department the tools they need to go after the large
16
illegal grows while still respecting the rights of cannabis
17
patients to grow their own medicine to get the medicine
18
they need?
19
Why can't we give the police
That's all I have.
20
21
James, James R. Hull.
22
Okay.
23
24
25
Thanks, Derek.
Is James in the room?
Joseph Sheridon.
MR. SHERIDON:
Good morning, Councilmembers.
I'm here on behalf of several individuals that I

know personally that rely on medicinal marijuana for
Page 7
866 299-5127
00113
treatment of a variety of ailments.
into the details of all of the maladies that medical
marijuana addresses.
I'm not going to go
I happen to be a recovering addict with over ten
years clean and sober, I'm also a certified alcohol and
drug counselor.
have been adversely affected by much harder illicit drugs,
not to mention prescription painkillers.
So I've worked directly with people who
It's my belief that medicinal marijuana
10
entirely -- an entirely acceptable form of prescribed
11
medication for people who need it for a variety of
12
ailments, especially for those whose alternatives are
13
expensive and debilitating prescription narcotics to treat
14
those ailments.
15
The main argument for the ban seems to be the
16
increase or incidence of criminal activity involving larger
17
grow operations, but the majority of the people in
18
opposition of this ban are law abiding citizens who seek
19
only to grow for their private medicinal use.
20
take advantage of the privilege and they want to avoid
21
illegal purchasing of illicit street marijuana where they
22
have no control over its content in regard to chemical
23
inclusion or alteration of the product and they just want
24
to be able to grow organically and produce cannabis for
25
their own treatment.
They don't
Page 8
866 299-5127
00114
I would ask that a compassionate look further
into the actual criminal numbers as they compare to, say,
liquor or convenience store robberies that also have a
violent component in order -- is in order because in
comparison when we fear the fact that there are violent
acts and/or violent crimes surrounding these grows, the
number is relatively low when we compare them to other
criminal activity that's similar.
I would argue that stringent regulation of small,
10
private gardens is indeed in order to try and insure
11
compliance with reasonable regulations, but to punish the
12
whole for the transgressions of the few is unfair and
13
biased.
14
Surely there are those who defy the systems in
15
place and try to circumvent the law, but this is true of
16
many similar criminal enterprises.
17
to cheat the systems like Welfare, housing assistance, tax
18
evasion and insurance fraud to name a few.
19
People who find a way
We have to be realistic and be compassionate
20
towards people as we're talking about people who are coping
21
with pain, coping with the inability to eat.
22
situation that warrants a further look before you ban all
23
of the grow operations that are there for individuals.
24
Certainly the larger grow operations are an adverse
25
situation that you have to deal with and absolutely should
It's a
Page 9
866 299-5127
00115
be addressed, but smaller grow operations for people that
are addressing strictly their individual need to medicate
themselves for their disorders should be allowed as long as
they're practiced within the safe limits of the parameters
you establish.
6
7
Thank you.
8
9
Thank you, Joseph.
Joan Byrd.
MS. BYRD:
10
I just would like to say that I am a 67-year-old
11
grandmother.
12
enforcement, I worked for Fresno County Sheriff's
13
Department.
14
working for them and as a result I have a lot of residual
15
things from it.
16
able to get relief from my pain is with the use of
17
cannabis.
18
I live with chronic pain.
I am retired law
I was electrocuted in my position when I was
I have found that the only way that I am
This last year is the first time that I have ever
19
grown marijuana and I live within the city limits and I --
20
I -- the fear of being arrested -- because I worked in law
21
enforcement, I don't want to be on that side of the fence.
22
But I also need it as a medication.
23
being arrested, losing my home that I have fought so hard
24
to keep, is overwhelming and I just would really, really
25
appreciate it if you would take into consideration before
And so the fear of
Page 10
866 299-5127
00116
you vote to ban this that for people like myself, I'm just
a grandma.
cause -- create problems for law enforcement or for anyone,
but I need this as a medication.
I don't want to break the law.
I don't want to
It's the only thing that I have found that does
help me.
all the addictive drugs and I have been.
marijuana came into play for me, which has been a year that
I've been smoking marijuana, I have found that I have
10
I could be on four or five or six Vicodin, Soma,
relief from my pain.
11
And when
I can function as a normal person.
I don't drive when I'm under the influence, I
12
don't think it should be -- people should drive.
13
it should be treated just like alcohol.
14
15
16
17
I think
Is that my -COUNCIL PRESIDENT BRANDAU:
No, you have a full
minute.
MS. BYRD:
Okay.
Anyway, I'm just asking that you
18
please consider before you vote to outlaw it for us people
19
that are growing a very small amount in my backyard.
20
it, I did everything that I was required to do by the law
21
and I would like to be able to continue that.
22
to break the law and I don't want to create any problems
23
for anybody, but I know that it's very, very important to
24
me and my health and my well-being and I would really
25
appreciate any consideration that you can give me.
I hid
I don't want
Page 11
866 299-5127
00117
1
2
Thank you very much.

3
4
Shannon Luce.
MS. LUCE:
Thank you, Joan.
Shannon?
Cannabis and medical marijuana has been an issue
with Fresno County and City for several years now.
And
over the years with everything that's been going on I've
been wondering, you know, is this -- are these decisions
made out of ignorance or cruelty?
Well, I know that you
10
guys are all educated people so surely it's not ignorance,
11
it's -- you know, there's plenty of stuff in the media now
12
with the benefits of cannabis -- sorry.
13
the thought that it's just cruelty, I mean, what's going on
14
with the patients in Fresno County and the city.
15
So I come down to
You know, this is a medical and human rights
16
issue now.
17
our nation and around the world towards legalization.
18
is a safe, non-toxic plant compared to everything else on
19
the market.
20
said this morning, you got prescription drugs killing
21
people every day, you got alcohol killing every -- people
22
every day.
23
It is definitely leaning in the trend across

It
Like many of the other people have already
I just ask that you reconsider this ban today.

Thank you.
24
25
And Diana Kirby.
Thank you.
Page 12
866 299-5127
00118
1
2
MS. KIRBY:
Good morning, my name is Diana Kirby and
I'm a resident here in Fresno.
In 2008, I believe, I fought very hard to get the
County to give us our medical marijuana cards which was our
right and had been our right for many, many years.
the people of the state of California voted to have medical
marijuana be legal in our state.
8
9
I was born and raised in California.

injured in California in 1972.
In 1996
I was also
They said I would never
10
walk again.
I was on all kinds of pharmaceutical
11
medication.
I became allergic to everything one after
12
another.
13
Tylenol or anything else that comes over the counter.
14
allergic to all pain medication that's out there in
15
prescription-wise.
16
in the hospital without any pain medication at all, all I
17
had was my marijuana.
18
have a volcano, which is a vaporizing system, and by using
19
that they let me use that in the hospital for my pain.
20
At this point I can't even take an aspirin, a

I'm
I had my leg amputated here in Fresno
I used cannabis in the hospital.
That's the only thing that I can use for pain.
21
am in chronic pain all the time.
My back was broken in
22
three places.
23
with you because it goes on for years.
24
surgeries on my leg in the first three years I was in a
25
hospital bed, then I was in a wheelchair and I've been up
I don't want to go through my whole history

But I had 14
Page 13
866 299-5127
00119
on crutches and wheelchairs ever since.
This is not right.
I cannot grow, I'm not
physically able to grow my own.
I can't buy it in a
dispensary because you closed them all.
it anyway.
funds.
was growing for me.
me.
the chance to buy something on the street or from somebody
I couldn't afford
I'm on a fixed income and I don't have the
I grow my own, I was growing -- my brother actually

He is no longer here, nobody to help
I am so allergic to all pesticides that I can't take
10
I don't know.
11
kill me.
12
and die from chronic pain because I won't be standing up
13
here, I will be laying flat on my back in a bed.
14
If it's not been organically grown it will
And if I don't have it, I am going to wither away
And I -- you can ask some of the people, when you
15
guys closed all the dispensaries and everything went down,
16
I got very sick until somebody stepped up to help me.
17
that person's gone out of my life too.
18
what I'm going to do and you guys are -- you're killing me.
19
You and the County are killing me.
20
would but I can't.
21
22
MS. KIRBY:
Now
So now I don't know
If I could leave here I
Thank you, Diana.
And I'm ashamed of all of you for trying
23
to take away our civil rights.
I'm ashamed of you.
I'm 72
24
years old and I am so ashamed of all of you for not having
25
any compassion or any -- any -- any anything for the rest

Page 14
866 299-5127
00120
of the people.
world who is allergic to all the pharmaceuticals.
3
4
I know that I am not the only person in the
Dustin Lowery, is Dustin
in the room?
MR. LOWERY:
A lot of new faces on this board.
Some
of you I -- Sal, I remember you.
Lee Brand, I think you're
pretty new.
You're a new guy.
Oliver Baines, we had a little thing
there on Twitter.
You actually responded to me, which I
Paul Caprioglio, you're from my district.
10
actually appreciate as a leader, you know, that takes a lot
11
of courage to put yourself out there in front of people on
12
social networking, you know.
13
Besides that, before I actually start my minutes,
14
if you guys don't mind I'd like to ask if it isn't too much
15
of your time --
16
17
18
No, you're 24 seconds into
it.
MR. LOWERY:
If you don't mind I'd like to ask if I
19
don't ask -- I'd like to propose a question to all of you
20
before I start my minutes just to insure that I'm not
21
wasting your time and you're not wasting my time.
22
that -- or is that too much to ask of my elected
23
representatives?
24
25
Is
Well, it's just -- it's
just not the way it works but it's fine to ask.
But we're
Page 15

866 299-5127
00121
not going to be able to answer questions now.
MR. LOWERY:
MR. LOWERY:
Well, okay then.
What's that?
Can I get a motion?
You are public servants; correct?
What you can do is ask a question --
MR. LOWERY:

to two minutes.
11
respond when we have a chance.
13
14
15
MR. LOWERY:
I never started my public comments just
to say for the record.

When you stepped up to
that microphone, you started your public comments.

MR. LOWERY:
17
Just for the record I never started.

All right.
That's fine.
Now you're down to a minute 50 seconds.
19
Security, get ready.
20
MR. LOWERY:
21
22
MR. LOWERY:
23
24
MR. LOWERY:
25
You're -- now you're down
You can ask your question and we can
16
18
It doesn't look like it.
You do serve people; correct?
10
12
Can I get a motion?
You're going to call security on me?

I'm just saying.
Why would you call security on me?

I didn't call security.
You just warned security that I was a
threat.
Page 16
866 299-5127
00122
1
2
3
I told him to get ready to
do his job.
MR. LOWERY:
I don't understand -- the reason why I
want to propose this question to you is because we could --
if I -- if we went into Council for a week, for hours, a
year maybe and spent as much time as a lot of these
dedicated citizens here in this - in these seats right here
spend every day educating themselves on these very topics
that you have no care for, you just specifically -- and you
10
read and do exactly as law enforcement tells you to.
11
have no say, no say at all.
We
12
And the law enforcement -- the California state
13
law enforcement, they come down and they hand you federal
14
law enforcement and say "This is the way it should be
15
because we need to insure our funding."
16
law officers out of a job, that would be bad for business;
17
right?
18
baby out with the bath water.
19
It doesn't make sense.
You can't put any
You guys are throwing the
You're not paying attention here.
You guys are
20
going to look back at all your legacies back in the future,
21
you're going to look back and see you were on the wrong
22
side of history and that all these crazy heretics out here
23
in the -- out here are all on the right side of history and
24
that we sat here and we told you "Hey, why are you so
25
afraid to change?
Why don't you embrace it?"

Page 17

866 299-5127
00123
We need leadership.
We need leaders, people to
lead us to the promised land, okay, to more prosperity,
that's what we need, right, equality.
here forcing discrimination and embracing discrimination
and forcing it upon all these people?
they're sick, they're ill.
Why are you sitting
Not only that,
Do you think I'm up here for my personal -- my
personal gain?
speak.
I'm here to speak for those who can't
Those like Diana Kirby, who I haven't seen in
10
years, and she's up here, walked up here to represent for
11
all of this and you sit here and just walk -- and laugh us
12
off like we're nothing.
We're not criminals.
13
14
MR. LOWERY:
15
We put you here.
16
17
And we are -- we are your constituents.

Okay?
Remember that.
Uh-huh.
All right.
Thanks, Dustin.
18
MR. LOWERY:
19
20
MR. LOWERY:
21
Thanks, Dustin.
Just remember that.
Okay?
We got it.
Because -- can you answer that question
for me?
22
23
MR. LOWERY:
24
25
MR. LOWERY:
Dustin, your time is up.
Can you answer the question for me?

I'm -- I don't --
If we sat here in Council -Page 18

866 299-5127
00124
MR. LOWERY:
If we sat here in Council for hours,
would you -- would it change your mind?
4
5
SECURITY GUARD:
You had your time.
MR. LOWERY:
You need to sit
down.
Dustin, your time is up.
Thank you, sir.

Rick, Rick Morse, you're
up now.
MR. MORSE:
Thank you guys for allowing me to speak,
10
Mr. President and City Council, members of the City
11
Council.
12
Is this thing on?
13
14
MR. MORSE:
All right.
Yeah.
I'm going to try to be brief.
15
Normally the story I tell you guys takes about seven
16
minutes.
17
have a lot of time here today.
I'm going to cut it into three because I don't
18
A couple years ago in a land not so far away from
19
here we had a public meeting such as this and it was a very
20
heated debate and as I left the meeting I remember thinking
21
the words "Nazi" and things like that.
22
point in a second.
23
I'll get to the
When I was in the parking lot, I had a member of
24
somebody that could have been your staff approach me in the
25
parking lot and initially I thought this person was going

Page 19
866 299-5127
00125
to punch me in the mouth because I had been quite rude
about the person in public on the record.
person finally approached me and asked to have a
conversation with me, they looked me straight in the eye
and asked to speak off the record.
to give you guys this story here today and the last time I
told it in front of the City Council I had to get
permission to tell it then too because I gave my word I
would not reveal the person.
And when this
I had to get permission
10
Anyway, this staff member came up to me in the
11
parking lot and told me that their sister had cancer and
12
asked me if I would be their caregiver.
13
promise not to tell anybody because they were so afraid
14
that if their bosses found out, which would be you guys,
15
that they would somehow be fired or somehow they'd be
16
ostracized or somehow they wouldn't get a promotion.
17
this day I've never revealed the name of that person and I
18
won't until I get permission.
19
They made me
To
But I'd like you to understand what is happening
20
here.
Maybe a knee jerk reaction or maybe an afterthought,
21
but there are some real people here that are being hurt.
22
There are abuses to it, but you guys have the opportunity
23
to do something different than what you're doing now.
24
knee jerk reaction saying that you're not going to allow it
25
at all, it's a violation of federal law -- or state law
Page 20
866 299-5127
00126
that protects me.
me.
It protects me, it's supposed to protect
And why I'm here today is because there are
patients out there that could not attend.
patients out there that are too sick to be able to appear
here today.
enough to stand in front of you today, but it doesn't mean
that I will be in that condition forever.
that you'll take these words to heart today because I may
10
There are
I'm lucky enough to be able to be healthy
So I'm hoping
not be able to appear before you in the future.
11
And I got about 42 seconds and I think I'll yield
12
my time because I don't really have a lot more to add other
13
than the fact that I did attend this person's funeral and
14
it was one of the most therapeutic things I had ever done
15
because I realized that the people that were reeling
16
against me weren't necessarily my enemies.
17
to understand that the people that make you guys look good,
18
they're the same people that we service out here in the
19
community and they're scared to death to talk about it
20
publicly and that's why I'm here today.
21
22
23
And I want you
Thank you very much for your time.

Thank you, Rick.
There was a guy that turned in a card earlier and
24
I called his name and if he came back in the room, it's
25
James R. Hullgems or something like that.

Page 21
866 299-5127
00127
MR. HULLGEMS:
MR. HULLGEMS:
Hi, how are you?

Good morning, James.
I'm a disabled veteran, PTSD, cannabis
works for me.
The bottom line to this, this Council needs to
understand these people are not your subjects.
You know as
well as I do the community standard convolutes the law.
That is to say these people have a right and a voice.
they come together and vote, whether they vote "yea" or
When
10
"nay," it's their decision.
11
convolutes the vote, you're breaking the law.
12
out here and don't give these people a chance to comply and
13
you're charging them, on one case $45,000, you're not
14
representing my people.
15
If the community standard

When you go
I've worked as a federal employee here in Fresno
16
County most of my life with the postal service.
I was a
17
lifesaver, okay.
18
aisle.
19
subject.
20
terribly wrong with Fresno County and I believe it's right
21
here in this room.
22
gentlemen are not -- and ladies are not representing the
23
greater populus.
24
allowed to convolute the law, that is to say all these
25
people decide what they want, you're breaking the law.
We're still asking your side of the
What happened in 9-11-2001 and I'll stay on the

The truth of the matter is this:
Something is
The truth of the matter is you
If the community standard respectfully is
Page 22
866 299-5127
00128
That is not representative government and I'll say that to
anybody any time anywhere.
Have a nice day.
You're wrong.
Okay?
Thanks, James.
Now, would any other members of the public -- I'm
out of cards, but would any other members of the public
like to come up and comment?
8
9
10
11
Come on, sir.

MR. HAWKMAN:
My name is Shawn Hawkman.
I just want
to thank you all for letting me speak.

I'm from Alabama.
I moved here four years ago.
12
I'm basically from the (inaudible) of the Bible belt.
13
won't find anybody with a stronger ethics or higher morals
14
than I have and the only moral thing that I see here is
15
y'all keeping these people from getting their medicines.
16
My wife and myself, we depend on cannabis.
17
You
I have a hereditary issue and my sister has it
18
also, she lives in Alabama still, and she has dropped down
19
to 80 pounds.
20
and I also have a mesh inside of my stomach that's holding
21
everything together, you know.
22
And we can't afford to buy anything.
23
to have any medicine at all, it's going to come from our
24
gardens and -- and there's a lot of other things going on.
25
I'm withering away, I can't take medications
I don't have any choice.

I mean if we're going
I mean whether you're for legalization, you know,

Page 23
866 299-5127
00129
it's going to be on the next ballot.
concede that it's on the way, but we have to protect
medical marijuana right now.
our streets pushing crystal meth and crack cocaine,
trafficking drugs, illegal grows in the state ports, the
attendance is going to drop, it's not going anywhere.
I see people looking at me like they're surprised that they
don't know that there's cartels working here in this area
right under your noses on your streets and boulevards.
10
Everybody here has to
We can't let the cartels run
And
Would you rather have us around your kids or the
11
cartel?
I mean I would ask you that, sir, I mean because
12
it's a matter of public record.
13
that I think that Chief Dyer said that there were 317
14
complaints last year regarding the cultivation of
15
marijuana.
16
your prior ordinance?
17
I mean when do complaints equal a public safety issue?
18
They don't.
19
that are going to have to struggle to find their meds and
20
when there's two state laws protecting that, why all the
21
work-arounds when you know it's going to be legal anyway.
22
So we got to protect marijuana and take a stand
And it's been brought up
How many of those gardens were not following

I mean is there a number for that?
The only public safety issue for these people
23
now because it doesn't have anything to do with
24
recreational and that is on the way.
25
for it, whether you're against it, you have to concede it
And whether you're
Page 24
866 299-5127
00130
because you know it's true.
2
3
And that's all I have to say and I thank you so

much for allowing me to talk.
MS. JUVAY:
Thank you.
Hi, my name is Susan Juvay and I wasn't
going to speak today because I too am afraid to be
identified as a cannabis patient, but I've had fibromyalgia
since I was eleven years old and I'm allergic to every
medication on the market just like she is.
And it cost me
10
a portion of my colon.
11
removed when I tried to use pharmaceuticals.
12
need to think about this.
13
I had to have 18 inches of my colon
I don't want to be a criminal.
So you guys
I don't want to
14
break the law.
I don't want to have to buy from gang
15
members.
16
the right to have a limited garden, less than 12 plants,
17
six mature, in a locked facility with a roof over it.
18
can come inspect our gardens.
19
certificates, come and inspect them and make sure that
20
we're following the rules.
21
away.
I don't want pesticides in my medication.
I want
You
If we have gardening
But don't take our medicine
22
Or are all of you going to pay for our medicine?
23
Because I have a friend who is -- her medication costs her
24
over $200 a month because she can't grow and, you know, I
25
can't afford that.
I'm not on the -- the train of getting

Page 25

866 299-5127
00131
benefits.
a dime.
medication costs no insurance company or no member of
society a dime.
don't provide to anyone else.
I don't cost a taxpayer
I request that you consider that and that my
Okay?
Because I provide for myself and I
So I hope you'll think about that.
8
9
I'm not on Disability.
Thanks, Susan.
Any other members of the public would like to

comment?
10
Come on up, ma'am.
11
MS. LUMSCOLA:
12
Morning.
My name is Andrea Lumscola and in 2001 I was
13
diagnosed with multiple sclerosis.
14
all different types of pharmaceutical prescriptions that
15
they felt were necessary for my health and well-being and
16
in taking those I lost a huge chunk of myself.
17
able to think clearly and speak the thoughts that were
18
running in my head.
19
drugs out of my system but I did start using marijuana
20
specifically to get rid of taking those medications.
21
pharmaceuticals were just not working for me, the marijuana
22
does.
23
My doctors handed me
I was not
It took me a few years to get those
But I live on a limited income.
The
I'm not able to
24
go out and buy it and anymore I don't know who to buy it
25
from.
All the dispensaries are closed.
I don't have the

Page 26

866 299-5127
00132
money to travel to San Francisco and Oakland to go there
for my medication.
Fresno County and I am registered to vote and I will
remember who's on our side.
I am a tax paying citizen here in
We're not asking for much, we're just asking for
what we had pass in the vote years and years ago.
It does
need to be tweaked, there needs to be some adjustments
made, but not at the risk of hurting the people that need
the medication.
It's just not fair to tell us that we have
10
to use pharmaceuticals.
11
substitute Marinol is just not as effective as the natural
12
plant.
13
Even the pharmaceutical marijuana
And I live in a very small area where I was able
14
to grow my own medication.
15
not able to function.
16
from you in your thinking in taking our right to grow our
17
plants ourselves and be able to go to dispensaries where
18
we're not dealing with scary people on the streets and
19
buying medications that may be tainted with things that are
20
harmful to us, we're not interested in that.
21
what we voted for.
22
If not for that I would be just
And I'm asking for some compassion
We just want
And soon enough it will change, the laws will
23
change.
It's turning already.
24
the news.
25
is not just some street drug.
You can see it if you watch
People are starting to understand that marijuana

It has been official.
But
Page 27
866 299-5127
00133
this is so reminiscent of way back in the day when they
outlawed alcohol and then they reversed it.
any medical use of alcohol.
different, and there's so many more things I'm sure that
can be found if the reins were loosened up a little bit so
scientists, whoever, would be able to get in there and find
these things that will help other people and you see it
happening if you're watching anything about it.
11
the other items on our consent calendar?

All right.
Then up here at Council, Clint, you
had punched in.
15
16
MR. OLIVIER:
I'd just like to register a "no" vote on
Item E, please.
17
18
19
consent calendar now -COUNCIL PRESIDENT BRANDAU:
21
22
Okay.
23
25
Councilman Quintero.
So are we dealing with the
20
24
Thank you.
Anybody else like to comment on this or any of
13
14
This is different, totally
Thank you for your time.
10
12
I don't see
Yeah.
-- at this time?
I wanted to pull Item E.
We're going to pull Item
E.
I've got some questions, yes.

Page 28

866 299-5127
00134
Okay.
Thank you.
We'll pull Item E.
Any other councilmembers?
All right then.
Let's vote on our consent
calendar with the exception of Item E that's been pulled
for discussion.
All in favor of our -- no, I need a motion.
10
11
Okay.
12
All in favor?
13
I.
So moved.
And a second?
Let's vote.
14
COUNCILMEMBERS:
I.
15
All opposed?
16
Motion passes 7-0 to adopt the consent calendar.
17
And now we're on to contested consent which is
18
Item E.
19
20
21
22
Councilman Quintero, you pulled that, if you want

to -COUNCILMEMBER QUINTERO:
guess.
23
24
25
I've got some questions, I
Anybody here from staff or whatever?

And, City Attorney, I may have a question for you
as well.
Chief Farmer, the question that I have, I guess,
Page 29
866 299-5127
00135
and when the discussion was held by the Council regarding
this issue, one of the questions that I asked Chief Dyer
and the -- the question was that in his presentation that I
asked if -- if the PD or anybody else had even spoken with
the Fresno-Madera Medical Society regarding a formation
maybe of a dispensary that would be the type that people
with illnesses and they're suffering or need that they
can -- they would be able to go there and buy it with a
prescription and he said no.
10
And so my question is -- and one of the gentlemen
11
that was here last time made a comment he had to drive all
12
the way to Bakersfield to get it from a dispensary, I
13
believe.
14
the income to pay for the gas to drive all the way to
15
Bakersfield, go on Amtrak or that type of thing?
16
So what -- what do people do if they don't have
And with having a dispensary, I think that that
17
might be the -- part of the solution, I don't know.
And
18
how does -- how do we -- if we were to do -- you know, I
19
mean I'm looking at options is what I'm asking for the
20
people that are suffering and, you know, I just -- you
21
know, there's folks that are -- that -- out there that
22
maybe have family members that are -- that need that type
23
of medication or for their illnesses and that type of thing
24
and there's probably some police officers that use it
25
because of their illnesses.

Page 30
866 299-5127
00136
CHIEF FARMER:
Well, we have been in discussion with
the City Attorney's office and I think Mr. Sloan may have
some more information on --
CHIEF FARMER:
6
7
Okay.
-- the options that the collectives can
offer some of the folks that live here in Fresno.

Yes.
Under State law
collectives and cooperatives are still options.
State law
doesn't recognize storefront dispensaries but a collective
10
is a formal organization that can be recognized and they
11
could -- for example, it's a membership where they pool
12
their sources and one of those people could go and retrieve
13
the marijuana and they could share the expenses and so
14
forth.
15
Cooperatives -- or collectives are also
16
authorized under State law.
17
incorporated cities in the area that have not banned
18
cultivation or distribution, those may be options also.
19
Also there may be other
If Council would like, we can return with
20
additional options how the City might recognize some of
21
those.
22
I'd like to at least look at
23
some options for -- I mean I just don't understand why
24
people would have to drive all the way to another city to
25
get the medical -- you know, if they have a prescription

Page 31
866 299-5127
00137
and they need it, you know, then -- I mean it's a medical
issue.
3
4
We can return to Council with
options if you'd like.
Okay.
I'd like that if
possible if we can look at options.
It doesn't mean that
we have to accept them or whatever, but at least we're --
we're making an attempt to look at it.
it's just sad when folks that need it for medicinal
Because it's --
10
purposes are not allowed to have it.
11
that any of us would ever need something like that, you
12
know.
13
And heaven forbid
So what would I need -- is that a motion or --
14
So, Councilmember Quintero
15
-- yeah, that's what I was going to ask you.
16
want to still vote on today's item and then ask for options
17
on collectives or do you want to connect that with today's
18
item?
19
20
21
So do you
That's a good question for
the City Attorney.

Well, if Council were to ask our
22
office to return with options, we would do that with or
23
without a vote.
24
returning with options, that's up to you.
25
So you could condition today's vote upon
Okay.
So then it would be
Page 32

866 299-5127
00138
to -- we would vote on it with a condition added to it to
return with options?
You could do that.
What's your recommendation?
Well, I would suggest a straight
up or down vote on today's item and then we will return
with options if you ask us to.
12
13
14
15
16
Chief.
You have a solution?
10
11
Okay.
Okay.
Then I'll yield to Councilmember Baines.
Councilmember Baines,
you're up.
Thanks, Council President.
I just wanted to make a -- offer a few comments

in support of Member Quintero's sentiment.
Many of you probably remember the comments -- my
17
remarks last week.
18
we wouldn't necessarily throw the baby out with the bath
19
water where legitimate patients still have the opportunity
20
to get their medicine.
21
We're trying to figure out a way where
So just -- so the Council knows, I have asked the
22
City Attorney to -- you know, I've run a few solutions by
23
him already and we're -- we're working to try to bring
24
something back to Council that can hopefully close the gap.
25
It may not be perfect, but we are -- we are looking at it,

Page 33
866 299-5127
00139
Councilmember Quintero.
troubled by -- by not having other options last week but I
do want to differentiate what the police department
brought -- brought to Council as a criminal issue to
support them as opposed to a legal issue.
should separate the votes but I think it is incumbent upon
this body to deal with the legal -- the legal part of
cannabis use and so that's what I've asked the City
Attorney to do.
10
So right now as we speak I was
So we do -- we
So for all you folks out there, I know it may
11
have seemed a little cruel last week, and I apologize for
12
that, but it really is two separate issues for us.
13
criminal issue and we are going to deal with the legal
14
issue of it.
15
there.
16
but we are working on it as we speak.
17
It's a
So we're not going to leave you hanging out
We'll do that in a short amount of time as possible
So I know when you all were commenting, we can't
18
respond back to you, so luckily Councilmember Quintero
19
pulled this item so that we could talk back to you a little
20
bit and let you know that we are working on it.
21
just going to -- well, hopefully a majority of Council
22
won't just leave -- leave it as is so it's my hope that
23
we'll be able to put something together that will be able
24
to address the medicinal users.
25
We aren't
Okay?
Thanks.
Page 34
866 299-5127
00140
That's what I wanted to --
say is what he said.

10
11
Okay.
That's what I wanted to
Councilman --
So --
But -And, Councilman Baines, it
still sounds like you want to vote on today's issue; is

that -COUNCILMEMBER BAINES:
No, yeah.
I'm okay with voting
12
on today's issue because I really do believe this is a
13
criminal issue, but we are going to come back with an issue
14
that's --
15
16
17
18
19
With options.
With options, right, exactly.
And, Chief -- excuse me.
Chief, did you want to make comment?

POLICE CHIEF DYER:
Well, I -- I didn't get to hear
20
the speakers obviously, I was in another meeting, but I do
21
understand the dilemma that the Council is in, in essence
22
creating a ban on the growing of marijuana throughout the
23
city of Fresno.
24
25
Fresno County has already done it.
I heard the questions last week, well then where

do those individuals that have a legitimate need obtain
Page 35
866 299-5127
00141
that marijuana?
another city?
know that we want to provide that answer today.
Do they go to Oakland or do they go to

And I don't have that answer and I don't
But I do believe that there are options, legal
options, that are available to them that in fact the City
Attorney and I yesterday exchanged e-mails in terms of what
those options are.
8
9
And so I think it is, you know, what I was asking

for and what we're continuing to ask for is giving our
10
officers the tool out there that -- that will prevent our
11
neighborhoods from being overrun with people growing
12
marijuana, whether it's outdoor or indoor, because it is --
13
it is rampant and it is rampant by those individuals
14
that -- that claim to have a medicinal need as they're
15
growing large amounts of marijuana and unfortunately
16
selling it.
17
individuals that do have a legitimate medicinal need.
18
And it reflects negatively on those
And so there is a balance and I understand that
19
and I'm willing to work with you on what those options are,
20
but I would encourage the Council to -- to create that or
21
to amend the ordinance so that we do not have that indoor
22
grow and then come back with options within the specified
23
period of time that would allow all of you folks to have a
24
clear understanding of where people can obtain medicinal
25
marijuana.
Page 36
866 299-5127
00142
So -- so then just to
clarify, also with Councilmember Baines, is it the vote
today on Item E would be it's a straight up or down and --
and you're talking about the criminal element, which I
support, and with a direction to the City Attorney, of
course working with the police department, to come back
with options?
8
9
10
Is that --
Quintero, I had already directed the City Attorney to do

that.
11
12
13
14
15
16
17
Well, actually, Councilmember
Okay.
I would be happy to -- we could
add it as a part of this.

I think we should as part of
the record we already started.

That I have no -- no problem
with that at all.
18
19
Okay.
Because I think that's the will
20
-- probably the majority to at least see what the options
21
are, so I'm comfortable with framing it that way.
22
23
24
25
Okay.
I just need a
clarification.
Point of order, I would like
to keep the two bifurcated because I -- again, I wanted to

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vote "No" on Item E but I would support exploring options
if that's going to be a motion.
it could stay bifurcated.
4
5
6
7
So as just a courtesy if
Thank you,
Councilmember -COUNCILMEMBER QUINTERO:

but that's fine.
I can't pronounce the word
Separated is good.
Councilman Brand.
I really could see the dilemma
10
here, you know, with the PD has a real issue with the
11
criminal element not only here in Fresno but the entire
12
county and I'm sure other communities across the state and
13
we have limited resources, but I can see they're kind of
14
caught in this whole change to correct one problem, it has
15
legitimate people like people today and others that have
16
legitimate reasons for medical marijuana and I think there
17
is a legitimate reason to find a problem in finding a place
18
to legally buy the marijuana and I guess the collectives
19
could be the answer.
20
Attorney.
21
We could find out further, City
Then, again, there's the cost too because I know
22
it's not cheap.
I know in Colorado they have their whole
23
assortment of drugs out there.
24
find a solution, though, you know, you could have six
25
plants, you can grow them and then somebody else grows 60
And, you know, in trying to
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866 299-5127
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plants and that's our dilemma is trying to find if there's
a solution to let legitimate people grow.
we have in Fresno is the resources to monitor and police
all this.
sense, it's almost like we're going to create an
underground economy and that we're going to have like the
Volstead Act back in the 1920s, it's against the law but
everybody's doing it and the police have to chase gang
members and all the other stuff they do, so they're not
10
And the problem
And listening to the testimony, it's common
going to have the resources.
11
And not like anybody wants to punish somebody,
12
and it's a civil crime, it's not a criminal, but even the
13
fines are pretty substantial even for six plants, it was
14
like a thousand dollars a plant?
15
POLICE CHIEF DYER:
Yeah, a thousand dollars per plant
16
initially and a hundred dollars per plant once they're not
17
removed beyond the -- the date imposed.
18
19
20
It was 90 days, was that the
implementation?
POLICE CHIEF DYER:
The actual implementation -- the
21
outdoor grow would become immediately, as I understand it,
22
31 days after it's passed is when the ordinance takes
23
effect.
24
any outdoor grow.
25
That's when the penalty phase would kick in for
For any indoor grow there would be a 120 day

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period that would need to pass before we would actually
start the enforcement.
perhaps we would have the ability to come up with some
alternatives for these individuals to be able to legally
obtain medicinal marijuana.
And it is during that time that
Yeah, I know based on how this
thing progressed in my five years on the Council, initially
it was the outdoor growing that we curtailed and we allowed
the indoor, but I can see this whole thing is not easy.
10
And if there is -- there is a window period right now and I
11
think it's legitimate to come back to the Council with
12
trying to find some solutions to this issue that we can
13
accommodate legitimate medical marijuana users.
14
So in the interim then really there's still a
15
window where nobody's going to get fined, is that correct,
16
for the meantime?
17
No, there isn't?
18
POLICE CHIEF DYER:
19
20
21
22
23
Yes.
Okay.
(Inaudible audience member.)

POLICE CHIEF DYER:
Oh, okay.
But for the City ordinance itself, there is a -the County did not have the 120 day window.
24
25
POLICE CHIEF DYER:
Uh-huh.
We do.
So once the ordinance is

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866 299-5127
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voted upon, it becomes effect -- effective 31 days after,
then there is a 120 day window --
POLICE CHIEF DYER:
Okay.
-- where people are allowed to --
to cultivate their marijuana that they have grown, then
there will be an enforcement period.
My suggestion is during that -- during this
period of time, over the next five months in essence, that
we come back to this Council with some alternatives.
And
10
hopefully it won't take that long.
11
the next 30 days we could probably come up with some
12
solutions that would allow individuals that have a -- truly
13
a medicinal need to be able to still obtain marijuana in
14
some fashion.
15
16
Chief, just to clarify on the
120 days, the ordinance says if you are currently --
17
POLICE CHIEF DYER:
18
19
Yes.
-- legally growing indoors,
you're allowed 120 days to harvest that crop essentially.
20
POLICE CHIEF DYER:
21
Yes.
22
Okay.
23
24
25
I would imagine within
Yes.
So thank you for the
clarity, Chief and City Attorney.

So nobody here is going to be a criminal.
And,
again, at the worst case it would have been a civil crime.

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You're only a criminal if you're growing 600 plants, right,
and you've got machine guns and AK-47s.
So, you know, we're going to try to come back
within -- I think we can come back within 90 days or less,
I agree with you, Chief, and try to find a solution, find a
way, one, that you can legally buy it in the city of Fresno
without traveling to Oakland or San Francisco.
if there's any way we can find that you can grow six plants
or less.
10
And, two,
Because what's looming in the background, of
11
course, is potential statewide initiative that would
12
legalize marijuana and would all be academic in the end
13
so --
14
POLICE CHIEF DYER:
I did miss -- I did miss something
15
you said, six plants or less.
16
recommended?
17
Is that something
Is that the standard?
If you
18
have a medical marijuana card, is it six plants per person;
19
is that correct?
20
POLICE CHIEF DYER:
Well, it depends on the county in
21
which you reside.
22
you know, it just depends on where you -- where you reside.
23
But the truth of the matter is there is no established
24
number of plants.
25
I think Santa Cruz it's like six pounds,
Okay.
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866 299-5127
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POLICE CHIEF DYER:
You know, most of the
recommendations that we see people are allowed to grow 99
plants.
The real problem when this State
law was written and passed it was so ambiguous, it gave an
opportunity for people to abuse the system and maybe 90
percent of the people, or I don't know what the percentage
is, probably abuse it.
needs and that's really the problem that was up in
10
There's people that have legitimate
Sacramento the way that law was drafted.
11
POLICE CHIEF DYER:
So --
The abuses have been two -- on two
12
fronts; doctors who provide recommendations to individuals
13
that do not have a medicinal need, those individuals then
14
go out and abuse it and grow marijuana under the guise of
15
"I'm needing it under the Compassionate Use Act" and then
16
selling that marijuana for profit.
17
18
POLICE CHIEF DYER:
Right.
And we see that frequently in our
19
city and it's not the folks that have a true medicinal need
20
that we're having the problems with.
21
I know the one guy that actually
22
shot somebody and killed somebody and eventually went to
23
prison is probably the best, you know, illustration of how
24
this whole thing went wrong and it was never intended that
25
way.
Page 43
866 299-5127
00149
But really the solution, really the permanent
solution, the big picture, is really in Sacramento.
need to find a way either to -- if they're going to
legalize it, legalize it, or make it written better where
people can legitimately use it but physicians don't have
the discretion to give 99 plants and times 10 relatives and
have four acres of marijuana.
8
9
POLICE CHIEF DYER:
Yeah.
They
And unfortunately as a
result of the vagueness, we in law enforcement have been
10
put in a difficult situation because we're trying to be the
11
one to try and interpret, so --
12
Yeah, and I realize our PD is
13
down 150 officers, a couple hundred support staff, so we
14
have to put our resources where it's needed and there's a
15
lot of bad things going on in this city that the chief and
16
the people and the PD are trying to take care of, so that's
17
our bigger picture.
18
19
20
So, anyway, our promise is we'll try to find a

solution within the next 20 days.
And thank you, Chief, for all your help.
21
POLICE CHIEF DYER:
22
23
24
25
Thank you, Council.

Any other councilmembers
on this item and then -- all right.

Then let me just add for my own comments that
last week Councilman Baines did really begin talking about
Page 44
866 299-5127
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the need for options for people who really -- who really
need their medicinal marijuana.
everybody's aware of that.
people that came today advocating that, I want you to know
that we know that.
solution.
come.
8
9
Okay?
And to be honest I think
So for all -- for all the
We're trying to work through a
I think that you'll see that in the days to
As chief talked about it and the other

councilmembers mentioned, I think you'll see a solution.
10
Now, I don't know if that will just please, you know, the
11
most extreme example, but don't be surprised, I think
12
you'll see a solution.
13
Councilman Baines brought this up last week, I
14
was in agreement with him.
15
this as like a two-step process and so trying to blend that
16
makes it difficult.
17
vote on the original criminal presentation that we got --
18
that got presented to us last week by the chief and the
19
police force.
20
forth options about how to allow the law abiding citizens
21
that need their medicinal marijuana, we're going to bring
22
those solutions.
23
Unfortunately we have to treat
So it looks like today we're going to
And then -- and then we are going to bring
So -- and I'm going to be supportive of that at
24
that time.
Today I am going to be supporting the police
25
department when we vote on this consent calendar item.

Page 45
866 299-5127
00151
So, City Attorney, there's been a question about
creating an ad hoc committee.
then create that or should we --
Well, you don't need to take a
vote for an ad hoc committee.
that's what you intend to do.
9
10
11
12
13
Can we take our vote and
You can just announce that
Okay.
An ad hoc committee is just an
informal gathering of fewer than four councilmembers who

can discuss the issue.
Yeah, I got that.
So can I do that after we take this vote then?

That's not on the agenda.
It
14
may not be appropriate to vote on it.
15
fact that you intend to do it and then you can just do it.
16
17
You can discuss the
Yeah, okay.
So it looks like there is the opportunity for
18
Council up here to create an ad hoc committee on the issues
19
that many of you discussed today and you could probably
20
connect with the members of that committee.
21
Baines and Councilman Xiong and Councilman Olivier have
22
discussed a desire to create an ad hoc committee just for
23
this purpose and I think it's a great idea.
24
25
Councilman
So with the other -- we can only have three,

that's another rule, but so with the other councilmembers'
Page 46
866 299-5127
00152
consent, does that work for you guys?
well.
It works for me as
So let's just consider that established.
So
that's just an ad hoc committee and Councilman Baines,
Councilman Xiong and Councilman Olivier will be working on
that item.
councilmembers and give them input, that would be
wonderful.
Attorney for options.
10
And if you'd like to connect with these
And they'll be also working with the City
So with that being said and the screen clear,
11
let's take a vote on Item E from consent calendar and if I
12
have a motion to -- don't need one.
13
A motion to approve and a second?
14
15
16
17
19
I.
20
COUNCILMEMBERS:
21
24
25
Let's take a
vote.
All in favor?
23
Second.
We have a motion and a second.
18
22
Second.
I.
All opposed?
(Inaudible.)
Motion passes 6-1.
Thank you for your patience, everybody.

(Inaudible) if it was your

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866 299-5127
00153
child or your wife or your husband in pain begging for
relief, you would think about this (inaudible).
(1:29:06)
4
5
(End of transcription.)
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CERTIFICATE OF REPORTER
2
3
4
The undersigned CERTIFIED SHORTHAND REPORTER,
Miriam G. Baltes, Number 9704, for the State of California
does hereby certify:
7
8
9
10
11
That the foregoing was transcribed under my

supervision from audio to the best of my ability;
Said transcript being a true and correct copy of the
proceedings thereof.
12
13
14
In which whereof, I have subscribed my name this date

of 27th day of July, 2014.
15
16
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__________________________________
21
Miriam G. Baltes
22
CSR No. 9704
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[1 - asthma]
1
1 1:25
10 44:6
12 25:16
120 39:25 40:23
41:2,16,19
13 5:7,17
14 13:23
150 44:13
18 25:10
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1:29:06 48:3
2
20 44:19
200 25:24
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2014 1:10 2:1 49:14
24 2:25 3:11 15:16
27 1:10
27th 2:1 49:14
29:27 2:4
3
30 41:11
31 39:22 41:1
317 24:13
4
42 21:11
43,000 4:22
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5
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6
6-1 47:23
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67 10:10
7
7-0 29:16
72 14:23
8
80 23:19
9
9-11-2001 22:18
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9704 1:23 49:5,22
99 43:2 44:6
a
abiding 8:18 45:20
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43:2
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aspirin 13:12
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b
baby 17:18 33:18
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35:13 36:22 37:6
39:7 40:11 41:9
42:3,4
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47:4
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30:15
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c
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31:2,7,20,24 32:3
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council 1:9 2:5,17
2:22,24 3:2,7,9,13
3:17,19,24 4:2,4,14
6:24 7:20 10:7
11:15 12:2,24 14:21
15:3,16,24 16:3,6,9
16:14,17,21,23 17:1
17:5 18:13,16,19,22
18:24,25 19:1,2,7
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council's 3:1
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councilmember
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councilmembers
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currently 41:16
Page 3

866 299-5127
00158
[curtailed - find]
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damage 7:11
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e 28:16,22,24 29:3,6
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22:15
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Page 4

866 299-5127
00159
[finding - hospital]
finding 38:17
fine 4:22,25 6:14
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four 11:6 23:11 44:7
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friend 25:23
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g 49:5,21
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30:10
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go 4:11 7:9,10,15
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43:14
goes 4:7 13:23
going 2:6 4:6,11 6:8
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good 2:16 6:25 7:2
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38:7
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23:1
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grow 7:17 8:17,19
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growing 6:8,13,16
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hand 3:10 17:13
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17:22,23
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Page 5

866 299-5127
00160
[hour - line]
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idea 46:23
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initially 19:25 39:16
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interpret 44:11
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item 3:1 28:16,22,23
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items 28:12
iteration 4:20
j
jail 6:12
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keep 10:24 37:25
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knee 20:20,24
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know 4:10,18 6:10
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15:1,10,12 22:6
23:21,25 24:8,21
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32:1,12 33:22 34:10
34:17,20 36:3,8
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knows 33:21
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ladies 22:22
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Page 6

866 299-5127
00161
[liquor - number]
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ma'am 26:10
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name 9:18 13:1
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24:16 42:24 49:5
Page 7

866 299-5127
00162
[numbers - prescriptions]
numbers 9:2
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oakland 27:1 36:1
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47:9
order 2:13 9:4,4,10

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pages 1:25 4:12
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30:24 34:3 35:19
37:6 39:3,8,15,20
40:18,21,25 41:4,17
41:20 42:14,20 43:1
43:11,18 44:8,21
45:19,24
policy 2:19,24 6:22
pool 31:11
poor 5:3
populus 22:23
portion 25:10
ports 24:5
position 7:9 10:13
possible 32:6 34:15
postal 22:16
potential 42:11
pounds 23:19 42:21
power 6:4
practiced 10:4
precludes 2:20
predict 5:19
prepare 5:12
prescribed 8:10
prescription 8:8,13
12:20 13:15 30:9
31:25
prescriptions 26:14
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presentation 30:3
45:17
presented 45:18
president 2:5,17,22
3:2,7,9,13,17,19,24
4:2,4,14 6:24 7:20
10:7 11:15 12:2,24
14:21 15:3,16,24
16:3,6,9,14,17,21,23
17:1 18:13,16,19,22
18:24 19:1,7,10,13
21:22 22:2 23:4
25:4 26:7 28:10,17
28:20,23 29:1,3,10
29:15 32:14 33:11
33:13 35:1,3,6,8
38:4,8 44:22 46:7
46:11,16 47:15,21
47:23
pretty 15:7 39:13
prevent 36:10
prior 24:16
prison 43:23
private 8:19 9:10
privilege 8:20
probably 4:12 5:15
30:24 33:16 37:20
41:11 43:8,23 46:19
problem 37:16
38:14,17 39:2 43:4
43:9
problematic 4:17
problems 11:3,22
43:20
proceedings 49:11
process 6:15 45:15
produce 8:24
product 8:23
profit 43:16
progressed 40:7
prohibited 5:5
promise 20:13 44:18
promised 18:2
promotion 20:16
pronounce 38:6
property 4:22,24
7:11
propose 15:19 17:4
proposed 4:16
prosecuted 6:7
prosperity 18:2
protect 21:1 24:2,22
protecting 24:20
protects 21:1,1
provide 26:4,5 36:3
43:12
ptsd 22:3
public 2:7,8 16:5,12
16:15 19:19 20:2
23:5,6 24:12,17,18
26:8
publicly 21:20
pull 28:22,23 29:3
pulled 29:6,19 34:19
punch 20:1
punched 28:14
punish 9:11 39:11
purchasing 8:21
purportedly 6:10
purpose 46:23
purposes 32:10
pushing 24:4
put 15:11 17:15
18:15 34:23 44:10
44:14
q
quality 5:22
question 15:19 16:7
16:10 17:4 18:20,23
29:23,25 30:3,10
32:19 46:1
questions 16:1
28:25 29:21 30:2
35:24
quintero 28:17,18
28:21,25 29:2,19,21
31:4,22 32:5,14,19
32:25 33:4,8 34:1
34:18 35:2,4,7,15
35:17 37:1,9,11,14
37:18,22 38:6
quintero's 33:15
quite 20:1
r
r 7:21 21:25
raised 13:8
rampant 36:13,13
reaction 20:20,24
read 17:10
readily 6:12
ready 16:19 17:1
real 20:21 38:10
43:4
realistic 9:19
realize 44:12
realized 21:15
really 10:24,24
11:24 21:12 34:12
35:12 38:9 40:14
43:9 44:1,1,2,25
45:1,1
reason 17:3 38:17
reasonable 7:14
9:11
reasons 4:18 38:16
recognize 31:9,20
recognized 31:10
recommendation
33:4
recommendations
43:2,12
recommended
42:16
reconsider 12:22
record 2:21 16:13
16:16 20:2,5 24:12
37:15
recovering 8:4
recreational 24:24
reeling 21:15
reflects 36:16
regard 8:22
regarding 24:14
30:1,5
register 28:15
registered 27:3
regret 3:4
regulate 6:4,5
regulation 9:9
regulations 9:11
reins 28:5
relatively 9:7
relatives 44:6
relief 10:16 11:10
48:2
rely 7:25
remarks 33:17
remember 15:6
18:15,18 19:20 27:4
33:16
reminder 6:3
reminiscent 28:1
removed 25:11
39:17
reported 1:23
reporter 49:1,4
represent 18:10
representative 23:1
representatives
15:23
representing 22:14
22:22
request 26:2
required 11:20
reside 42:21,22
resident 13:2
residual 10:14
resources 38:13
39:3,10 44:14
respectfully 22:23
respecting 7:16
respond 16:11 34:18
responded 15:9
rest 14:25
result 10:14 44:9
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retired 10:11
retrieve 31:12
return 31:19 32:3
32:22 33:2,6
returning 32:24
reveal 20:9
revealed 20:17
reversed 28:2
rick 19:7,7 21:22
rid 26:20
right 2:12 7:1 13:5,5
14:2 16:17 17:7,17
17:23 18:3,16 19:14
22:8,20 24:3,9
25:16 27:16 28:13
29:5 34:1 35:16
40:10 42:1 43:17
44:23
rights 7:16 12:15
14:23
rip 6:9
risk 27:8
robberies 9:3
roof 25:17
room 7:21 15:4
21:24 22:21
rude 20:1
rule 4:7 46:25
rules 3:14 25:20
ruling 5:24
run 24:3 33:22
running 26:18
s
sacramento 43:10
44:2
sad 32:9
safe 7:8 10:4 12:18
safety 24:17,18
sal 15:6
san 27:1 42:7
santa 42:21
sat 17:24 18:25 19:2
saw 4:19
saying 16:21 20:24

says 41:16
scared 21:19
scary 27:18
scientists 28:6
sclerosis 26:13
screen 47:10
seats 17:7
second 3:18,20
19:22 29:10 47:13
47:14,15,16
seconds 15:16 16:18
21:11
security 16:19,20,22
16:23,24 19:4
see 17:21 23:14 24:7
27:23 28:2,7 37:20
38:9,13 40:9 43:2
43:18 45:6,9,12
seek 8:18
seen 18:9
selling 36:16 43:16
send 3:5
sense 17:17 39:5
sentiment 33:15
separate 34:6,12
separated 38:7
servants 16:5
serve 16:8
service 21:18 22:16
seven 19:15
shannon 12:3,3
share 31:13
shawn 23:9
sheridon 7:22,23
sheriff's 10:12
short 6:20 34:15
shorthand 49:4
shot 43:22
sick 14:16 18:6 21:5
side 10:21 17:22,23
22:17 27:4
similar 9:8,16
sir 2:21 19:6 23:8
24:11
sister 20:11 23:17

sit 18:11 19:4
sitting 18:3
situation 9:22,25
44:10
six 4:12 7:3 11:6
25:17 38:24 39:13
42:8,15,18,21
sloan 2:24 31:2,7
32:3,21 33:3,5
41:15,18,21 46:4,8
46:13
small 9:9 11:19
27:13
smaller 10:1
smoking 11:9
sober 8:5
social 15:12
society 26:4 30:5
solution 7:14 30:17
33:9 38:24 39:2
42:5 44:1,2,19 45:6
45:9,12
solutions 33:22
40:12 41:12 45:22
soma 11:6
somebody 14:9,16
19:24 38:25 39:11
43:22,22
soon 27:22
sorry 12:12
sounds 35:9
sources 31:12
southeast 4:21
speak 18:8,9 19:9
20:5 23:10 25:6
26:17 34:1,16
speaker 47:25
speakers 35:20
specifically 17:9
26:20
specified 36:22
spend 17:8
spent 17:6
spoken 30:4
staff 19:24 20:10
29:22 44:13
stand 21:7 24:22
standard 22:7,10,23
42:17
standing 14:12
start 15:13,20 26:19
40:2
started 5:3 16:12,15
16:16 37:15
starting 27:24
state 6:11 13:6,7
17:12 20:25 24:5,20
31:7,8,16 38:12
43:4 49:5
statewide 42:11
stay 22:18 38:3
step 45:15
stepped 14:16 16:14
stick 3:11
sticking 3:14
sticks 4:21
stomach 23:20
store 9:3
storefront 31:9
story 19:15 20:6
straight 20:4 33:5
37:3
street 8:21 14:9
27:25
streets 24:4,9 27:18
strictly 10:2
stringent 9:9
stronger 23:13
struggle 24:19
stuck 4:22,24
stuff 4:15,16 12:11
39:9
subject 3:1 22:19
subjects 22:6
submit 2:19
submitted 2:25
subscribed 49:13
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substantial 39:13
substitute 27:11
suffering 30:7,20
suggest 33:5
suggestion 41:7
supervision 49:9
supervisors 4:19
support 33:15 34:5
37:5 38:1 44:13
supporting 45:24
supportive 45:23
supposed 21:1
sure 25:19 28:4
38:12
surely 9:14 12:10
surgeries 13:24
surprise 4:20
surprised 24:7
45:11
surrounding 9:6
susan 25:5 26:7
symptoms 7:5
system 13:18 26:19
43:6
systems 9:14,17
t
tainted 27:19
take 2:22 3:21 5:11
8:20 10:25 13:12
14:8,23 21:9 23:19
24:22 25:20 41:10
44:16 46:2,4,12
47:11,16
takes 15:10 19:15
39:22
talk 21:19 25:3
34:19
talked 45:8
talking 9:20 37:4
44:25
tax 9:17 27:2
taxpayer 26:1
tell 5:16 6:14 19:15
20:8,13 27:9
tells 17:10
ten 8:4
terms 36:6
terribly 22:20
testimony 39:4
text 5:9,10
thank 6:23,24 10:6
10:7 12:1,2,23,24
14:21 19:6,9 21:21
21:22 23:10 25:2,4
28:9,10 29:2 38:4
41:22 44:20,21
47:24
thanks 7:20 18:13
18:17 23:4 26:7
33:13 34:25
theory 6:13
therapeutic 21:14
thereof 49:11
thing 11:5 13:20
15:8 19:12 23:14
30:15,23 40:7,9
43:24
things 7:11 10:15
19:21 21:14 23:24
27:19 28:4,7 44:15
think 2:15 3:10 6:5
11:12,12 15:6 18:7
21:11 24:13 25:12
26:6,17 30:16 31:2
34:6 36:8 37:14,19
38:16 40:11 42:4,21
45:2,6,9,11 46:23
48:2
thinking 19:20
27:16
thought 12:13 19:25
thoughts 26:17
thousand 39:14,15
threat 16:25
three 4:11,12,14 5:3
6:25 13:22,24 19:16
46:24
throw 6:12 33:18
throwing 17:17
time 2:23 5:12,22,25
6:16,17 10:18 13:21
15:15,21,21 17:6
18:22 19:1,4,17
20:6 21:12,21 23:2
28:9,21 30:11 34:15
36:23 40:2 41:8
45:24
times 5:23 44:6
tipping 6:6
today 4:9 5:10,13,19
6:22 12:22 19:17
20:6 21:3,6,7,9,20
25:6 36:3 37:3
38:15 45:4,16,24
46:19
today's 2:6,9 32:16
32:17,23 33:6 35:9
35:12
told 17:1,24 20:7,11
tool 36:10
tools 7:15
topics 17:8
totally 28:3
toxic 12:18
trafficking 24:5
train 25:25
transcribed 49:8
transcript 1:7 49:10
transcription 48:5
transgressions 9:12
travel 27:1
traveling 42:7
treat 8:13 45:14
treated 5:9 11:13
treatment 8:1,25
trend 12:16
tried 25:11
troubled 34:2
true 9:15 25:1 43:19
49:10
truly 41:12
truth 22:19,21 42:23
try 9:10,15 19:14

33:23 42:3,5 44:11
44:18
trying 6:9 14:22
33:17 38:23 39:1
40:12 44:10,16 45:5
45:15
tuesday 4:19
turn 2:10 4:7
turned 21:23
turning 27:23
tweaked 27:7
twitter 15:9
two 5:3 16:10 24:20
34:12 37:25 42:7
43:11,11 45:15
tylenol 13:13
type 30:6,15,22,23
types 26:14
u
uh 18:16 40:24
underground 39:6
undersigned 49:4
understand 2:19 7:9
17:3 20:19 21:17
22:6 27:24 31:23
35:21 36:18 39:21
understanding
36:24
unfair 9:12
unfortunate 6:21
unfortunately 36:15
44:8 45:14
unidentified 3:12,16
3:18,22 29:9 47:14
47:25
unsafe 7:11
urgency 5:4
use 5:1 6:5 8:19
10:16 13:19,20
25:11 27:10 28:3
30:24 34:8 43:15
44:5
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users 34:24 40:13
v
vagueness 44:9
vaporized 7:6
vaporizing 13:18
variety 8:1,11
veteran 22:3
vicodin 11:6
violated 5:21
violation 6:19 20:25
violent 9:4,5,6
voice 22:8
volcano 13:18
volstead 39:7
vote 3:21 11:1,18
22:9,9,11 27:3,6
28:15 29:5,11 32:16
32:23,23 33:1,6
35:9 37:2 38:1
45:17,25 46:2,5,12
46:14 47:11,17
voted 13:6 27:21
41:1
votes 34:6
voting 35:11
w
walk 13:10 18:11
walked 18:10
walls 7:10
want 8:20,23 10:21
11:2,2,21,22 13:22
17:4 21:16 22:25
23:9 25:13,13,14,15
25:15 27:20 29:19
32:16,17 34:3 35:9
35:18 36:3 45:4
wanted 28:22 33:14
35:2,4 37:25
wants 39:11
warned 16:24
warrants 9:22
wasting 15:21,21
watch 27:23
watched 4:18
watching 28:8
water 5:15 17:18
33:19
way 3:22 5:1 7:8
9:16 10:15 15:25
17:14 24:2,24 28:1
30:12,14 31:24
33:17 37:21 42:6,8
43:10,25 44:3
week 17:5 33:17
34:2,11 35:24 44:25
45:13,18
welfare 9:17
went 14:15 17:5
43:22,24
wheelchair 13:25
wheelchairs 14:1
whereof 49:13
wife 23:16 48:1
willing 36:19
window 40:10,15,23
41:2
wise 13:15
wither 14:11
withering 23:19
wonderful 47:8
wondering 12:8
word 20:8 38:6
words 19:21 21:9
work 2:12 7:13
24:21 36:19 45:5
47:1
worked 8:6 10:12
10:20 22:15
working 10:14 24:8
26:21 33:23 34:16
34:20 37:6 47:5,8
works 4:20 15:25
22:4 47:1
world 12:17 15:2
worst 41:25
writing 2:25
written 2:18,20,23
43:5 44:4
wrong 17:21 22:20

23:2 43:24
x
xiong 46:21 47:5
y
y'all 23:15
yea 22:9
yeah 19:13 28:20
32:15 35:11 39:15
40:6 44:8,12 46:11
46:16
year 10:10,18 11:8
17:6 24:14
years 5:3,4 7:3,4 8:5
12:6,7 13:5,23,24
14:24 18:10 19:18
23:11 25:8 26:18
27:6,6 40:7
yesterday 36:6
yield 21:11 33:10
z
zoning 5:11
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00168
City C uncil Minutes

March 27, 201
The City Council met in regular session at the hour of 8:30 AM. in lhe Council Chamber, City Hall,
on lhe day above written.
8:35 AJll.. ROU.. CALL
Present
Oliver Baines Ill

LeeBrand
Paul Caprioglio
Clinton Olivier
Sal Quintero
BlongXiong
Sieve Brandau
Aeling Council President

Councilmetnber
Councilmember
Councilmember
Councilmember
Councilmember
Council President
Also Present
Bruce Rudd
Renena Smilh
DougSloan
Yvonne Spence
Todd Sle!mer
City Manager
Assistant City Manager
City Atlomey
CilyClerk
Assistant City Clerk
Invocation by Pastor Christopher Breedlove of lhe College Community Congregational Church

Pledge of Allegiance ID lhe flag
Ceremonial Pl eseulaliwns:
Proclamation of "CITY OF FRESNO RSVP VOLUNTEERS DAY" - Council President Brandau Read
Councilmember Olivier stepped out oflhe Council Chamber at 8:41 A.M. and returned at 8:44 AM.
Approve Council minutes of Mardi 20, 2014
Aclion Taken:
Motion I Second:
Ayes:
Noes:
Absent
llllan:h 'ZI, 2014
Councilmember Caprioglio I President Brandau

Baines, Brand, Caprioglio, Quinlero, Xiong, Brandau
None
Olivier
Page1
00169
Councilmember Xiong thanked Lee Ann Eager of the Economic Development Corporation and her
team for putting on a successful event regarding real estate forecasts.
President Brandau announced that he and Councilmember Caprioglio had met with representatives
from the City of Clovis to organize a joint meeting which was tentatively set for the evening of April
29, 2014 at the Clovis Memorial building.
Approve Agenda
Action Taken:
APPROVED
Motion I Second:
Ayes:
Noes:
Absent
Councilmember Caprioglio I Councilmember Brand

None
Olivier

Action Taken:
APPROVED AS AMENDED
The following members of the public spoke on Item 1-E of the Consent Calendar regarding the
prohibition of marijuana cultivation: Michael Green, Derek Payton, Joseph Sheridon, Joan Byrd,
Shannon Luce, Diana Kirby, Dustin Lowery, Rick Morse, James R. Hullgems Sr., Shaun Hawkman,
Susan Juvay, Andrea Lumscola.
Public speaker Michael Green asked if Council would accept his written comments related to
Consent Item 1-E as it was not presented to Council the minimum 24 hours before the item
was to be heard. Councilmember Quintero made a motion to accept the document and
received a second from Councilmember Olivier. The motion to accept the document failed by
the following vote:
Motion I Second:
Ayes:
Noes:
Councilmember Quintero I Councilmember Olivier

Olivier, Quintero
Baines, Brand, Caprioglio, Xiong, Brandau
Councilmember Quintero moved Consent Item 1-E, regarding the prohibition of marijuana cultivation,
to Contested Consent for further discussion.
Motion I Second:
Ayes:
Noes:
1.
Councilmember Olivier I Councilmember Brand

Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
None
!CONSENT CALENDARj
A.
Approve the appointment of Tracewell Hanrahan to the Fresno Regional Workforce

Investment Board - Council President Brandau
Action Taken: APPROVED
March 27, 2014
Page2
00170
B.
RESOLUTION - Of Intention to annex Assessor's Parcel Number 403-070-53, Parcel B of

Parcel Map No. 2001-01, Annexation No. 6, to City of Fresno Community Facilities District
No. 9 and authorize the levy of special taxes and setting the hearing for April 24, 2014 at
10:00 a.M. (northeast comer of N. Chestnut and E. Nees Avenues) (Property located in
District 6) - Public Works Department
C.
Approve amendment to agreement with Provost and Pritchard Consulting Group of

Fresno, California for professional engineering services to design new sewer
infrastructure in the North Avenue industrial growth area for a net increase of $65,500
(Property located in District 3) - Department of Public Utilities
D.
Approving the Final Maps ofTract No. 5nO and 5567 and accepting the dedicated public
uses offered therein (east side of N. Polk Avenue between W. Clinton and W. Shields
Avenues) (Property located in District 1) - Public Works Department
1.
RESOLUTION -To approve the Final Map of Tract No. 5770, accepting dedicated
public uses therein except for dedications offered subject to City acceptance of
developer installed required improvements
2.
RESOLUTION -To approve the Final Map of Tract No. 5567, accepting dedicated
jCONTESTED CONSENT CALENDARj

E.
Actions relating to repealing Article 21 of Chapter 12 and adding Article 21 of Chapter 12

prohibiting cultivation of marijuana in all zone districts within the City- Police Department
1.
Consider and adopt an environmental finding pursuant to CEQA Guidelines,
Section 15061(b)(3), that the project is exempt from CEQA as it can be seen with
certainty that there is no possibility that this project may have a significant effect on
the environment
2. * BILL NO. B-17 - (Intro. 3120/2014) (For adoption) - Repealing Article 21 of
Chapter 12 and adding Article 21 of Chapter 12 prohibiting cultivation of marijuana
in all zone districts within the City
During discussion on this item, Council created an Ad Hoc Committee to explore options
that would allow people to obtain medical marijuana within the City. The committee is
comprised of Councilmembers Baines, Olivier and Xiong.
Motion I Second:
Ayes:
Noes:
March 27, 2014
Councilmember Brand I Acting President Baines

Olivier
Page3
00171
Councilmember Caprioglio stepped out of the Council Chamber at 9:43 AM. and relumed at 9:47 AM.
2. jGENERAl ADMINISTRATIONj
A.
Approve a consultant agreement in the amount of $757,956 and a $72,362 contingency

with Slantec Consulting Services lncorporaled, a New York Corporation of Fresno, CA for
the design of a new odor conlrol syslern for the Headworits building localed at the
Fresno/Clovis Regional Was!ewaler Reciamalion Facility (Pmperty located in Distlict 3}
- Department of PubflC Utilities
Motion I Second:
Ayes:
Noes:
None
Caprioglio
Absent
B.
Councilmember Quintero I Councilmember Brand

Baines, Brand, Olivier, Quintero, Xiong, Brandau
WORKSHOP - Budget Updale- MayodCily Manager's Oftice

HELD
3. ~ITV COUNCIQ
!SCHEDULED COUNCIL HEARINGS AND lllA:l IERS!1
10:00 A.M.
HEARING to consider Rezone Appl"K:ation No. R-13-003 and related environmental

findings, filed by Stericycle Inc., for the property located on W. Swift Avenue, between
N. Golden Slate Blvd and Stale Highway Route 99 (Pmperfy located in Distlict 1)Development and Resource Management DepaJtment
Action Taken:
HELD
a. Consider and adopt the environmental finding of a Finding of Conformily with the
2025 Fresno General Plan MEIR and Air Quality MND prepared for
Environmental Assessment No. C-13-020/R-13-003
ADOPTED
Bill - Amending the OfliciaJ Zone Map to rezone the subject property from the
C-6/UGM (Heavy Comme:ial DislTict/UdJan Growth Managemenf} zone district
to the C-MIUGM (Comme:ia/ & light Manufacturing DislTict/UdJan Growth
Managemenf} zone disbid:
Action Taken:
b.
Action Taken:
Bill B-18 & ORDINANCE 2014-21 ADOPTED
Motion I Second:
Ayes:
Councilmember Xiong I Aclling President Baines

Baines, Brand, Caprioglio, Of!Vier, Quintero, Xiong, Brandau
Noes:
None
llllan:h 27, 2014
00172
------------
10:30 A.M.
HEARING to adopt resolutions and ordinance to annex territory and levy a special
tax regarding Community Facilities District No. 11, Annexation No. 53 (Final Tract Map
No. 6044) (Property located in District 2) (northeast comer of N. Garfield and W.
Barstow Avenues) - Public Works Department
Action Taken:
HELD
RESOLUTION - Annexing territory to Community Facilities District No. 11 and
a.
authorizing the levy of a special tax
Action Taken:
RESOLUTION 2014-53 ADOPTED
b.RESOLUTION - Calling a special mailed-ballot election
Action Taken:
c.
RESOLUTION - Declaring election results
Action Taken:
d. * BILL (For introduction of adoption) - Levying a special tax for the property
tax year 2013-2014 and future years with and relating to Community Facilities
District No. 11, Annexation No. 53
Action Taken:
BILL B-19 & ORDINANCE 2014-22 ADOPTED
The following member of the public spoke on this item: Jeff Roberts.
Motion I Second:
Ayes:
Noes:
President Brandau I Councilmember Brand

Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
None
llJNSCHEDULED COMMUNICATIONj
Upon call, no members of the public addressed Council with unscheduled communication.
4. &LOSED SESSIONj
The City Council met in closed session in Room 2125 from 11:12 AM. to 11:40 AM. to discuss
the following:
A.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Government Code Section

54956.8
Properties: APNs 418-261-22 (portion). 418-262-06 (portion), 418-262-09 (portion), 418261-21(portion),418-261-26 (portion), 418-262-02 (portion), 418-262-05 (portion), 418262-10 (portion), 418-262-12 (portion), 418-262-11(portion),418-262-08 (portion), 418261-19 (portion), 418-262-04 (portion)
Negotiating Parties: City Manager Bruce Rudd
Under Negotiation: Price and Terms of Payment
Action Taken: HELD
II/larch 27, 2014
Pages
00173
B.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Government Code Section
54956.8
Property:
468-167-01T
Neaotiating Parties: City Manager Bruce Rudd
Under Negotiation:
Price and Terms of Payment
Action Taken: HELD
ADJOURNED - 11 :40 A.M.
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SteveBra~-lo~
March Z'/, 2014
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Page6
00174
TAB10
00175
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24 Hours Before Meeting
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March 19, 2014
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City Council
City of Resno
c/o Yvonne Spence, City Clerk
2600 Fresno Street
Room 2133
Fresno, CA 93721
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Amend the Fresno City Municipal Code to Repeal Article 21 of Chapter 12,
and add Article 21 of Chapter 12, prohibiting the cultivation of Marijuana in
All Zone Districts within the city of Fresno
Dear Mayor Swearengin and Councilmembers:

The Union of Medical Marijuana Patients ("UMMP") is pleased to comment on the City
of Fresno's ("City") proposed Ordinance regarding the cultivation of medical marijuana
("Ordinance" or "Project"). UMMP is in receipt of the materials published on the City's
website regarding the Ordinance. In the Staff Report issued for the Project, the City
states that "[s]taff has performed a preliminary environmental assessment of this project
and, pursuant to CEQA Guidelines, Section 15061(b)(3), has determined that there is
no possibility that this project may have a significant effect upon the environment .... "
Staff Report at p.3. This letter notifies the City that the Ordinance is not exempt from
CEQA and outlines the foreseeable environmental effects associated with the
Ordinance requiring review and mitigation. Because the Ordinance is not exempt from
CEQA pursuant to the common-sense exemption, the City must conduct an Initial Study
3211/2 E. 151 Street, Suite 200, Los Angeles, CA 90012

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pursuant to 15063 of the California Public Resources Code before adopting the
Ordinance.
About UMMP
I would first like to introduce my organization. UMMP is a not-for-profit civil rights
organization that is devoted to defending and asserting the rights of medical cannabis
patients. UMMP promotes a model of legally compliant medical cannabis patient
associations and has developed a self-regulatory product, AGSite Secure, to ensure all
Californians using medical cannabis and forming patient associations have the
opportunity to do so with a clear and unambiguous understanding of the law. UMMP is
committed to sensible regulations for patient associations and their dispensaries,
responsible actions of patients and cooperation with law enforcement.
The Proposed Ordinance:
According to the Staff Report dated March 20, 2014, "adopting th[e] ordinance would
prohibit all indoor and outdoor cultivation of marijuana in the City. Staff Report at p. 1.
With regard to CEQA, the Ordinance states the following:
"Staff has performed a preliminary environmental assessment of this project and,
pursuant' to CEQA Guidelines, Section 15061 (b)(3), has determined that there is
no possibility that this project may have a significant effect upon the environment
because the outdoor cultivation of marijuana is currently a prohibited use, and
this ordinance merely prohibits additional future cultivation of marijuana indoors
after the current crop year. This will not result in a substantial or potentially
substantial adverse change in any of the physical conditions effected by this
prohibition, including land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic or aesthetic significance. Instead, the prohibition is anticipated
to have positive effects on the environment, including helping to reduce water
consumption and eliminate offensive odors. Therefore, this project is not subject
to CEQA."
Staff Report at p. 3.
321112 E. 11 Street, Suite 200, Los Angeles, CA 90012

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The Ordinance is Not Exempt from CEQA Under the Common-Sense Exemption
The Ordinance is not exempt from CEQA under the so-called "common sense"
exemption. CEQA Guidelines Section 15061, Subdivision(b)(3) describes the so-called
"common sense exemption," where "[t]he activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA" (emphasis added). As a result, the burden of proof rests with the
City to demonstrate that the commonsense exemption applies. Davidson Homes v. City
of San Jose (1997) 54 Cal. App.4th 106, 116 ("[T]he agency must itself provide the
support for its decision before the burden shifts to the challenger. Imposing the burden
on the members of the public in the first instance to prove a possibility or substantial
adverse environmental impact would frustrate CEQA's fundamental purpose of ensuring
that governmental officials 'make decisions with environmental consequences in
mind."') Even if an agency has provided support for its decision to exempt a project
under the "common sense exemption," the "showing required of a party challenging an
exemption under [the commonsense exemption] is slight, since that exemption requires
the agency to be certain that there is no possibility the project may cause significant
environmental impacts. If legitimate questions can be raised about whether the project
might have a significant impact and there is any dispute about the possibility of such an
impact, the agency cannot find with certainty that a project is exempt." Id.
The Environmental Baseline
Under CEQA, the environmental baseline includes existing patients that cultivate
medical marijuana (either indoors of outdoors) for their own personal use in compliance
with state law. In June of 2012 the City adopted Ordinance Number 2012-13, which
prohibited the outdoor cultivation of marijuana, but did not place a prohibition on the
indoor cultivation and/or within an outdoor fully-enclosed and secured structure,
approved by special permit. Staff Report at p. 1. As a result, patients were required to
either cultivate medical marijuana in their own home or travel outside the City to obtain
medical marijuana.
The environmental baseline also includes an estimated patient population of 1O,117
persons in the City. This is based on an analysis conducted by Cal. NORML, another
medical marijuana advocacy organization, concluding that that the patient base in
California is 2-3% of the overall population. (See Exhibit 1). The legality of cultivation in
321 1/2 E. 11 Street, Suite 200, Los Angeles, CA 90012

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the City does not relieve the City with the obligation to such operations in the
environmental baseline. In Riverwatch v. County of San Diego (1999) 76 Cal. App.4th
1428, 1451, the court held that the proper baseline is the existing condition of the site,
even if that condition may be the result of prior illegal activity. The court explained in
Riverwatch that CEQA is not "the appropriate forum for determining the nature and
consequence of a prior conduct of a project applicant." 76 Cal. App.4th at 1452. The
decision in Riverwatch has been followed by other courts. See Eureka Citizens for
Responsible Government v. City of Eureka (2007) 147 Cal. App. 4th 357, 370 (citing
Riverwatch and stating that the "environmental impacts should be examined in light of
the environment as it exists when a project is approved").
Moreover, it is a fundamentally accepted principle that environmental impacts should be
examined in light of the environment as it exists when a project is approved.
(Guidelines, 15125, subd. (a); Bloom v. McGurk (1994) 26 Cal. App. 4th 1307, 1315,
fn. 2; City of Carmel-by-the-Sea v. Board of Supervisors (1986) 183 Cal. App. 3d 229,
246; Christward Ministry v. Superior Court (1986) 184 Cal. App. 3d 180, 190;
Environmental Planning & Information Council v. County of El Dorado (1982) 131 Cal.
App. 3d 350, 358; Remy et al., Guide to the Cal. Environmental Quality Act (10th ed.
1999) p. 165.) In this case, there are an approximate 1,184 medical marijuana patients
in the City, many of whom cultivate their own medical marijuana due to the ban of
"medical marijuana dispensaries" in the City.
The Ordinance is a "Project"
As an initial matter, it should be noted that the Ordinance is a "project" under CEQA.
The fact that the "project" at issue is the adoption of an ordinance as opposed to a
development project proposed by an applicant does not relieve the City of the obligation
to undertake a review of the project under CEQA. Rosenthal v. Board of Supervisors
(1975) 14 Cal.App.3d 815, 823 (stating that "adopting an ordinance [is] a project"); No
Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 118 Cal.Rptr. 34 (impliedly holding
that adoption of ordinance is a project within the meaning of CEQA); 60
Ops.Cal.Atty.Gen. 335 (1977) ("ordinances and resolutions adopted by a local agency
are 'projects' within the meaning of CEQA"). The Attorney General Opinion issued in
1977 concluded that the following ordinances were all subject to CEQA: (1) an openrange ordinance requiring private landowners to fence out cattle; (2) an ordinance
allowing construction of single family dwellings in rural areas without electricity, running
water, or flush toilets; and (3) an ordinance modifying road improvement standards for
new subdivisions. The bottom line is that a project need not directly affect a physical
321112 E. 151 Street, Suite 200, Los Angeles, CA 90012
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change in the environment; reasonably foreseeable indirect or secondary effects must

also be analyzed. The relative inquiry is whether or not the project, or in this case, the
Ordinance, will ultimately culminate in physical changes to the environment. Id.
Additionally, it should be emphasized that "[w]hether an activity constitutes a project
subject to CEQA is a categorical question respecting whether the activity is of a general
kind with which CEQA is concerned, without regard to whether the activity will actually
have environmental impacts." Muzzy Ranch Co. v. Solano County Airport Land Use
Commission (2007) 41 Cal.4th 372, 381. It is well established that the enactment of a
zoning ordinance such as the Ordinance proposed by the City is subject to
environmental review under CEQA. See, e.g., Concerned Citizens of Palm Desert v.
Board of Supervisors (1974) 38 Cal.App.3d 272, 283 (the "enactment and amendment
of zoning ordinances" are subject to CEQA).
Here, the City is committing itself to a particular approach to regulating medical
marijuana - an extremely restrictive approach that, among other things, requires of
patients to drive to other cities to obtain their medicine because both medical marijuana
dispensaries and cultivation are banned in the City.
As previously noted, there are an estimated 10, 117 patients in Fresno. Further, it may
be fairly assumed that each of them will need to go to a dispensary approximately once
a week to get their medicine. However, the nearest storefront medical marijuana
dispensary from Fresno is 109 miles away in Bakersfield. Therefore, the City's ban of all
cultivation would result in weekly increase of 2,205,506, or an annual increase of
115,001,384 in miles traveled. Based upon Federal Statistics, this would result in
approximately 48,869 metric tons per year in C02 emissions alone. It would also be
expected to generate 49, 145 pounds of Reactive Organic Gasses, 36.86 tons of Nitrous
Oxide and 82.93 tons of PM10 per year. (See, e.g., EPA Fact Sheet entitled
"Greenhouse Gas Emissions from a Typical Passenger Vehicle" attached as Exhibit 2.)
Clearly, the Ordinance will result in increased travel and air pollution, which
nevertheless could create environmental impacts, such as traffic and air pollution, within
the City. The City has failed to conduct an analysis of the environmental consequences
of the draconian approach of the Ordinance to regulating medical marijuana.

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The City Has Failed to Consider the Significant Environmental Impacts of the Ordinance
Moreover, the Ordinance's ban on cultivation shifts the development impacts associated
with cultivation to other jurisdictions, which the City has failed to analyze. It is
reasonably foreseeable that cultivation of medical marijuana in other cities and counties
will increase due to the ban. Cultivation of medical marijuana, an inherently agricultural
activity, especially in a residential setting, in and of itself contemplates environmental
impacts, which the City has failed to analyze. Consider the following: Assuming patients
use 1 ounce of marijuana per month, then 7,587 pounds of cannabis per year would
need to be cultivated to meet patient needs in the City.
Much of the displaced cultivation created by the ban may occur indoors and there are
environmental impacts associated with indoor cultivation that may be significant. A
recent study entitled The Carbon Footprint of Indoor Cannabis Production, published in
The International Journal of the Political, Economic, Planning, Environmental and Social
Aspects Energy, detailed the environmental impacts of indoor cannabis cultivation. (See
Exhibit 3). The following are highlights from the study:
"
"
"
"
"
..
..
On average, approximately one third of cannabis production takes place under

indoor conditions. Approximately two-thirds of all cannabis is produced outdoors.
In California, 400,000 individuals are authorized to cultivate cannabis for
personal medical use, or sale for the same purpose to 2100 dispensaries.
One average kilogram of cannabis is associated with 4600 kg of carbon dioxide
emissions (greenhouse-gas pollution) to the atmosphere, a very significant
carbon footprint, or that of 3 million average U.S. cars when aggregated across
all national production.
Indoor cannabis production utilizes highly energy intensive processes to control
environmental conditions during cultivation.
Indoor cultivation also results in elevated moisture levels that can cause
extensive damage to buildings as well as electrical fires caused by wiring out of
compliance with safety codes.
Indoor carbon dioxide levels are often raised to 4-times natural levels to boost
plant growth when cannabis is cultivated indoors.
Indoor cannabis production results in electricity use equivalent to that of 2 million
average U.S. homes. This corresponds to 1% of national electricity consumption.
In California, the top-producing state, indoor cultivation is responsible for about
3% of all electricity use or 9% of household use. This corresponds to
greenhouse-gas emissions equal to those from 1 million cars.
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Accelerated electricity demand growth has been observed in areas reputed to

have extensive indoor Cannabis cultivation. For example, after the legalization of
medical marijuana in 1996, Humboldt County experienced a 50% rise in percapita residential electricity use compared to other parts of the state.
Shifting cultivation outdoors can nearly eliminate energy use for the cultivation
process. However, outdoor cultivation creates its own environmental impacts.
These include deforestation; destruction of wetlands, runoff of soil, pesticides,
insecticides, rodenticides and human waste; abandoned solid waste; and
unpermitted impounding and withdrawals of surface water. These practices can
compromise water quality, fisheries and other ecosystem services. However,
outdoor cultivation can compromise security.
This study was the product of previous research conducted by the same author. (See
Exhibit 4). Additional research has confirmed these impacts. (See Exhibit 5). The City
has completely failed to analyze the Ordinance's reasonably foreseeable environmental
impacts, specifically the impacts of indoor cultivation in other jurisdictions. The
Ordinance is not exempt from CEQA and there are significant environmental impacts,
as outlined in the aforementioned studies, that the City has failed to mitigate that
implicate agriculture, air quality, water quality, traffic, land use planning, etc.
Cultivation of medical marijuana indoors, including in single-family residential zones,
implicate significant environmental concerns and require meaningful review under
CEQA. Obviously, cultivation of medical marijuana to meet existing patients demand will
need to take place outside City limits as a result of the Ordinance (in fact, outside of the
County due to the ban on cultivation by the County of Fresno) and additional waste
water will be created as a result of these cultivation activities. Moreover, additional
waste plant material (a.k.a bio-waste) will be created that must be disposed of properly.
However, because these activities may take place indoors, the proper means of
disposal is unclear and the City has failed to mitigate the foreseeable environmental
impacts. Indeed, state regulatory agencies, including, for example, the Central Valley
Regional Water Quality Control Board (CVRWQCB), have recognized the
environmental consequences of cultivation and recently issued a notice and fact sheet
to cultivators in an effort to prevent environmental damage. (See Exhibit 6).
Further, and as noted above, there will also be an increase in the electrical consumption
that will be required. These facts are compelling and demonstrate potential significant
environmental effects in terms of (1) Greenhouse Gas Emissions, (2) Hazards &
Hazardous Materials, (3) Hydrology/Water Quality, and (4) Utilities/Service Systems.
3211/2 E. 11 Street, Suite 200, Los Angeles, CA 90012
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The Ordinance Creates New Environmental Harms and Therefore Is Not Exempt from
CEQA as an Activity Designed to Protect the Environment Pursuant to CEQA
Guidelines Section 15308
Further, the City cannot argue that the Ordinance is exempt from CEQA as an activity
"designed to project the environment." It should be emphasized that activities intended
to protect or preserve the environment are not automatically immune from
environmental review. The Guidelines provide that categorical exemptions may not be
used where there is a reasonable possibility that the activity will have a significant effect
on the environment (1) when "the cumulative impact of successive projects of the same
type in the same place, over time is significant" (Guidelines, 15300.2(b)), or (2) due to
"unusual circumstances." (Guidelines, 15300.2(c).) See Dunn-Edwards Corp. Bay
Area Air Quality Management Dist. (1992) 9 Cal.App.4th 644 (overturning amendments
to air district regulations designed to reduce the amount of volatile organic carbons in
paint for failure to comply with CEQA); Building Code Action v. Energy Resources
Conservation & Dev. Com. (1980) 102 Cal.App.3d 577 (adoption of emergency
conservation regulations establishing double-glazing standards for new residential
construction could have significant impact on air quality as result of increased glass
production).
Rulemaking proceedings cannot be found exempt, however, when the rule has the
effect of weakening environmental standards. [Even a] new regulation that strengthens
some environmental requirements may not be entitled to an exemption if the new
requirements could result in other potentially significant effects.
California Unions for Reliable Energy v. Mojave Desert Air Quality Management Dist.
(2009) 178 Cal.App.4th 1225, 1240 (quoting 2 Kostka & Zischke, Practice Under the Cal.
Environmental Quality Act, supra, 20.43, p. 981) (internal citations omitted).
Even if a public agency meets its initial burden to show the exemption is supported by
substantial evidence, it still has to defend against claims that the exemption is subject to
an exception. (Ibid.) Thus, it is simply not the case that a city or county can circumvent
CEQA merely by characterizing its ordinances as environmentally friendly and therefore
exempt under the Class 7 or 8 categorical exemptions.
Save the Plastic Bag Coalition v. County of Marin (2013) 218 Cal.App.4th 209, 228. As
explained below, there is no substantial evidence to support the City's conclusion that
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the Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15308.
Conclusion
While the above discussion is not intended to be an exhaustive list of the reasonably
foreseeable indirect or secondary effects of the Ordinance, it is illustrative of the types
of impacts that the City must analyze. A fair argument has been outlined regarding the
significant environmental effects of the Ordinance. As such, the City is compelled to
prepare an Initial Study pursuant to 15063 of the California Public Resources Code as
there are no applicable exemptions established in Division 13, Articles 18 or 19 of the
California Public Resources Code. The Ordinance will have a significant effect on the
environment and the City has failed to mitigate these impacts as required under CEQA.
As such, the City is required to prepare an Environmental Impact Report. CEQA
Guidelines, 15002, subd. (k); No Oil, Inc. v. City of Los Angeles (1974) 13 Cai.3d 68,
74 (If the initial study shows that the project may have a significant effect, the lead
agency takes the third step and prepares an Environmental Impact Report.)
Regards,
Isl James Shaw

James Shaw
Executive Director

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Exhibit 1
00185
Medical Marijuana Patient Population in CA

Posted May 31s~ 2011 by canarmLadmin
I DB 721 people recommend this. Sign Up to see what your friends

recommend.
Cal.NORML
Estimates 750,000 - 1,125,000
Medical Marijuana Patients in California
Retail Medical Market is $1.5 - $4.5 Billion Per Year
May 31st, 2011. Cantornla NORML estimates that there are now over 750,000 medical marijuana users in the state, or 2% of the population,
according to the most recent data. At the high end, an estimate of over 1, 125,000 patients, or 3% of the population, is consistent with the data.
This represents a substantial Increase from Cal NORM L's earlier estimates of 300,000 (in 2007); 150,000 (in 2005}; and 75,000 (in 2004); but is
in line with registration rates in other comparable states that enjoy similar wide access to medJcal cannabis dinics and dispensaries.
Because patients are not required to register in CaHfornia, their exact number is uncertain. Under California's medical marijuana Jaw, Prop. 215,
patients need only a physician's recommendation to be legal. Just a tiny fraction of the state's medical marijuana population is enlisted in the
state's voluntary ID card program, which issued just 12,659 cards in 2009-10. Theretore, California patient numbers must be estimated from
other sources. Among the most salient are medlcaf marijuana registries in Colorado and Montana, which report usage rates of 2.5".4 and 3.0%,
respectively. Because California's law is older and has more liberal inclusion criteria than other states, usage here ls likely 10 be higher.
Despite this, there is no evidence that liberal access to medical marijuana has spurred overall marijuana use in Caflfornia. According to U.S.
SAMHSA data, the total number of users in the state, including norrmedfca! ones, amounts to 6.7% of the population (2.5 million) within the past
month, or 11.3o/o (4. 1 million) wlthln the past year. This places California only s/lghtly above the national average in marijuana use ( 6.0".4
monthly and 10.4%. yearly), and below several states with tougher marijuana laws. Use of marijuana by California school youth has declined
since Prop. 215 passed, according to data from the Attorney General's Survev of Student Drue Use in California. The increase in medical
marijuana use therefore appears to reflect a tendency for existing users to "go medical," rather than the enlistment of new users.
UPDATE 611: Jn California and nearly every other medical marijuana state in the US, monthly use by teenagers, highway fatalities, and
work.place injuries/illnesses are down since the state legalized medical marijuana. <See below)
The total retail value of medical marijuana consumed in California can be estimated at between $1.5 and $4.5 bi!Jion per year, assuming a
market of 2% to 3% or the population, average use of 0.5 to 1 gram per day, and an average cost of $320 per ounce.
Basis for 2"-4 ~ 3% Estimate
CalifOmia's patient population can be estimated from data from other medical marijuana states where patients are requlred to register, shown in
the table below. The top two of these are Colorado and Montana, which, like California, have a well developed network of cannabis clinics and
dispensaries, and which report usage rates of 2.5% and 3.0%, respectively. other states, where medical marijuana is fess developed, report
lower rates of i 0/o and less. However, California is likely to be on the high side because it has the oldest and most liberal law in the nation.
Significantly, California is the only state that permits marijuana to be used for any condition for which it provides re/1ef - in particular, psychiatrlc
disorders, such as PTSD, bipolar disorder, ADD, anxiety and depression, which account for some 20/a-25% of the total patient population LQlJ.
Adjusting tor this, usage in California could be as much as 25% to 33% higher than in Colorado and Montana, whlch would put It well over 3% of
the population (1, 125,000).
jState
llRegistered Patients
j/ 1, Population
jcolorado [ 1)
11123,890
i12s%
/Hawaii [2)
IJs,190
1104%
!(Hawaii - Oahu
11691
llo 1%)
/(Hawaii - Big Island
l/3,160
J1.7%)
/Michigan [3)
1163,869
1106%
/Montana (4)
1129,948
113.0%
_jJ39,774
1110%
Jfil?.L
Jlo.3%
joregon [SJ
!Rhode Island (6)
I
I
I
_J
_J
I
_J
I
00186
Sources: (1) hltp./fwwwcdphe.state.co.us/hs/medicaJmarijuanatslatistlcs.h!ml, accessed 5/3012011; (2) Andrew Pereira, "Number of Medical Marijuana Patients
Soars," KHON News, Nov. 13, 2009; (3} ."Bringing Clarity to Michigan's Medical Marijuana Law, n Det'.oit Free Press, Apr 3, 2011;
(4) http:l/www.dphhs.m1.gov/majicaJmarijuanatmmphis!oricaldata.shtmJ [Note: eligibility in Montana rs due lo be restricted under a new law passed in 2011];
(5)http://public.health.oreqon.gov/DlseasesConditions/Chron1cDisease/Med1ca1Marl\uanaProgram/Paoes/da1a.aspx;
(6} http :/lwww. heatth. ri.gov/pubJications/prooramreoor1s/MedicaJMarijuana2011 .pdf
A 2".k+ patient population estimate is supported by data from the Oakland Patient ID Center, which has been issuing patient identification cards
to its members since 1996. The OP/DC serves patients from all over the state, but especially the greater Oakland-East Bay area of Northern
CaJifomla, where its cards are honored by !aw enforcement. As of 2010, the OP JDC had issued !D's to 19,805 members from five East Bay cities
{Oakland, Berkeley, Alameda, Hayward and Richmond), amounting to 2.4% of the local population Because the cards were issued over a
period of 14 years, they include numerous patients who have lapsed, moved, or deceased. On the other hand, they do not include many other
local patients who have current recommendations but never registered with the OPIDC.
Even higher numbers have been reported by the Peace In Medicine collective in Sebastopol, Sonoma County, whose members number 3.6% of
local residents I@,
Caution is needed in projecting these figures statewide, since usage is subject to substantial local vari~tions. For example, in Hawaii per capita
usage is over twenty times higher on the Big Island than on the main island of Oahu. This can be explained by local differences in culture as well
as access to cannablsrecommendlng physic"1ans. California Is a heterogeneous state, ln which usage is likely to be higher in liberal coastal
areas than in the more culturally conservative interior.
Nonetheless, there are sound reasons not to be surprised by medical marijuana usage rates of 2% and more. A poll by Health Canada~
tound that 4% of the population over age 15 used cannabis for medical reasons without government pennlssion; another poll IQ.1J by Toronto's
Centre tor Addiction and Mental Health found that 2% of Ontario adults used marijuana for medicine.
Marijuana's popularity can be explained by Its tow toxicity, pleasant effects, and remarkably wide range of therapeutic uses, over 250 of which
have been reoorted. By far the leading application Is chronic pain, which accounts for the majority of a!I recommendations. Studies by
California's Center tor Medicinal Cannabis Research have shown that marijuana is particularly effective for neuropathlc pain, an otherwise
difficult to treat condition that afflicts up to 7- 8% of the population. Patients who use marijuana tor pain commonly report significant reductions in
their use of other medications, in particular prescription opiates.
REFERENCES:
[01} Nunberg, Helen; Kilmer, Beau: Pacula, Rosalie Liccardo; and Burgdot1, James A. (2011) "An Analysis of Applicants Presenting to a Medical Marljuana
Specialty Practice in California," Journal of Drug Policy Analysis: Vol. 4 : lss. 1. Article 1.
Gieringer D. (2002) Medical use of cannabis: Experience in California. In Grotenhermen F & Russo E {Eds.), Cannabis and cannabinoids: pharmacotogy,
toxicology, and therapy(pp. 143 152). New York'. Haworth Press.
Gieringer D. (2003}. The acceptance of medicinal marijuana 1n the U.S. Journal of Cannabis Therapeutics, 3(1 ).
f02] Personal communication: 1, 144 patients from Zip code 95472 May, 21, 2011.
!03] Health canada poll: Ottawa cmzen, "Most 'medical' marijuana use Illegal: Pon," Feb 3, 2002.
{04} Toronto CAMH poll: Ogbome, A. et a!., "Sell reported mecfica! use ol marijuana: A survey 01 the general population", Canadian Medical Association Journal
152:1685-6 (2000).
UPDATE 611'
America's One Million Legalized Mariiuana Users

May 31st, 2011 By: Russ Belville, NOAML Outreach Coordinator
In all medical martjuana states for which we have data:
-Monthly use by teenagers fs down in all states but Maine
Highway fatalities are down everywhere except Rhode Island
-Workplace injuries/illnesses are down everywhere.
In California:
Age 12-17 Monthly

Use When Passed
Age 12-17
Monthly Use in
2008
Highway
Fatafities When
Passed
Highway
Fatalities in
2009
7. 70o/o
6.86/o
3 989
3,081
Workplace Injuries I
Illness When Passed
Workplace
Injuries / Illness in
2009
Click on the number for the data source

See da1a for other states
e Add new comment
00187
Exhibit 2
00188
Greenhouse Gas Emissions from a

Typical Passenger Vehicle
he U.S. Environmental Protection Agency (EPA) developed this

fact sheet to answer common questions about greenhouse gas
emissions from passenger vehicles. This fact sheet provides emission
rates and calculations consistent with EPA's regulatory work.
How much tailpipe carbon dioxide (CO,) is created from burning one gallon
of fuel?
The amount of C01 created from burning one gallon of fuel depends on the amount
of carbon in the fuel. After combustion, a majority of the carbon is emitted as C01
and very small amounts as hydrocarbons and carbon monoxide. Carbon content
varies by fuel, and some variation within each type of fuel is normal. The EPA and
other agencies use the following average carbon content values to estimate C01
emissions:
CO, Emissions from a gallon of gasoline:
C01 Emissions from a gallon of diesel:
8,887
10,180
grams co,; gallon 1

grams C0 1/ gallon1
Vehicles that use diesel fuel generally have higher fuel economy than comparable
gasoline vehicles. However, when comparing carbon dioxide emissions, the higher
col emissions from diesel fuel partially offset the fuel economy benefit.
This gasoline factor is from a recent regulation establishing GHG standards for model year 20122016 vehicles (75 FR 25324, May 7, 2010).
This diesel factor is from the calculations that vehicle manufacturers use to measure fuel economy
(40 C.ER 600.113).
ftE...
~ . .
~;J
United States
Environmental Protection
.Agency
Office of Transportation and Air Quality

EPA-420-F-11-041
December 2011
00189
How much tailpipe carbon dioxide (CO 2 ) is emitted from driving a mile?
The average passenger vehicle emits about 423 grams of C02 per mile. This number can vary
based on two factors: the fuel economy of the vehicle and the amount of carbon in the vehicle's
fuel. The average gasoline vehicle on the road today has a fuel economy of about 21 miles per
gallon. 3 Most vehicles on the road in the US today are gasoline vehicles, and every gallon of
gasoline creates about 8887 grams of CO, when burned. Therefore, the average vehicle when
driving one mile has tailpipe CO, emissions of about:
co2 emissions per mile
CO2 per gallon

MPG
8887
21
423 grams
What are the average annual carbon dioxide (C02 ) emissions of a typical passenger vehicle?
A typical passenger vehicle emits about 5.1 metric tons of carbon dioxide per year. This number
can vary based on a vehicle's fuel, fuel economy, and the number of miles driven per year. The
average gasoline vehicle on the road today has a fuel economy of about 21 miles per gallon and
drives around 12,000 miles per year. Every gallon of gasoline burned by that vehicle creates
about 8887 grams of CO,, and there are one million grams per metric ton. Therefore, the average
vehicle over a year of driving has tailpipe CO, emissions of about":
Annual CO2 emissions
co2 per ga!lon

MPG
8887
miles = - - x 12000 = 5. I metric tons

21
EPA uses this to compare CO, emissions from other sources to emissions from passenger vehicles.
For example, an energy efficiency program that reduces greenhouse gas emissions by 5,100 metric
tons of C02 per year has the same impact as removing 1000 vehicles from the road.
Are there other sources of greenhouse gas emissions from a vehicle?

In addition to carbon dioxide (C02 ), automobiles produce methane (CH 4) and nitrous oxide
(N20) from the tailpipe, as well as hydro fluorocarbon (HFC) emissions from leaking air conditioners. The emissions of these gases are small in comparison to C02; however, these gases are
more potent greenhouse gases (they have a higher global warming potential) than CO,.
' This is representative of the light duty passenger vehicle fleet as a whole, including both new and existing vehicles.
EPA expects the average passenger vehicle fuel economy to increase over time as a result of new greenhouse gas
and fuel economy standards developed in coordination between EPA, DOT and California.
4 This calculation provides a simple way to determine the average annual co2 emissions from a passenger vehicle.
Anyone that needs a more detailed approach should use the EPA's Motor Vehicle Emission Simulator (MOVES)
model (www.epa.gov/otaq/models/moves/index.htm). This model contains detailed data about the light duty fleet
and driving patterns in the United States. Although simplified, the calculated annual C02 emissions above are
consistent with analyses performed by the EPA using MOVES.
00190
Emissions of greenhouse gases are typically expressed in a common metric so that their impacts
can be directly compared. The international standard is to express greenhouse gases in units of
carbon dioxide equivalent, commonly written as C0 2e. For a given amount of a greenhouse gas,
multiplying the amount of gas times the global warming potential (GWP) for that gas results
in the amount of greenhouse gas in terms of CO,e. For automotive-related gases, these global
warming potentials are:
Greenhouse Gas
Carbon Dioxide
Methane
Nitrous Oxide
Air Conditioning Refrigerant
Abbreviation
GWP5
co,
CH 4
N,O
HFC-134a
25
298
1,430
It is more difficult to estimate vehicle emissions of CH4, N,O, and HFCs than of COr Emissions
of CH4 and N 20 are dependent on vehicle miles traveled rather than fuel consumption per mile.
The amount of HFC leakage from air conditioners is dependent on many factors, including
system design, amount of use, and maintenance. On average, C02 emissions represent 95-99%
of the total greenhouse gas emissions from a passenger vehicle. CH4, N20, and HFC emissions
represent roughly 1-5% of the total greenhouse gas emissions from passenger vehicles, after
accounting for the global warming potential of each greenhouse gas.
What are the tailpipe emissions from a plug-in hybrid or an electric vehicle? What about
hydrogen fuel cell vehicles?
A vehicle that can only operate on electricity will not emit any tailpipe emissions. A fuel cell
vehicle operating on hydrogen will emit only water vapor.
Plug-in hybrid vehicles (PHEVs) can operate on either electricity or gasoline. When a PHEV is
operating on electricity, it does not create any tailpipe emissions. However, when it is operating
on gasoline, it creates tailpipe greenhouse gas emissions based on the PHEV's gasoline fuel economy. These emissions can be calculated as shown in the second question. The overall tailpipe
emissions for a PHEV depend on the percentage of miles the vehicle drives on electricity versus
gasoline. This can vary significantly based on the PHEV's battery capacity, how it is driven, and
how often it is charged.
Are there any greenhouse gas emissions associated with the use of my vehicle other than
the tailpipe emissions?
Driving most vehicles creates tailpipe greenhouse gas emissions. Producing and distributing the
fuel used to power your vehicle also creates greenhouse gasses. Gasoline, for example, requires
s These 100-year time horizon GWP values are from the 2007 Intergovernmental Panel on Climate Change
(JPCC) Fourth Assessment Report.
00191
extracting oil from the ground, transporting it to a refinery, refining the oil into gasoline, and
transporting the gasoline to service stations. Each of these steps can produce additional greenhouse gas emissions.
Electric vehicles have no tailpipe emissions; however, greenhouse gas emissions are created during
both the production and distribution of the electricity used to fuel the vehicle. Calculators on
Fueleconomy.gov allow you to estimate grams of greenhouse gas emissions per mile for an electric
vehicle in your region of the country.
I thought my gasoline was blended with ethanol. Does that change the tailpipe C02 emissions?
It is common in the U.S. to blend gasoline with a small percentage of ethanol. Most of the
gasoline sold in the U.S.is really a mixture of gasoline and up to 10% ethanol (this mixture is
often referred to as E10) 6 The exact formulation of the gasoline in your vehicle will vary depending on season, region in the U.S., and other facrors. While your fuel economy when using
an ethanol blend in your vehicle will be slightly lower than when using pure gasoline, the CO
2
tailpipe emissions per mile will be similar. This is because ethanol has less carbon per gallon
than gasoline.
How does the EPA measure C02 emissions from motor vehicles?
The EPA and automobile manufacturers test vehicles using a set of standardized laboratory
tests. These tests were designed by the EPA to mimic typical driving patterns. The EPA and the
Department of Transportation use these values to ensure that the vehicle meets federal corporate
average fuel economy (CAFE) standards. The test results are then adjusted to reflect different
driving conditions and estimate fuel economy and greenhouse gas emissions for an average
driver. These adjusted results are used on the Fuel Economy and Environment Label seen on all
new vehicles and on Fueleconomy.gov. Detailed information on the test cycles is available on
the EPA's National Vehicle and Fuel Emissions Laboratory website (www.epa.gov/nvfel/).
How can I find and compare C0 2 emission rates for specific vehicle models?
You can find and compare vehicle CO, emissions at Fueleconomy.gov. Beginning with model
year 2013, vehicle manufacturers will include tailpipe C02 emission rates on the vehicle Fuel
Economy and Environment labels. These new labels also feature a convenient 1-to 10 Fuel
Economy and Greenhouse Gas Rating to enable easy comparison shopping. A Smartphone QR
Code on the label will direct consumers to the website Fueleconomy.gov for more information.?
The amount of ethanol in gasoline has historically been limited to 10%; however, the El 5 waiver increases that
amount to 15% for some vehicles. For more information see: www.epa.gov/otaq/regs/fuels/additive/e 15/
QR (or "quick response") Codes are simply two.dimensional bar codes used to store infonnation. Jn this case, the
information is a web site URL. The term QR Code is a registered trademark of Denso Wavve Incorporated.
00192
The EPA publishes additional data in the report "Light-Duty Automotive Technology,
Carbon Dioxide Emissions, and Fuel Economy Trends" (www.epa.gov/otaq/fetrends.htm). The
Trends Report analyzes trends in fuel economy and CO, emissions for new light duty vehicles
from 1975 to the present.
Where can I find information on the emissions of the transportation sector as a whole?
How can I compare this to other sectors?
You can find documents on greenhouse gas emissions on the EPA's Transportation and Climate
(www.epa.gov/otaq/climate) website. This website is maintained by the Office of Transportation
and Air Quality (OTAQ).
<
U.S. Greenhouse Gas Inventory Report (EPA-430-R-11-005, April 2011):

www.epa.gov/climatechange/emissions/usinventoryreport.html
Light-Duty Greenhouse Gas Standards: www.epa.gov/otaq/climate/regulations.htm
Light-Duty Automotive Technology, Carbon Dioxide Emissions, and
Fuel Economy Trends: www.epa.gov/otaq/fetrends.htm
Fueleconomy.gov
For additional information on calculating emissions of greenhouse gases, please contact:

OTAQ@epa.gov
Or you can contact the OTAQ library for document information at:
U.S. Environmental Protection Agency
Office of Transportation and Air Quality
2000 Traverwood Drive
Ann Arbor, Ml 48105
734-214-4311 & 734-214-4434
E-mail: Group_AA!ibrary@epa.gov
00193
Exhibit 3
00194
Energy Policy I (HU) IU-IU
Contents lists available at SciVerse ScienceDirect
ENERGY
POLICY
Energy Policy
1:1 SI VI f
!~
journal homepage: www.elsevier.com/locate/enpof
The carbon footprint of indoor Cannabis production

Evan Mills
Energy Assodates, Box 1688, Mendocino, Ol. 95460, United States
ARTlCLE INFO
ABSTRACT
Article history:
Received 7 September 2011
Accepted 10 March 2012
The emergent industry of indoor Cannabis production - legal in some jurisdictions and illicit in others utilizes highly energy intensive processes to control environmental conditions during cultivation. This
artide estimates the energy consumption for this practice in the United States at 1% of national
electricity use, or $6 biJlion each year. Doe average kilogram of final product is associated with 4600 kg
of carbon dioxide emissions to the atmosphere, or that of 3 million average U.S. cars when aggregated
across all national production. The practice of indoor cultivation is driven by criminalization, pursuit of
security, pest and disease management, and the desire for greater process control and yields. Energy
analysts and policymakers have not previously addressed this use of energy. The unchecked growth of
electricity demand in this sector confounds energy forecasts and obscures savings from energy
efficiency programs and policies. While criminalization has contributed to the substantial energy
intensHy, legalization would not change the situation materially without ancillary efforts to manage
energy use, provide consumer information via labeling, and other measures. Were product prices to fall
as a result of legalization, indoor production using current practices could rapidly become non-viable.
2012 Elsevier Ltd. AU rights reserved.
Keywords:
Energy
Buildings
Hortkulture
1. Introduction
on occasion, previously unrecognized spheres of energy use

come to light. Important historical examples include the pervasive air leakage from ductwork in homes, the bourgeoning energy
intensity of computer datacenters, and the electricity "leaking"
from biJJions of smaJJ power supplies and other equipment.
Intensive periods of investigation, technology R&D, and policy
development gradually ensue in the wake of these discoveries.
The emergent industry of indoor Cannabis production appears to
have joined this list. 1
This article prfsents a model of the modern-day production
process - based on pub1ic-domain sources - and provides firstorder national scoping estimates of the energy use, costs, and
greenhouse-gas emissions associated with this activity in the
United States. The practice is common in other countries but a
global assessment is beyond the scope of this report.
2. Scale of activity
The large-scale industrialized and highly energy-intensive
indoor cultivation of Cannabis is a relatively new phenomenon,
driven by criminalization, pursuit of security, pest and disease
E-mail address: evanmillsl@gmaH.com
l This article substantively updates and extends the analysis described in
MHls {201 l ).
management, and the desire for greater process control and yields
(U.S. Department of justice, 201 la; World Drug Report, 2009). The
practice occurs across the United States (Hudson, 2003; Gettman,
2006). The 415,000 indoor plants eradicated by authorities in
2009 (and 10.3 million including outdoor plantations) (U.S.
Department of justice, 201la, b) presumably represent only a
sman fraction of total production.
Cannabis cultivation is today legal in 15 states plus the District
of Columbia, although it is not federally sanctioned (Peplow,
2005). It is estimated that 24.8 million Americans are eligible to
receive a doctor's recommendation to purchase or cultivate
Cannabis under existing state laws, and approximately 730,000
currently do so (See Change Strategy, 2011 ). Jn California alone,
400,000 individuals are currently authorized to cultivate Cannabis
for personal medical use, or sale for the same purpose to 2100
dispensaries (Harvey, 2009). Approximately 28.5 million people
in the United States are repeat consumers, representing 11 %
of the population over the age of 12 (U.S. Office of National
Drug Control Policy, 2011 ).
Cultivation is also substantial in Canada. An estimated J 7,500
"grow" operations in British Columbia (typically located in residential builc;lings) are equivalent to 1% of an dwelling units Provincewide, with an annual market value of $7 billion (Easton, 2004).
Official estimates of total U.S. Cannabis production varied from
J 0,000 to 24,000 mettic ton per year as of 2001, making it the
nation's largest crop by value at that time (Hudson, 2003;
Gettman, 2006). A recent study estimated national production
at far higher levels (69,000 mettic ton) (HJDTA, 2010). Even at the
0301-4215/$-see front matter e 2012 Elsevier Ltd. All rights reserved.

http://dx.doi.org/1 0.1016/j.enpol.2012.03.023
Please cite this article as: Mills, E., The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10.1Ol6/j.enpol.2012.03.023
00195
E Mills/ Energy Policy 1 (llH) 11H-IH
Jower end of this range (chosen as the basjs of this analysis), the
JeveJ of activity is formidable and increasing with the demand for
Cannabis.
No systematic efforts have previously been made to estimate

the aggregate energy use of these activities.
3. Methods and uncertainties

This analysis is based on a model of typical Cannabis production, and the associated energy use for cultivation and transportation based on market data and first-principals buildings energy
end-use modeling techniques. Data sources indude equipment
manufacturer data, trade media, the open literature, and interviews with horticultural equipment vendors. All assumptions
used in the analysis are presented in Appendix A. The resulting
normalized (per-kilogram) energy intensity is driven by the
effects of indoor-environmental conditions, production processes,
and equipment efficiencies.
Considerable energy use is also associated with transportation,
both for workers and for large numbers of smaJJ-quantities transported and then redistributed over Jong distances before final sale.
This analysis reflects typical practices, and is thus intended as
a "central estimate". While processes that use less energy on a
per-unit-yie]d basis are possible, much more energy-intensive
scenarios also occur. Certain strategies for lowering energy inputs
(e.g., reduced i1Iumination levels) can result in lower yields, and
thus not necessarily reduce the ultimate energy-intensity per unit
weight. Only those strategies that improve equipment and process energy efficiency, while not correspondingly attenuating
yields would reduce energy intensity.
Due to the propiietary and often illicit nature of Cannabis
cultivation, data are intrinsically uncertain. Key uncertainties are
total production and the indoor fraction thereof, and the corresponding scaling up of relatively weU-understood intensities of
energy use per unit of production to state or national levels couJd
result in 50% higher or lower aggregate resuJts. Greenhouse-gas
emissions estimates are in turn sensitive to the assumed mix of
on- and off-grid power production technologies and fuels, as offgrid production (almost universaUy done with diesel generators)
can - depending on the prevaiJing fuel mix in the grid - have
substantialJy higher emissions per kilowatt-hour than grid power.
Final energy costs are a direct function of the aforementioned
factors, combined with electricity tariffs, which vary widely
geographically and among customer classes. The assumptions
about vehicle energy use are likely consetvative, given the longerrange transportation associated with interstate distribution.
Some localities (very cold and very hot dimates) will see much
larger shares of production indoors, and have higher spaceconditioning energy demands than the typical conditions
assumed here. More in-depth analyses could explore the variations introduced by geography and dimate, alternate technology
configurations, and production techniques.
4. Energy implications
Accelerated e1ectridty demand growth has been obsetved in
areas reputed to have extensive indoor Cannabis cultivation. For
example, following the legalization of cultivation for medical
purposes (Phillips, 1998; Roth, 2005; Clapper et al., 2010) in
California in 1996, Humboldt County experienced a 50% rise in
per-capita residential electricity use compared to other parts of
the state (Lehman and Johnstone, 2010).
Aside from sporadic news reports (Anderson, 201 O; Quinones,
201 O), policymakers and consumers possess little information on
the energy implications of this practice. A few prior studies

tangentially mentioning energy use associated with Cannabis
production used cursory methods and under-estimate energy
use significantly (Plecas et al., 2010 and Caulkins, 2010).
Driving the large energy requirements of indoor production
facilities are lighting IeveJs matching those found in hospital
operating rooms (500-times greater than recommended for reading) and 30 hourly air ch.anges (6-times the rate in high-tech
laboratories, and 60-times the rate in a modern home). Resulting
power densities are on the order of 2000 W/m2 , which is on a par
with that of modern datacenters. Indoor carbon dioxide (C02 )
levels are often raised to 4-tirnes natural levels in order to boost
plant growth. However, by shortening the growth cycle, this
practice may reduce final energy intensity.
Specific energy uses include high-intensity lighting, dehumidification to remove water vapor and avoid mold formation, space
heating or cooling during non-illuminated periods and drying,
pre-heating of irrigation water, generation of carbon dioxide by
burning fossil fuel, and ventilation and air-conditioning to remove
waste heat. Substantial energy inefficiencies arise from air cleaning, noise and odor suppression, and inefficient electric generators
used to avoid conspicuous utility bills. So-called "grow houses"_
residential buildings converted for Cannabis production - can
contain 50,000 to 100,000 W of installed lighting power (Brady,
2004). Much larger facilities are also used.
Based on the model deve1oped in this article, approximately
13,000 kW/h/year of electricity is required to operate a standard
production module (a 12 x 12 x 2.4 m (4 x 4 x 8 ft) chamber). Each
module yields approximately 0.5 kg (1 pound) of final product
per cycle, with four or five production cycles conducted per year.
A single grow house can contain lo to 100 such modules.
To estimate national electricity use, these normalized values
are applied to the lower end of the range of the aforementioned
estimated production (10,000 t per year), with one-third of the
activity takes place under indoor conditions. This indicates
electricity use of about 20 TW{h/year nationally (including offgrid production). This is equivalent to that of 2 million average
U.S. homes, corresponding to approximately 1% of national
electricity consumption - or the output of 7 large electric power
plants (Koomey et al., 2010). This energy, plus associated fuel uses
(discussed below). is valued at $6 biJlion annuaUy, with associated emissions of 15 miHion metric ton of C02 - equivalent to
that of 3 million average Amedcan G1rs (Fig. 1 and Tables 1-3.)
Fuel is used for several purposes, in addition to electricity. The
carbon dioxide injected into grow rooms to increase yields is
produced industtial]y (Overcash et al., 2007) or by burning propane
or natural gas within the grow room contributes about 1-2% to the
carbon footprint and represents a yearly U.S. expenditure of $0.]
billion. Vehicle use associated with production and distribution
contributes about 15% of total emissions, and represents a yearly
expenditure of $1 billion. Off-grid diesel- and gasoline-fueled
electric generators have per-kilowatt-hour emissions burdens that
are 3- and 4-times those of average grid electricity in California. It
requires 70 gallon of diesel fuel to produce one indoor cannabis
plant (or the equivalent yield per unit area), or 140 gallon with
smaller, less-efficient gasoline generators.
In California, the top-producing state, indoor cultivation is
responsible for about 3% of an electricity use, or 9% of household
use. 2 This corresponds to the electricity use of 1 miHion average
California homes, greenhouse-gas emissions equal to those from
1 million average cars, and energy expenditures of $3 bi11ion per
2
This is somewhat higher than estimates previously made for British
Columbia, spedfically, 2% of total Provincial electricity use or 6% of residential
use (Garis, 2008; Bellett, 2010).
Please cite this article as: Mills, E., The carbon footpdnt of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10.1016/j.enpol.2012.03 .023
00196
E. Mills/ Energy Policy I (11111) 111-IH
High-intensity lamps
Vehicles
Water purifier
Heater
Mechanically
ventilated light fixture
if
I
Subm~!
Water
handlinJl
water heater
!%
2%
co,
Vehicles
12%
,;-['
:
.'
..
COl
production
2%
Pump
generator
Drying
~ ~-~
Ballast
4600
S.oate hN1!
4S:i
kgCO,Jkg
Indoor
Cannabis
Chiller
Ozone
generator
j!!r-.
-..;
\__..,.~'"
Motorized lamp
rails
Air
conditioning
19~:
Powered
carbon filter
1w:it
(..-~'L
q.\. _,__
~ Controllers
/~)
Ven ti la tlon &
Dehurnid
27%
~-
Oscillating fan
Dehumidifier
Room fan
lnMline duct fan,

coupled to lights
Fig. 1. Carbon footprint of indoor Cannabis production.
Table 1
carbon footprint of indoor Cannabis production, by end use (average
conditions).
Lighting
Ventilation &
dehumid.
Air conditloning
Space heat
C02 injected to
increase foliage
Water handling
Drying
Vehicles
Total
u.s
Energy intensity
(kW/h/kg yield)
Emissions factor (kgCO;i

emiSsions/kg yield)
2283
1848
1520
1231
33%
1284
304
855
202
Bl
19%
4%
2%
11S
2%
60
546
1%
11%
4612
100%
93
173
90
6074
27%
Note: The calculations are based on U.S.-average carbon burdens of 0.666 kg/kW/h.
.. CO injected to increase foliage" represents combustion fuel to make on-slte CQi.
Ass:mes 15% of electricity is produced in off-grid generators,
year. Due to higher electricity prices and cleaner fuels used to

make electricity, California incurs 50% of national energy costs but
contributes only 25% of national C02 emissions from indoor
Cannabis cultivation.
from the perspective of individual consumers, a single Cannabis
cigarette represents 1.5 kg (3 pounds) of C02 emissions, an amount
equaJ to driving a 44mpg hybrid car 22 mile or running a 100-watt
light bulb for 25 h, assuming average U.S. electricity emissions. The
electricity requirement for one single production module equals that

of an average U.S. home and twice that of an average California
home. The added electricity use is equivalent to running about 30
refrigerators.
From the perspective of a producer, the national-average
annual energy costs are approximately $5500 per module or
$2500 per kilogram of finished product. This can represent half
the wholesale value of the finished product (and a substantially
Jower portion at retail), depending on ]oca1 conditions. For
average U.S. conditions, producing one kilogram of processed
Cannabis results in 4600 kg of C02 emissions to the atmosphere
(and 50% more when off-grid diesel power generation is used), a
very significant carbon footprint. The emisslons associated with
one kilogram of processed Cannabis are equivalent to those of
driving across country 11 times in a 44-mpg car.
These results reflect typical production methods. Much more
energy-intensive methods occur, e.g., rooms using l 00% recirculated air with simultaneous heating and cooling, hydroponics 1
or energy end uses not counted here such as wen-water pumps
and water purification systems. Minimal infonnation and consideration of energy use, coupled with adaptations for security
and privacy (off-grid generation, no daylighting, odor and noise
control) lead to particularly inefficient configurations and correspondingly elevated energy use and greenhouse-gas emissions.
The embodied energy of inputs such as soil, fertilizer, water,
equipment, building materials, refinement, and retailing is not
estimated here and should be considered in future assessments.
The energy use for producing outdoor-grown Cannabis (approximately two-thirds of an production) is also not estimated here.
Please cite this article as: Mills. E., The carbon footprint of indoor Cannabis production. Energy Policy (2012), http://dx.doi.org/
10.1Ol6/j.enpol.2012.03.023
00197
E. Mills/ Energy Policy 1 (nu) llI-IUI
Table 2
Equivalencies.
Indoor Cannabis production consumes ... 3%
U.S. Cannabis production & distribution

energy costs ..
S6
U.S. electricity use for Cannabis

production ls equivalent to that of..
California Cannabis production and
of California's total
electricity, and
of California's
1%
household electricity
9%
Billion, and results in the 1S

emissions of
Million tonnes per

year of greenhouse
gas emissions (C02 )
Equal to the
emissions of
1.7
Million average U.S.

homes
Average US. power

plants
S3
Billion, and results in the 4

emissions of
Million tonnes per

year of greenhouse
gas emissions (COi)
Equal to the
emissions of
distribution energy costs ...
0'
California electricity use for Cannabis

production is equivalent to that of..
Million average California

homes
A typical 4 x 4 x B~ft production module,

accomodating four plants at a time,
consumes as much electricity as ...
Average U.S. homes, or
Average California
homes
oc
4.3
Tonnes of CO:;i
EquivaJent to
Cross-country trips
in a 5.3 l/10Dkm
(44 mpg) car
Every 1 kg of Cannabis produced using a 4.6
Tonnes of C02
Equiv alent to
Cross-country trips
in a 53 1/100 km
(44 mpg) car
.Every 1 kilogram of Cannabis produced

using national-average grid power
results in the emissions of. _
prorated mix of grid and off-grid

generators results in the emissions
of. ..
Every 1 kg of Cannabis produced using
off-grld generators results in the
emissions of.. _
6.6
Tonnes of C0 2
EquivaJent to
11
Cross-country trips
ina53 J/lOOkm
(44 mp g) car
Transportation (wholesale+ retail)

consumes ...
226
Liters of gasoline per kg
oc
S1
Billion dollars
annually, and
of total U.S.
electricity,
and
2% of U.S.
household
electricity
million
average cars
Million
average cars
29
S46
Average new
refrigerators
Kilograms of
~per
kilogram of
final product
One Cannabis cigarette is like driving ..
37
km in a 53 l/100km
(44 mpg) car
Of the total wholesale price ..
49%
Js for energy (at average

U.S. prices)
If improved practices applicable to commercial agricultural

greenhouses are any indication, such large amounts of energy are
not required for indoor Cannabis production.3 The application of
cost-effectjve, commerciaJly-available efficiency improvements to
the prototypical facility modeled in this article could reduce
energy intensities by at least 75% compared to the typicaJefficiency baseline. Such savings would be valued at approximately $40,000/year for a generic 10-module operation (at
California energy prices and $10,000/year at U.S. average prices)
(Fig. 2(a)-(b). These estimated energy use reductions reflect
practices that are commonplace in other contexts such as more
efficient components and controls (lights, fans, space-conditioning), use of daylight, optimized air-handling systems, and relocation of heat-producing equipment out of the cultivation room.
Moreover, strain choice alone results in a factor-of-two difference

in yields per unit of energy input (Arnold, 2011 ).
Emitting 2
about
kg of C0 2 , which is
2S
equivalent to
operating a 100-watt
light bulb for
Hours
5. Energy intensities in context

Policymakers and other interested parties wi1l rightfully seek
to put these energy indicators in context with other activities in
the economy.
One can readily identify other energy end-use activities with
far greater impacts than that of Cannabis production. For example,
automobiles are responsible for about 33% of U.S. greenhouse-gas
emissions (USDOE, 2009), Which islOO-times as much as those
produced by indoor Cannabis production (0.3%). The approximately 20 TW/h/year estimated for indoor Cannabis production
is about one/third that of U.S. data centers (US EPA, 2007a,
2007b), or one-seventh that of U.S. household refrigerators
(USDOE, 2008). These shares would be much higher in states
where Cannabis cultivation is concentrated (e.g., one half that of
refrigerators in California (Brown and Koomey, 2002)).
On the other hand, this level of energy use is high in comparision to that used for other indoor cultivation practices, primarily
owing to the lack of daylighting. For comparison, the energy

intensity of Belgian greenhouses is estimated at approximately
3
see, e.g., this University of Michigan resource: http://www.hrtmsu.edu/
energy/Default.htm
1000 MJ/m 2 (De Cock and Van Lierde, No date), or about 1% that
estimated here for indoor Cannabis production.
10.1Ol6/j.enpol.2012.03.023
.
00198
E. Mills I Energy Policy t (Hn) Hf-Iii
Table 3
Energy indicators (average U.S. conditions).
8000
~
~
<
per cycle, per per year, per

production
production
module
module
Energy use
Connected load
Power density
Elect
Fuel to make C02
Transportation fuel
On-grid results
Energy cost
Energy cost
Fraction of wholesale price
CD:z emissions
C02 emissions
Off-grid results (diesel)
Energy cost
Energy cost
C0 2 emissions
co2 emissions
Blended on/off grid results
Energy cost
Energy cost
c~ emissions
C02 emissions
Of which, indoor COi
production
Of which, vehicle use

Fuel use
During production
Dlstribution
Cost
During production
Distribution
Emissions
During production
Distribution
3,225
2756
03
27
846
2,169
12,898
J.6
127
6000
r. Water ham:!IJrig
Ii
5000
1t C02
"
(GJ)
(Gallons
fl
0
4000
fl
3000
EAir eondltioning
I.I'
2000
11Ligllting
1000
$/module
$/kg
fJ
4,267
kg
kg/kg
1183
5,536
2,608
$/module
$/kg
9,058
65%
Worst
i
2
3000
2000
1500
897
4,197
1,977
$/module
$/kg
il
u 1000
2093
9,792
4,613
kg
kgC02/kg
"w
42
kgC02
79
147
Liters/kg
Llters/kg
77
143
$/kg
$/kg
191
355
kgCO,/kg
kgCO,fkg
; California resklen'lial
electricity price
Improved
65% (energy oost as. % of whotasa!e vaf1.1a)
2500
kg
kgC02/kg
49%
Average
13,953
6,574
2982
injected to increase foliage
!!:Space heat
<
3,961
1,866
Vehicies
.cOrying
{watts/module)
(watts/m 2 )
(kW/h/module)
7000
47%
1936
IC US
41%
rosiden\ia!
electricity price
soo
0
Womt
A.Yerage
Improved
Fj,g. 2. Carbon footprint and energy cost for three levels of efficiency. (a) Indoor
cannabis: carbon footprint. (b) Indoor cannabis: electricity cost Assumes a
wholesale price of $4400/kg. Wholesale prices are highly variable and poorly
documented.
' ' _..,.,.

'
"""""
- .......
10
12
14
16
Energy intensities can also be compared to those of other

sectors and activities.
Pharmaceuticals - Energy represents 1% of the value of
U.S. pharmaceutical shipments (Galitsky et al., 2008) versus
50% of the value of Cannabis wholesale prices. The U.S.
"Pharma" sector uses $1 billion/year of energy; Indoor Cannabis uses $6 billion.
e Other industries - Defining "efficiency" as how much energy is
required to generate economic value, Cannabis comes out the
highest of all 21 industries (measured at the three-digit SIC
level). At -20 MJ per thousand dollars of shipment value
(wholesale price), Cannabis is followed next by paper (-14),
nonmetallic mineral products (-JO), primary metals (-8),
petroleum and coal products (-6), and then chemicals (-5)
(Fig. 3). However, energy intensities are on a par with Cannabis
in various subsectors (e.g., grain milling, wood products, rubber)
and exceed those of Cannabis in others (e.g., pulp mills).
IE Alcohol - The energy used to produce one marijuana cigarette
would also produce 18 pints of beer (Galitsky et al., 2003).
e Other building types - cannabis production requires 8-times
as much energy per square foot as a typical U.S. commercial
building (4x that of a hospital and 20x that of a building for
religious worship), and 18-times that of an average U.S. home
(Fig. 4).
6
Fig. 3. Comparative energy intensities, by sector {2006).
6. Outdoor cultivation
Shifting cultivation outdoors can nearly eliminate energy use
for the cultivation process. Many such operations, however, require
water pumping as weJJ as energy-assisted drying techniques.
Moreover, vehicle transport during production and distribution
remains part of the process, more so than for indoor operations.
A common perception is that the potency of Cannabis produced indoors exceeds that of that produced outdoors, leading
J 0.1OJ6/j.enpol.2012.03.023
00199
E. Mills I Energy Policy l (Rill} tH-IU

Pllmll)' anetgy (MJ/m2.yur}
"
"
"'
'"
'40
Table A1
Configuration, environmental conditions, set-points.
Production parameters
Growing module
l.5
Number of modules in a roorn

Area of room
Cycle duration
Production continuous throughout
the year
DJumination
10
22
m'
78
4.7
days
cycles
Leaf phase
600
13%
Flowering
phase
100 klux
High-pressure
sodium
1000
0.13
1
18
18
None
60
none
llluminance
lamp type
"''"
m2 (excl.
walking area)
25 klux
Metal halide
W111renousa 1111 Sbage
~-~=
All Commarclal lluilc:ifngs
""""'
Fig. 4. Comparative energy intensities, by U.5. building type (2003).
consumers to demand Cannabis produced indoors. Federal sources

(National Drug Intelligence Center, 2005) as well as independent
testing laboratories {Kovner, 2011) actuaJly find similar potencies
when best practices are used.
Illegal dearing of land is common for multi-acre plantations, and,

depending on the vegetation type, can accordingly mobilize greenhouse-gas emissions. Standing forests (a worst-case scenario) hold
from 125 to 1500 t of C02 per hectare, depending on tree species,
age, and location (National Council for Air and Soil Improvement.
2010). For biomass c.arbon inventories of 750 t/ha and typical yields
(5000 kgfha) (UNODC, 2009), associated biomass-related C02 emissions would be on the order of 150 kg C02/kg Cannabis (for only one
haivest per location), or 3% of that associated with indoor production. These sites typically host on the order of 10,000 plants,
although the number can go much higher (Mallery, 2011 ). When
mismanaged, the practice of outdoor cultivation imposes multiple
environmental impacts aside from energy use. These indude deforestation; destruction of wetlands, runoff of soil, pesticides, insecticides, rodentiddes, and human waste; abandoned solid waste; and
unpermitted impounding and withdrawals of surface water
(Mallezy, 2011; Revelle, 2009). These practices can compromise
water quality, fisheries, and other ecosystem services.
Watts/lamp
Ballast losses {mix of magneti <: &
digital}
lamps per growing module
Hours/day
Days/cycle
Daylighting
Ventilation
Ducted Juminaires with "sealed"
lighting compartment
Room ventilation (supply and
exhaust fans)
Filtration
lSO
12
CFM/1000W
of light {free
30
now)
ACH
Charcoal filters on
exhaust; HEPA on
supply
1
Oscilating fans: per module, While

lights on
Water
Application
151
Heating
Jiters/roomdoy
Electric submersible
heaters
Space conditioning
lndoor setpoint - day
Indoor setpolnt - night
AC efficiency
Dehumidification
CO;. production - target
concentration (mostly natural gas
combustion in space)
Electric space heating
28
20
10
7X24
1500
c
c
SEER
hours
ppm
When lights off to

maintain indoor
setpoint
Target indoor humidity conditions 40-50%
Fraction of lighting system heat
30%
production removed by
luminaire ventilation
Ballast location
Inside conditioned
space
Dcylng
7. Policy considerations
Current indoor Cannabis production and distributlon practices
result in prodigious energy use, costs, and unchecked greenhousegas poJlution. While various uncertainties exist in the analysis,
the overarching qualitative condusions are robust. More in-depth
analysis and greater transparency of the energy impacts of this
practice could improve decision-making by policymakers and
consumers alike.
There is little, if any, indication that public policymakers have
incorporated energy and environmental considerations into their
deliberations on Cannabis production and use. There are additional adverse impacts of the practice that merit attention,
including elevated moisture JeveJs associated with indoor cultivation that can cause extensive damage to buildings,4 as well as
4
For observations from the building inspectors community, see http://www.
nachi.org/marijuana-grow-operatJons.htm
Space conditioning. oscillating fans, 7

maintaining 50% RH, 70-80F
Electricity supply
grid
grid-lndependent generation (mix
of diesel, propane, and gasoline)
Days
85%
15%
electrical ~res caused by Wiling out of compliance with safety

codes (Gans, 2008). Power theft is common, transferring those
energy c~sts to th~ ~eneraI public (PJecas et al., 2010). As noted
above, simply shifting production outdoors can invoke new
environmental impacts if not done properly.
Energy analysts have also not previously addressed the issue
Aside from th~ attention ~hat any energy use of this magnitud~
nonnally receives, the hidden growth of electricity demand
in this sector confounds energy forecasts and obscures
savings from energy efficiency programs and policies. For example, Auffhammer and Aroonruengsawat (2010) identified a
10.1Ol6/j.enpol.2012.03.023
00200
E. Mills/ Energy Po/icy 1 (HU) iilf-IH
Table A2 (continued)
Table A2
Assumptions and conversion factors.
service JeveJs
Jlluminance
Airchange rates"
operations
Cyde durationCydes/yeaZ-
25-100
30
1000 Ju)(
Changes per hour
78
4.7
Airflow"'"'
96
Days
Continuous
production
Cubic feet per
minute, per module
Llghting
Leafing phase
Lighting on-time"'
Duration"'
Flowering phase
Lighting on-time"'
Duration"'
Drying
Hours/day"'
Duration"'
Equipment
Average air-conditioning age
Air conditioner efficiency fStandards
increased to SEER 13 on 1/23/2006}
fraction of lighting system heat production
removed by Juminaire ventilation
Diesel generator efficiency"
Propane generator efficiency'"
GasoJine generator efficiency*
fraction of total procl'n with generators"'
Transportation: Production phase (10
modules)
Daily seNice (1 vehicle)
Biweekly service (2 vehicles)
Harvest (2 vehicles)
Total vehicle mile~
Transportation: Distribution
Amount tr<insported wholesale
Mileage (roundtrip)
Retail (0.25oz x 5 miles roundtrlp)
TotalFuel economy, typical car /e1]
Annual emissions, typicCll car !aJ
Annual emissions, 44-mpg carCross-country U.S. mileage
Fuels
Propane fbJ
Diesel !bl
Gasoline fbJ
Electric generation mix*
Grid
Diesel generators
Propane generators
Gasoline generators
Emissions factors
Grid electricity- U.S. fc]
Grid electricity- CA fcj
Grid electricity - non-CA U5. /c]
Diesel generator
Propane generator"""
Gasoline generator"""
Blended genere1tor mix"""
Blended on/off-grid generation - CA"""
Blended on/off-grid generation - u.s.Propane combustion
Prices
Electricity price - grid
{California - PG&E) {dJ
Electricity price - grid (U.S.) !el
Electricity price - off-grid""'
Electricity price_ blended on/off - CA"""
Electricity price - blended on/off - U.S.'""
Propane price ff)
GasoUne price - U.S. e1verage [fJ
Diesel price - U.S. average l.fJ
18
lB
hrs/day
days/cycle
12
60
hrs/day
days/cycle
24
7
hrs
days/cycle
5
JO
Years
SEER
Wholesale price of Cannabis fgJ

Production
Plants per production module"'
Net production per production module jh]
U.S, production (2011) (jJ
California production (2011) /iJ
Fraction produced indoors fi]
U.S. indoor production modules**
Calif indoor production moduJesCigarettes per kg*"
Other
Average new U.S. refrigerator
4,000
$/kg
4
0.5
10,000
3,902
kg/cycle
metric tonnes/y
metric tonnes/y
33%
1,570,399
612,741
3,000
450
173
Electricity use of a typical US. home - 2009 11,646
0.3
27%
25%
15%
15%
25
55kW
27kW
5.S kW
78
2089
Trips/cycle. Assume
20% live on site
Trips/cycle
Trips/cyde
Vehicle miles/cycle
5
1208
kg per trip
km/cyde
5668
6876
10.7
5195
0
2,598
0208
4493
Vehicle-km/cycle
Vehicle-km/cycle
1/100 km
kgCCJi
kgCO:i/mile
kgC02
kgC02/miJe
km
25
Mj/liter
Mj/liter
MJ/liter
11.1
JO
38
34
85%
8%
5%
2%
0.609
0.384
0.648
0.922
0.877
1.533
0.989
0,475
0.666
63.1
Miles roundtrip
share
share
share
share
kgCO,jkW/h
kgCD2 /kW/h
kgCD,jkW/h
kgCO,/kW/h
kgCO,/kW/h
kgC02/kW/h
kgC02/kW/h
kgC02 /kW/h
kgC02/kW/h
kgC02/MBTU
0.390
per kW/h (Tier 5)
0.247
0390
0.390
0.268
0.58
0.97
1.05
per kW/h
per kW/h
per kW/h
per kW/h
$/liter
$/liter
$/liter
Lil
Electricity use of a typical Cal ifornie1 home 2009 fk]
6,961
kW/h/year
kgC0 2 /year (U.S.
average)
kW/h/year
kWjh/year
Notes:
Tre1de and product literature; interviews with equipment vendors.
- Calculated from other values.
Notes for Table A2.
fa]. U.S. Environmental Protection Agency.. 2011.
fb). Energy conversion factors, U.S. Department of Energy, http:/jwww.eia.doe.gov/
energye)(plained/index:.cfm ?page""abouLenergy_unJts, /Accessed February 5, 2011 ).
/cj. United States: (USDOE 2011 ); California (Marnay et al., 2002).
jd].Average prices paid ln California and other states with inverted~block tariffs .are
very high because virtu.ally all consumption is in the most expensive tiers. Here the
PG&E residential tariff as of 1 /l /11, Tier 5 is used as a proxy for California http; fl
www.pge.com/t:ariffs/ResEJecCurrent.xls, (Accessed February 5, 2011 ). Jn practice a
wide mi)( of tariffs apply, and in some states no tier structure is in place, or the
proportionallty of price to volume is nominal.
fe]. State-level residential prices. weighted by Cannabis production (from Gettman.
2006) with actual tariffs and lJ.s. Energy Information Administration, "Average
Retail Price of Electricity to Ultimate Customers by End-Use Sector,by state",http://
www.e1a.doe.gov/elettriclty/epm/tab/e5_6_a.html, (Accessed February 7, 2011)
fl]. U.S. Energy information Administration, Gasoline and Diesel Fuel Update (as of
2/14]2011) - see http:J!www.eia.gov/oog/info/gdu/gasdiesel.asp Propane prices http://www.eia.gov/dnav/pet/pet_pri,_prop_a_EPLLPA...PTA_dpgal_m.htm, (Accessed
April 3, 2011 ).
Jg]. Montgomery, 2010.
fhj. Toonen et at, 2006); Plecas et al.. 2010.
[iJ. Total Production: The lower Value of 10,000 t per year is conservatively retained.
Were this base adjusted to 2011 values using 10.9%/year net increase in number of
consumers between 2007 and 2009 per U.S. Depanment of Health and Human
Services (2010), the result would be approximately 17 million tonnes of total
production annually (indoor and outdoor). lndoor Share of Total Production: The
three-fold changes in potency over the past two decades, reported by federal
sources, are attributed at least in part to the shift towards indoor cultivation See
http:/fwwwJustice.gov/ndic/pubs37/37035/national.htm and (Hudson, 2003). A
weighted-average potency of lo.% TI-IC {U.S. Office of Drug Control Policy, 2010)
reconciled with assumed 7.5% potency for outdoor production and 15% for indoor
production implies 333%::67.7% indoor::outdoor production shares. For reference,
as of 2008, 6.% of eradicated plants were from indoor operations, which are more
difficult to detect than outdoor operations. A 33.% indoor share, combined with perplant yields from Table 2, would correspond to a 4% eradication success rate for the
levels reported (415,000 indoor plants eradicated in 2009) by the U.S. Drug
Enforcement
Agency
(http;/fwww.justice.gov/dea/prograrns/ma rijuana.htm).
Assuming 400,000 members of medical Cannabis dispensaries in California (each
of which is permitted to cultivate), and SOX of these producing in the generic 10module room assumed in this <analysis, output would slightly exceed this study's
estimate of total statewide product.ion. In practice, the vast majority of indoor
production is no doubt conducted outside ofthe medke1l marijuana system.
fjj. Total U.S. electricity sales; U.S. energy infonnation administr<ition, "retail sales of
electricity to ultimate customers: Total by end-use sector" http://www.eia.gov/
cneaf/electridty/epm/table5_1.html, (Accessed March 5, 2011)
/kJ. California Energy Commission, 2009; 2011.
statistically significant, but unexplained, increase in the growth

rate for residential electricity in CaJifornia during the years when
indoor Cannabis production grew as an industry (since the mid1990s).
10.1Ol6/j.enpol.2012.03.023
00201
o~
;... w
00
Table A3
Energy model.
o~
~~
~o.
ELECTRICITY
h; li
.g
Energy
type
Penetration
8-
0-~
-
;., w
s a.
~~
VJ
o~
N
VJ
-~
i"
;!
~
a-
O'
"
;;:
s,
[
g
~
b'
'3'
a.
~
I
~
.Q
"~
0
Light
Lamps (HPS)
elect
Ballasts (losses)
elect
tamps (MH)
elect
Ballast (losses)
elect
Motorized rail motion
elect
Controllers
elect
Ventilation and moisture control
Luminare fans {sealed from conditioned
elect
space)
Main room fans - supply
elect
Main room fans - exhaust
elect
Circulating fans (18")
elect
Dehumidification
elect
Controllers
elect
Spaceheat or cooling
Resistance heat or AC fwhen lights off]
Carbon dioxide Injected to Increase foliage
Parasitic electricity
elect
AC (see below)
elect
rn-line heater
elect
Dehumldlfkation (10% adder)
elect
elect
Monitor/control
Other
Irrigation water temperature control
elect
elect
Recirculating carbon filter [sealed room]
UV sterilization
Elect
elect
Irrigation pumping
elect
Fumigation
Drying
elect
Dehumidification
elect
Circulating fans
elect
Heating
Electricity subtotal
elect
Air-conditioning
Lighting loads
Loads that can be rernoted
elect
elect
Loads that can't be remoted
elect
C02-production heat removal
Electricity Tota!
elect
FUEL
Units
Rating
Number of
(Watts or%) 4 x 4 x 8-ft
production
modules served
100%
1.000
1.000
100%
13%
130
100%
100%
5%
50%
600
0
6
10
100%
454
10
100%
242
242
130
1,035
50%
9.
w
w
w
w
propane
kg/C02
Weighted-average on-site/purchased
kgCO,
Daysfcyc!e (leaf
phase)
12
12
Daysjcyde
(flower phase)
60
60
kW/h/year per
production
module
720
3369
94
194
25
438
910
118
12
24
60
60
18
1
9
45
18
12
18
60
47
222
w
w
18
60
60
60
60
60
145
145
1.134
2.267
10
12
12
24
24
24
31
31
242
10
w
w
w
18
18
24
24
24
18
18
18
30
30
130
259
90%
1,850
10
167
12
18
60
138
645
50%
100
10
18
12
18
60
24
5%
115
18
104
50
10
0
0.6
100%
18
18
60
60
60
27
126
10
12
12
24
44
18
60
60
60
60
60
19
54
89
4
2
18
7
7
7
13
4
61
20
23
100%
100%
100%
600
78
03
1
10
18
18
kWfh/cycJe
w
w
18
18
484
2
100%
100%
50%
20%
90%
100%
300
1,438
23
100
25%
20
75%
1.035
130
1.850
100%
75%
10
10
10
10
10
10
5
10
w
w
24
15
18
29
2.1
24
24
12
24
24
18
18
24
24
18
26
10
1
w
w
78
26
139
w
w
w
18
18
18
24
24
24
100%
100%
45%
1,277
452
1,118
10
10
10
10
17
420
3,225
Technology
Mlx
Rating
(BTU/h)
Number of
4x4x8~ft
45%
5%
11,176
17
0.003
583
109
10,171
2,726
259
1.212
w
w
w
w
239
85
1.119
396
2,756
12,898
Input energy per

module
707
252
2,174
18
12
Hours/day
Hours/day
(leaf phase) (flower
phase)
production
modules served
On-site C0 2 production
Energy use
C02 production - > emissions
Externally produced Industrial C02
Houts/day
Hoursfday
(leaf phase) (flower
phase)
18
18
18
24
~c.
Input energy per Units

module
k}/h
18
liters
18
C02/hr
12
12
18
60
Days/cycle (leaf
phase)
Days/cycle
(flower phase)
GJ or
GJ or kgC02/
kgCO:Jcycle year
18
60
0.3
60
20
0.6
1.5
93
2.7
10
18
00202
"'
~
il'
"'!
E. Mills/ Energy Policy 1 (HU) IH--l!Ei!
For Cannabis producers, energy-related production costs have

historicaUy been acceptable given low energy prices and high
product value. As energy prices have risen and wholesale commodity prices falJen, high energy costs (now 50% on aver~ge of
wholesale value) are becoming untenable. Were product pnces to
faJJ as a result of legalization, indoor production could rapidly
become unviable.
For legally sanctioned operations, the application of en~rgy
performance standards, efficiency incentives and education,
coupled with the enforcement of appropriate const~uction codes
could lay a foundation for public-private partnerships to reduce
5
undesirable impacts of indoor Cannabis cultivation. There are
6
early indications of efforts to address this. Were such operations
to receive some form of independent certification and product
labeling, environmental impacts could be made visible to otherwise unaware consumers.
Acknowledgment
Two anonymous reviewers provided usefu] comments

that improved the paper. Scott Zeramby offered particular]y
valuable insights into technology characteristics, equipment configurations, and market factors that influence energy utilization in
this context and reviewed earlier drafts of the report.
Appendix A
See Tables AJ-A3.
References
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10.1Ol6/j.enpol.2012.03.023
00203
10
E. Mills/ Energy Policy I (Hll) liH-IH
us EPA, 2007a. Report to Congress on Server and Dat.l Center Energy Efficiency:
Public Law ]09~431. Washington, DC: U.S. Environmental Protection Agency,
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Crime, p. 97. (http:/fwww.unodc.org/unodc/en/data-and-analysis{WDR-2009.
html) for U.S. conditions, in<loor yields per unit area are estimated as up to
15-times greater than outdoor yields.
10.1Ol6/j.enpo12012.03.023
00204
Exhibit 4
00205
ENERGY UP IN SMOKE
THE CARBON FOOTPRINT OF INDOOR CANNABIS PRODUCTION
Evan Mills, Ph.D.*
April 5, 2011
*The research described in this report was conducted and published independently by the
author, a long-time energy analyst and Staff Scientist at the Lawrence Berkeley National
Laboratory, University of California. Scott Zeramby provided valuable insights into
technology characteristics, equipment configurations, and market factors that influence
energy utilization.
The report can be downloaded from: http://evan-mills.com/energy-associates/Indoor.html
00206
On occasion, previously unrecognized spheres of energy use come to light. Important

examples include the pervasive air leakage from ductwork in homes, the bourgeoning
energy intensity of computer datacenters, and the electricity "leaking" from millions of
small power supplies and other equipment. Intensive periods of investigation, technology
R&D, and policy development gradually ensue in the wake of these discoveries.
The emergent industry of indoor Cannabis production appears to have joined the list. This
report presents a model of the modern-day production process-based on public sources
and equipment vendor data-and provides national scoping estimates of the energy use,
costs, and greenhouse-gas emissions associated with this activity in the United States. 1
Large-scale industrialized and highly energy-intensive indoor cultivation of Cannabis is a
relatively new phenomenon, driven by criminalization, pursuit of security, and the desire
for greater process control and yields.2J The practice occurs in every state,4 and the
415,000 indoor plants eradicated in 20095 represent only the tip of the iceberg.
Aside from sporadic news reports, 67 policymakers and consumers possess little
information on the energy implications of this practice. 8 Substantially higher electricity
demand growth is observed in areas reputed to have extensive indoor Cannabis
cultivation. For example, following the legalization of cultivation for medical purposes in
California in 1996, Humboldt County experienced a 50% rise in per-capita residential
electricity use compared to other areas. 9 Cultivation is today legal in l 7 states, albeit not
federalJy sanctioned. In California, 400,000 individuals are authorized to grow Cannabis
for personal medical use, or sale to 2, l 00 dispensaries. 10 Official estimates of total U.S.
production varied from l 0,000 to 24,000 metric tons per year in 200 I,4 making it the
nation's largest crop by value. 11 As of2006, one third of national indoor production was
estimated to occur in Califomia. 12 Based on a rising number of consumers (6.6% of U.S.
population above the age of 12), 13 national production in 2011 is estimated for the
purposes of this study at 17,000 metric tons, one-third occurring indoors. 14
Driving the large energy requirements of indoor production facilities are lighting levels
matching those found in hospital operating rooms (500-times greater than recommended
for reading) and 30 hourly air changes (6-times the rate in high-tech laboratories, and 60times the rate in a modem home). Resulting electricity intensities are 200 watts per square
foot, which is on a par with modern datacenters. Indoor carbon dioxide (C02) levels are
often raised to four-times natural levels in order to boost plant growth.
Specific energy uses include high-intensity lighting, dehumidification to remove water
vapor, space heating during non-illuminated periods and drying, irrigation water preheating, generation of C02 by burning fossil fuel, and ventilation and air-conditioning to
remove waste heat. Substantial energy inefficiencies arise from air cleaning, noise and
odor suppression, and inefficient electric generators used to avoid conspicuous utility bills.
Based on these operational factors, the energy requirements to operate a standard
production module--a 4x4x8 foot chamber-are approximately 13,000 kWh/year of
electricity and 1.5 x 106 BTU/year of fossil fuel. A single grow house can contain IO or
more such modules. Power use scales to about 20 TWh/year nationally (including off-grid
production and power theft), equivalent to that of2 million average U.S. homes. This
corresponds to 1% of national electricity consumption or 2% of that in households--or the
output of7 large electric power plants. 15 This energy, plus transportation fuel, is valued at
$5 billion annually, with associated emissions of 17 million metric tons of C02equivalent to that of 3 million average American cars. (See Figure 1 and Tables J-5.)
00207
Fuel is used for several purposes, in addition to electricity. Carbon dioxide, generated
industrially16 or by burning propane or natural gas, contributes about 2% to the carbon
footprint. Vehicle use for production and distribution contributes about 15% of total
emissions, and represents a yearly expenditure of$ J billion. Off-grid diesel- and gasolinefueled electric generators have emissions burdens that are three- and four-times those of
average grid electricity in California. It requires 70 gallons of diesel fuel to produce one
indoor Cannabis plant, or J40 gallons with smaller, less-efficient gasoline generators.
In California, the top-producing state, indoor cultivation is responsible for about 3% of all
electricity use or 8% of household use, somewhat higher than estimates previously made
for British Colum bia. 17 This corresponds to the electricity use of l million average
California homes, greenhouse-gas emissions equal to those from J million average cars,
and energy expenditures of $3 billion per year. Due to higher electricity prices and cleaner
fuels used to make electricity, California incurs 70% of national energy costs but
contributes only 20% of national C02 emissions from indoor Cannabis cultivation.
From the perspective of individual consumers, a single Cannabis cigarette represents 2
pounds ofC02 emissions, an amount equal to running a 100-watt light bulb for J7 hours
assuming average U.S. electricity emissions (or 30 hours on California's cleaner grid).
The emissions associated with one kilogram of processed Cannabis are equivalent to those
of driving across country 5 times in a 44-mpg car. One single production module doubles
the electricity use of an average U.S. home and triples that of an average California home.
The added electricity use is equivalent to running about 30 refrigerators. Producing one
kilogram of processed Cannabis results in 3,000 kilograms ofC02 emissions.
The energy embodied in the production of inputs such as fertilizer, water, equipment, and
building materials is not estimated here and should be considered in future assessments.
Minimal information and consideration of energy use, coupled with adaptations for
security and privacy, lead to particularly inefficient configurations and correspondingly
elevated energy use and greenhouse-gas emissions. If improved practices applicable to
commercial agricultural greenhouses are any indication, such large amounts of energy are
not required for indoor Cannabis production. 18 Cost-effective efficiency improvements of
75% are conceivable, which would yield energy savings of about $25,000/year for a
generic J0-module operation. Shifting cultivation outdoors virtually eliminates energy use
(aside from transport), although, when mismanaged, the practice imposes other
environmental impacts. 19 Elevated moisture levels associated with indoor cultivation can
cause extensive damage to buildings. 20 Electrical fires are an issue as we!l.21 For legally
sanctioned operations, the application of energy performance standards, efficiency
incentives and education, coupled with the enforcement of appropriate construction codes
could Jay a foundation for public-private partnerships to reduce undesirable irnpacts.22
Were compliant operations to receive some form of independent certification and product
labeling, environmental impacts could be made visible to otherwise unaware consumers.
* **
Current indoor Cannabis production and distribution practices result in prodigious energy
use, costs, and greenhouse-gas pollution. The hidden growth of electricity demand in this
sector confounds energy forecasts and obscures savings from energy efficiency programs
and policies. More in-depth analysis and greater transparency in the energy impacts of this
practice could improve decision-making by policymakers and consumers alike.
00208
Figure 1. Carbon Footprint of Indoor Cannabis Production

C02
generator
High-intensity lamps
.......
~'.:?.
~
i'
Heater
't'fi
I
Electric
generator
Water purifier
Subm~l
Water heater
'
tt;;- ~
...;..,,
,
' ., !
~
".,,5
Drying
1%
Vehicles
16%
Ventilated
Light fixture
1'
rr) .
...,,_,4
__-.41!111~- ~.. == =~;?

-<;.,
-.
-.
Water handling \
1%
Rt--- ~.
~" --- !' ~ __
I
4t
.-f.
~.
--~<?
- ;;:;;;;;;:;>
'll
Lighting
32%
.-.._,
Pump
--
C02 producti::\
~-:;:;:,~--$'-;;;;.;:
Ballast
2%
Vehicles
Space heat----"''.
,_,,,.~
4%
--:>.----.-~--,,~.c~
3000
kgC0 2 /kg
Indoor
Carm~bis
Motorized lamp
rails
Airconditioning
~:.~::.
Air conditioning
18%
--
.:;;;t_~ __,,__ - ..
tt.i::!ll~O
.liiil'lllillil
~~--
- ' ' ~~. . a-~

1.. . "'");>;,- < '<:'.c
/Ji]
~~~~7
.., ~ ~ ~-:- ....-~.::;...,
w'" -
. Controllers
Ventilation &
---
noh,,..,.,;~
"<"'i,.,.,../"~.
In-line duct fan,

coupled to lights
3
Oscillating fan
'--
Dehumidifier
00209
T.ab~e :lt. Configurat!on~ Enivirorrnenta! CondH:."i:!:.n1sF "Z:Jid Set:pof1r1>ts
Growing module
square feet (excl.

walk!ng area)
16
Number of modules In a room

Area of room
Cycle duration
Production continuous throughout the year
10
240 square feet
78 days
4.7 cycles
Illumination
Lamp type
Leaf phase
Metal hallde
Watts/lamp
Ballast losses (mix of magnetic & digital)
lamps per growing module
Hours/day
Days/cycle
Daylighting
600
13o/o
Flowering phase
High-pressure sodium
1000
13/o
1
18
18
none
Ventilation
Ducted lumrnalres with "sealed" lighting
compartment
Room ventilation (supply and exhaust fans)
FiJtratJon
Oscitat!ng fans: per module, while lights on
12
60
none
lSO CFM/lOOOW of light
Charcoal filters
on
(free flow)
30 ACH
exhaust; HEPA on supply
1
Water
Application
Heating
40 gallons/room-day
Electric submersible heaters
75 F
Space conditioning
82 F
Indoor setpoJnt ~ day

Indoor setpoint - night
AC efficiency
Dehumidification
C02 production - target concentration (mostly
natural gas combustion in space)
Electric space heating
Target indoor humidity conditions
Fraction of Hghtlng system heat production
removed by lumfnaire ventllation
Ballast location
68-70 F
10.0 SEER
7X24 hours
1500 ppm
when tlghts off to maintain Indoor setpolnt
40-50o/o
30/o
Outside conditioned space
Drying
Space conditlonrng, oscillating fans, maintaining
7 days
50% RH, 70-80F
Electricity supply
grid
85/o
grid~independent
generation (mix of dlesel,

propane, and gasoline)
15/o
Vehicle use
workers during production

wholesale distribution
" retarr distribution (1.bounce)
2089 vehrcfe miles/cycle

750 vm/cycle
3520 vm/cycfe
00210
Table 2.. Assu.mptions & conveirsion factors

Service Levels
u1um1nance*
Airchange rates*
Operations
Cycle duration**
25-100,000 !ux
78 days
4.7 continuous production
Production module area*
16 square feet (exc!. walklng area)
Production module volume**
192 cubic feet
Airflow**
Modules per room*
Lighting
Leafing phase
Ughtlng on-time*
Duration*
Flowering phase
Ughtlng on-time*
Duratlon*
_ 96 cubic feet per mlnute
Emissions Factors
Grid electricity - US [c]
Grid electrlclty - CA [c]
Grid electrlcity - non-CA US [c]
Diesel generator**
Propane generator**
Gasoline generator**
Blended generator mix**
Blended on/off-grid generation - CA**
Blended on/off-grid generation - US**
18 hrs/day
18 days/cycle
12 hrs/day
- 60 days/cycle
Hours/day*
Duration*
24 hrs
7 days/cycle
Equipment
Average air-conditioning age
Air conditioner efficiency (SEER)
5 years
10 Minimum standard as of 1/2006
Fraction of fighting system heat production

removed by lumlnalre ventllation
Diesel generator efficiency*
Propane generator efficiency*
3QOJo
Gasoline generator efficiency*

Fraction of total prod'n with generators*
Water use f!ndoorl*
Transportation: Production phase (10 modules)
Electr!clty prJce - blended on/off - US**

Propane Price [f)
15% 5.SkW
15%
1 gallons/day-plant
25 miles roundtrip
Gasoline Price - US average [f]

Diesel Price - US average [f]
Wholesale price of Cannabis [g]
Pf ants per productlon module*

Net production per production module [h]
US production (2011) [I]
2089 vehicle miles/cycle
Transportation: Distribution
Amount transported wholesale
Miieage (roundtr!p)
Retail (0.25oz x 5 miles roundtrip)
Total**
Fuel economy, typical car [a)
Annual emissions, typical car (a]
5
750
3520
4270
22
Ca!ifornla production (2011) [i]

Fraction produced indoors [i]
kg per tr!p
vm/cycfe
vm/cycle
vm/cycle
mpg
US indoor production modules*>!!

Calif Indoor production modules**
Cigarettes per kg**
Other
5195 kg C02
gl,033 STU/gallon
138,690 BTU/gallon
124,238 BTU/gallon
85/o share
8/o share
5/o share
2/o share
0.6og
0.384
0.648
0.922
0.877
1.533
0.989
0.475
0.666
63.1
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgC02/kWh
kgCOZ/MBTU
$0.390 per kWh (Tier 5)

$0.127 per kWh
$0.JgO per kWh

$0.390 per kWh
$0.166
$2.20
$3.68
$3. 98
per kWh
per gallon
per gal!on
per gallon
$4,000 $/kg
Production
78
Biweekly service (2 vehicles)

Harvest (2 vehfdes}
Total vehicle mlles*'"'
Propane combustion
Prices
Electricity price - grid (California - PG&E) [d)
Electricrty price - grid (US, excl. CA) fe]
Efectriclty price - off-grid**
Electricity price - blended on/off - CA**
2701o SSkW
2so1o 27kW
trips/cycle. Assume 2010 live

on slte
11 trips/cycle
10 trips/cycle
Dally service (1 vehicle)
Propane generators
Gasoline generators
10
Qrl!n9.
Cross-country US m!leage
Diesel [b]
Gasoline (b]
E!ectrtc Generation Mix*
Grid
Diesel generators
30 changes per hour
cycles/year**
Annual emissions, 44-mpg car**
~
Propane [b]
Average new refrigerator
0.416 kg C02/mile
2598 kg C02
Electricity use of a typical US home - 2009 [j]
Electrlclty use of a typical California home -
0.208 kg C02/mile
2790 mites
2009 fk
0.7 kg/cycle
16,974
metric tonnes!Y
5,922 metrlc tonnes/y

33/o
1,727,283
602,sg7
3,000
450 kWh/year
173 kgC02/year(US
average)
11,646 kWh/year
6,961 kWh/year
* trade and product literature; Interviews with equipment vendors

** calculated from other values
5
00211
Table 3" Cari)on. footpri111t of indoor Cann<:i.bis P>odw:::tiori

(Average US conditions)
kWh/kg
kgC02 emissions/kg
Lighting
1,479
985
32.2%
Ventilation & Dehumid.
1,197
797
26.1%
Air conditioning
551
18.0%
827
4.3%
Space heat
197
131
C0 2 production
54"
49
1.6%
"
Water handling
28
19
0.6%
Drying
1.6%
73
48
Vehicles
479
15.7%
Total
3,855
3,059
100.0%
Note: "C02 production" represents combustion fuel to make on-site C02. Assumes 15% of
electricity is produced in off-grid generators. As the fuels used for C02 contain moisture,
additional dehumidification is required (and allocated here to the C02 energy row). Airconditioning associated with C02 production (as well as for lighting, ventilation, and other
incidentals) is counted in the air-conditioning category.
00212
TaMe 4, !t;Quiva!em:ies
Indoor Cannabis production
consumes ...
U.S. Cannabis production & distribution

energy cost ...
U.S. electricity use for Cannabis

production is equivalent to that of...
California Cannabis production and

distribution energy cost
Californla electricity use for Cannabis

production is equivalent to that of.. ,
3/o
$5
$3
Billion, and results rn the

emissions of
million
tonnes per
year of
greenhouse
gas emissions
(C02)
of total US
Jc lil'/o
2/o
and
equal to the
emissions of
mil!lon
tonnes per
year of
greenhouse
gas emissions
(C02)
equal to the
emissions of
average
California
homes
or
tonnes of C02
equivalent to
4.-.9'
cross-country trips
in a 44mpg car
3.1
tonnes of C02
equivalent to
5~3
cross-country trips
in a 44mpg car
4,3
tonnes of C02
equivalent to
lA
Every 1 kilogram of Cannabis produced

using national-average grid power
results in the emissions of...
2.8

using a prorated mix of grid and offgrid generators results in the emissions
of...
using off-grid generators results in the
emissions of. ..
52
electrlclty,
of us
household
electricity
mil\lon
average
cars
million
average
cars
million average California

homes
average U.S. homes, or
Of the total wholesale price ...
17
household
electricity
million average US homes
One Cannabis cigarette Is like driving ...
80/o
Billion, and results 1n the

emissions of
A typical 4x4x8-foot production

module, accomodating four plants at a
time, consumes as much electricity as ...
Transportation (wholesale+retaH)
consumes ...
of California's
of California's total
electricity, and
gallons of gasoline per kg
or
15
miles in a 44mpg car
emitting
about
24%
is for energy (at average

U.S. prices)
28
average
new
refrigerat
ors
trips
in a 44mpg car
cross~country
$1
billion dollars
annually, and
"-79
kilograms
of C02
per
kilogram
of final
product
pounds of C02,
which is equivalent
to operating a 100watt light bulb for
17
hours
00213
T:abl.<e 5. Inidica.l;oi-s (Average us conditions)
per cycle, per

production
module
per year, per

production
module
Energy Use
Connected Load
Power Density
Elect
Fuel to make C02
Transportation fuel
3,039 watts/module
190 watts/ft2
12,625 kWh/module
1.5 MBTU
172 gallons
. 2,698
0.3
37
On-grid results
Energy cost
Energy cost
2,770 $/module
846 $/kg
592
21%
9,302 kg
2,840 kg/kg
1,988
C02 emissions
C02 emissions
Off-grid results (diesel)
Energy cost
1,196
Energy cost
C02 emissions
C02 emissions
3,012
Blended on/off grid results

Energy cost
. Energy cost
! Fraction of wholesale price
C02 emissions
C02 emissions
682
2,141
Of which, indoor C02 production

Of which, vehicle use
Fuel use
During Production
Distribution
5,595
1,708
43%
14,094
4,303
$/module
$/kg
3,194
975
24%
10,021
3,059
$/module
$/kg
kg
kgC02/kg
kg
kgC02/kg
42 kgC02
14 gallons/kg
39 gallons/kg
Cost
$50 $/kg
$143 $/kg
During Production
Distribution
Emissions
During Production
Distribution
124 kgC02/kg
355 kgC02/kg
00214
TiltbKe 6. Mode!
energy type Penetration R.atlng
NUmber-of
4x4X8foct
Input
production energy per Units
modtdes
module
served
Hours/day Hours/day
(leaf
(flower
phase)
phase)
Days/cycle
(leaf phase)
Days/cycle
(flower
phase)
kWh/year per'
production
module
kWh I cycle
Light
Lamps (HPS}
Ballasts (losses}
. Lamps (MH)
Ballast (losses)
Motorized ral! motion
Controllers
Ventilation and moisture control
lumlnare Fans (sealed from conditioned space)
Ma!n room fans - supp!y
Main room fans - exhaust
C!rculat!ng fans (18")
Dehumidification
Controllers
w
w
w
w
w
w
18
18
18
24
w
w
w
w
w
w
167
10
10
erect
elect
elect
elect
elect
elect
100/o
100/o
100ti.
100/o
5"/o
50%1
1000
13o/o
5.5
10
1
10
130
600
78
0.3
1
elect
elect
elect
elect
elect
elect
1000/o
100"/o
100%
100/o
100%
50%
454
242
242
130
1,035
10
8.1
8.1
1
4
45
30
30
130
259
10
10
90/o
1,850
10
50%
100
115
104
600
1
1
1
13/o
1000
Carbon Dioxide
_ Parasitic electricity
AC (see below)
In-Hne heater
Dehumidification (10% adder}
Monitor/control
erect
etect
elect
elect
elect
12
1B
12
12
18
18
18
12
18
60
138
645
18
12
18
60
24
w
w
w
18
18
24
12
12
24
18
18
18
60
60'
60
1
27
3
126
22
Water
Heating
. Pumping - Irrigation
elect
etect
18
1
12
1
18
18
60
60
19
0
89
2
,_Drying
Dehumfdiflcat!on
Circulating fans
Heating
elect
elect
elect
23
4
23
109
20
109
75%
1,850
Electricity subtotal
elect
2.119
9.918
so
10
1000/o
100%
300
55
10
10
30
5.S
w
w
75%
1,850
100%
130
10
5
10
139
26
139
w
w
w
0.4'"
24
24
24
1B
7
7
24
24
24
,.
Alr-condltfonJng
Ughtlng loads
Loads that can be remoted
Loads that can't be remoted
C02-productfon heat removal
erect
elect
elect
Electrlcl!l Total
elect
Units
Number of
Input
4x4x8-foot
production energy per
module
modules
served
Oi'J-S!'TIE FUEL
47
31
31
242
484
2
222
145
145
18
60
60
60
60
60.
60
100%
100%
1,180
10
10
118
450
50%
1,118
16,7
34
w
w
w
3,039
Technology
Mix
Rating
(BTU/
hour)
438
910
118
1
9
18
18
18
24
24
24
0.6
26
3
50%
50o/o
60
60
1B
12
24
1000/o
5%
3,369
720
94
194
25
0
2
12
18
18
18
~.paceheat
Resistance heat [when Jlghts off]
60'
60'
12
45
1,134
2,267
fil
2,7091
1,117
1,034
84
35
394
164
2,&98
12,626
MBTU or
kgC02/cycle
MBTU or:
ksC02/year
239
221
18
12
18
60
Hours/day Hours/day
(flower
(fear
phase)
phase)
Days/cycle
(leaf phase)
Days/cycle
(flower
phase)
12
18
60
On~sfte
C02 production
Energy use
C02 production --> emissions
propane
kg/C02
Externally produced Industrlaf C02

Weighted-average on-site I purchased
W_!'!lghted average on-site / purchased
45o/o 11,176
671 BTU/ho
16.7
1B
0.3
!Q_
5%
gallonsC
0 011
'
02/hr
18
12
18
60
1
2
kgC02
"R co2
00215
1.5
93,
,_
.!Q
~i
Notes for Tables

[a]. U.S. Environmental Protection Agency. "Emission Facts: Average Annual Emissions and
Fuel Consumption for Passenger Cars and Light Trucks."
http://www.epa.gov/oms/consumer/fU0013.htm [accessed February 5, 2011]
[b]. Energy Conversion Factors, U.S. Department of Energy,
http://www.eia.doe.gov/energyexp lained/index.cfin ?page=about_energy_units [Accessed
February 5, 201 l]
[c]. U.S. Department of Energy, "Voluntary Reporting of Greenhouse Gases Program"
http://www.eia.doe.gov/oiafi'l605/ee-factors.html [Accessed Febru.ary 7, 2011]. CA:
Marnay, C., D. Fisher, S. Murtishaw, A. Phadke, L. Price, and J. Sathaye. 2002.
"Estimating Carbon Dioxide Emissions Factors for the California Electric Power Sector."
Lawrence Berkeley National Laboratory Report No. 49945. http://industrialenergy.lbl.gov/node/148
[d]. PG&E residential tariff as of I /1/11, Tier 5
http://www.pge.com/tariffs/ResE!ecCurrent.xls [Accessed Februaiy 5, 2011]. In practice
a wide mix of tariffs apply, but the relative shares are not known.
[e]. State-level residential prices, weighted by Cannabis production from [Reference 4], with
actual tariffs and U.S. Energy Information Administration, "Average Retail Price of
Electricity to Ultimate Customers by End-Use Sector, by State,"
http://www.eia.doe.gov/electricity/epm/table5_ 6_a.html [Accessed February 7, 20 JI J
[f]. U.S. Energy Information Administration, Gasoline and Diesel Fuel Update (as of
211412011) - see http://www.eia.gov/oog/info/gdu/gasdiesel.asp Propane prices http://www.eia.gov/dnav/pet/pet_pri__prop_a_EPLLPA _PTA_dpgal_m.htm [Accessed
April 3, 201 l]
[g]. Montgomery, M. 20 I 0. "Plummeting Marijuana Prices Create A Panic in Calif."

http://www.npr.org/templates/story/story .php?storyId= 126806429
[h]. Toonen, M., S. Ribot, and J. Thissen. 2006. "Yield of Illicit Indoor Cannabis Cultivation
in the Netherlands." Joumal ofForensic Science, 15(5):1050-4.
http://www.ncbi.nlm.nih.gov/pubmed/J 7018080
[i]. See Reference 14 for derivation.
[j]. Total U.S. Electricity Sales: U.S. Energy Information Administration, "Retail Sales of
Electricity to Ultimate Customers: Total by End-Use Sector"
http://www.eia.gov/cneaf/electricity/epm/table5_l.htrnl [Accessed March 5, 201 I]
[k]. California Energy Commission. "Energy Almanac."

http://energyalmanac.ca.gov/electricity/us__per_capita_electricity.html (Accessed
February 19, 2011]. See also Total California Electricity Sales: California Energy
Commission. 2009. Califomia Energy Demand: 2010-2020 --Adopted Forecast. Report
CEC-200-2009-012-CMF), December 2009 (includes self-generation).
10
00216
References
I. This report presents a model of typical production methodologies and associated
transportation energy use. Data sources include equipment manufacturer data, trade media,
the open literature, and interviews with horticultural supply vendors. All assumptions used
in the analysis are presented in Table 2. The resultant normalized (per-kilogram) energy
intensity is driven by the target environmental conditions, production process, and
equipment efficiencies. While less energy-intensive processes are possible (either with
lower per-unit-area yields or more efficient equipment and controls), much more energyintensive scenarios are also possible (e.g., rooms using J00% recirculated air with reheat,
hydroponics, and loads not counted here such as well-water pumps and water purification
systems). The assumptions about vehicle energy use are likely conservative, given the
longer-range transportation associated with interstate distribution. Some localities (very
cold and very hot climates) will see much larger shares of production indoors, and have
higher space-conditioning energy demands than the typical conditions assumed here. Some
authors [See Plecas, D. J. Diplock, L. Garis, B. Carlisle, P. Neal, and S. Landry. Journal of
Criminal Justice Research, Vol. 1 No 2., p. 1-12.] suggest that the assumption of 0.75kg
yield per production module per cycle is an over-estimate. Were that the case, the energy
and emissions values in this report would be even higher, which is hard to conceive.
Additional key uncertainties are total production and the indoor fraction of total production
(see note 14), and the corresponding scaling up ofrelatively well-understood intensities of
energy use per unit of production to state or national levels by weight of final product.
Greenhouse-gas emissions estimates are in turn sensitive to the assumed mix of on- and
off-grid power production technologies and fuels, as off-grid production tends to have
substantially higher emissions per kilowatt-hour than grid power. Costs are a direct
function of the aforementioned factors, combined with electricity tariffs, which vary widely
across the country and among customer classes. More in-depth analyses could explore the
variations introduced by geography and climate, alternate technology configurations, and
production techniques.
2. U.S. Department of Justice. National Drug Threat Assessment: 2010
http://www.justice.gov/ndic/pubs3 8/3 8 66 I /marijuana.htrn #Marijuana
3. World Drug Report: 2009. United Nations Office on Drugs and Crime, p. 97.
http://www.unodc.org/unodc/en/data-and-analysis/WDR-2009 .html For U.S. conditions,
indoor yields per unit area are estimated as up to 15-times greater than outdoor yields.
4. Hudson, R. 2003. "Marijuana Availability in The United States and its Associated
Territories." Federal Research Division, Library of Congress. Washington, D.C.
(December). 129pp. See also Gettman, J. 2006. "Marijuana Production in the United
States," 29pp. http://www.drugscience.org/Archive/bcr2/app2.html
5. See http://wwwJustice.gov/dea/prograrns/marijuana.htrn
6. Anderson, G. 2010. "Grow Houses Gobble Energy." Press Democrat, July 25.See
http://www.pressdemocrat.com/article/20 l 00725/ARTICLES/J 00729664
7. Quinones, S. 2010. "Indoor Pot Makes Cash, but Isn't Green." SFGate,
http://www.sfgate .com/cgi-bin/article.cgi?f-=/c/a/20 I 011 0121IBAPO1 FU9MS .DTL
8. A study by RAND appears to have severely underestimated the true energy costs. See J. P.
Caulkins. 2010. "Estimated Cost of Production for Legalized Cannabis." RAND Working
Paper, WR-764-RC. July. Although the study over-estimates the hours of lighting required,
11
00217
it under-estimates the electrical demand and applies energy prices that fall far short of the
inclining marginal-cost tariff structures applicable in many states, particularly California.
9. Lehman, P. and P. Johnstone. 2010. "The Climate-Killers Inside." North Coast Journal,
March 11.
1O. Harvey, M. 2009. "California Dreaming of Full Marijuana Legalisation." The Sunday
Times, (September).
http://business. timeson line. co. uk/tol/business/industry_sectors/health/article685 I 523 .ece
1l . See Gettman, op cit., at ref 4.
12. See Gettman, op cit., at ref 4.
13. U.S. Department of Health and Human Services, SAMHSA, 2009 National Survey on
Drug Use and Health (September 2010). https://nsduhweb.rti.org/
14. Total Production: The only official domestic estimate of U.S. Cannabis production was
10,000 to 24,000 tonnes for the year 2001. Gettman (op cit., at ref. 4) conservatively
retained the lower value for the year 2006. This 2006 base is adjusted to 2011 values
using l 0.9%/year net increase in number of consumers between 2007 and 2009, per U.S.
Department of Health and Human Services (op cit., at ref. 12). The result is
approximately 17 million tonnes of total production annually (indoor and outdoor).
Indoor Share of Total Production: The three-fold changes in potency over the past two
decades, reported by federal sources, are attributed at least in part to the shift towards
indoor cultivation [See http://www.justice.gov/ndic/pubs37/37035/nationa1.htm and
Hudson op cit., at ref 4]. A weighted-average potency of 10% THC (U.S. Office of Drug
Control Policy. 2010. "Marijuana: Know the Facts"), reconciled with assumed 7.5%
potency for outdoor production and 15% for indoor production implies 33.3%::67.7%
indoor::outdoor production shares. For reference, as of2008, 6% of' eradicated plants
were from indoor operations, which are more difficult to detect than outdoor operations.
A 33% indoor share, combined with per-plant yields from Table 2, would correspond to a
4% eradication success rate for the levels reported (415,000 indoor plants eradicated in
2009) by the DEA (op cit., at ref 5). Assuming 400,000 members of' medical Cannabis
dispensaries in California (each of which is permitted to cultivate), and 50% of these
producing in the generic 10-module room assumed in this analysis, output would slightly
exceed this study's estimate of total statewide production. In practice, significant indoor
production is no doubt conducted outside of the medical marijuana system.
15. Koomey, J., et al. 2010. "Defining A Standard Metric for Electricity Savings."
Environmental Research Letters, 5, doi: 10.1088/J 748-9326/5/l 1014017.
J6. Overcash, Y. Li, E. Griffing, and G. Rice. 2007. "A life cycle inventory of carbon dioxide
as a solvent and additive for industry and in products." Journal ofChemical Technology
and Biotechnology, 82:1023-1038.
17. Specifically, 2% of total Provincial electricity use or 6% of residential use, as reported by
BC Hydro in Garis, L. 2008. "Eliminating Residential Hazards Associated with
Marijuana Grow Operations and The Regulation of Hydroponics Equipment," British
Columbia's Public Safety Electrical Fire and Safety Initiative, Fire Chiefs Association of
British Columbia, I 08pp. See also Bellett, G. 2010. "Pot Growers Stealing $100 million
in Electricity: B.C. Hydro studies found 500 Gigawatt hours stolen each year." Alberni
Valley Times. October 8. Analysis by B.C. Hydro in 2006 identified nearly 18,000
residential utility accounts in Vancouver with suspiciously high electricity use [see Garis
2008]. There were an estimated 10,000 indoor operations in B.C. in the year 2003,
generating $!.24B in wholesale revenue [See Plecas et al., op cit., at ref I.].
12
00218
J 8. See, e.g., this University of Michigan resource:

http://www.hrt.msu.edu/energy/Default.htm
19. "Environmental Impacts of Pot Growth." 2009. Ukiah Daily Journal. (posted at
http://www.cannabisnews.org/united-states-cannabis-news/environmental-impacts-ofpot-growth/)
20. For observations from the building inspectors community, see
http://www.nachi.org/marijuana-grow-operations.htm
21. See Garis, L., op cit., at ref 17.
22. The City of Fort Bragg, CA, has implemented elements of this in TITLE 9-Public
Peace, Safety, & Morals, Chapter 9.34.
http ://city.fortbragg .com/pages/searchResults.lasso ?token. editChoi ce=9. 0. 0&Search Type=M CsuperSearch&CurrentA ction=viewResu lt#9.32
.0
13
00219
Exhibit 5
00220
Analysis Corporation
Environmental Risks and Opportunities in Cannabis Cultivation

Michael O'Hare, BOTEC Analysis, UC Berkeley
Daniel L. Sanchez, UC Berkeley
Peter Alstone, UC Berkeley
BOTEC Analysis Corp.

l-502 Project #430-Sd
Final
June 28, 2013
00221
Table of Contents
Executive S u m m a r y - - - - - - - - - - - - - - - - - - - - - - - 3
Introduction
Cannabis culture
Environmental consequences of cannabis production
Options for Environmental Protection
19
Recommendations
23
Appendix 1: Figures from Mills 2012
28
References
3O
June 28, 2013
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Page 2 of 31
00222
Executive Summary
The most important environmental cost of marijuana production (cultivation of
cannabis) in the legal Washington market is likely to be energy for indoor, and to a
lesser extent, greenhouse, growing. Nearly all of this energy is electricity used for
lighting and ventilating, and the energy bill can amount to 1/3 of production costs.
While the price of electricity provides growers a market signal for efficient
production, it does not reflect the climate effect of greenhouse gas released by
electricity production. Though electricity in the Pacific Northwest is some of the
lowest-GHG-intensity in the US, it still has a significant "carbon footprint."
Marginal electricity demand is much more carbon-intensive than average
demand, since daily peaks are usually met with natural-gas fired generation rather
than less GHG-intensive "baseload" hydropower generation. Increased cannabis
cultivation indoors can be a noticeable fraction (single-digit percentages) of the
state's total electricity consumption. Indoor cultivation that concentrates lighting
periods at night will have a much smaller climate effect than if lighting is provided
during high-electric use times. Greenhouse production requires much Jess energy,
and open cultivation an insignificant fraction of production costs.
Other environmental effects of cannabis are worth attention, including water
use, fertilizer greenhouse-gas emissions, and chemical releases, but are typical of
similar horticultural and agricultural operations and should not be primary
concerns of the Liquor Control Board (LCB}. Even the greenhouse effects are much
less important than some other risks (and benefits} of a legal cannabis market. But
they should be mitigated when that can be done without substantial sacrifice of
other goals, as appears to be the case.
Policies available to the LCB to respond to environmental concerns about
cannabis cultivation include adjusting the excise tax on indoor-cultivated marijuana
to reflect about 9c per gram worth of global warming effect, labeling Jow-GHG
marijuana as such, encouraging LED lighting development and use, allowing outdoor
cultivation, making energy-efficient production a condition of licensing, and leading
other state agencies in the development of better technologies and diffusion of best
practices to growers. If legal cannabis production moves toward national
acceptance, the importance of developing environmentally sound production
practices will grow, and policies made now in Washington and Colorado, the early
adopters, may shape practices in the new industry nationwide.
Introduction
This memo reviews the main environmental effects of cannabis cultivation (we do
not analyze processing or distribution), emphasizing energy and climate issues with
a briefer review of other considerations (water use, chemicals, etc.). We find that
the predominant environmental concern in marijuana production is energy use for
indoor production (less importantly for greenhouse production} and in particular
the climate effects of this energy use. We then turn to the main opportunities for
growers to reduce these environmental consequences, finding that the most
June 28, 2013
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Page 3 of 31
00223
important is substituting greenhouse and outdoor production for indoor operations,

and, for indoor production, reduction of electricity use and especially electricity use
during the day. We also sketch some ways the Liquor Control Board (LCBJ can
encourage better environmental practice in this industry.
Indoor cannabis production is very energy-intensive compared to other
products on a per-pound basis, less so per unit value. However, environmental risks
from cannabis production are nowhere near as salient a part of the overall policy
framework for marijuana as (for example) the explosive a:nd toxic hazards of
methamphetamine, or the environmental costs of large-scale agriculture, mining,
metallurgy, and other industries. Nor should legal cannabis production, licensed
and inspected, generate the variety or degree of environmental damage inflicted by
illegal production (Barringer 2013). Our bottom line is that environmental
considerations should not be a major component of marijuana policy, but they are
worth explicit attention and policy design.
Cannabis culture
This section briefly discusses the main methods of cannabis production, in
particular growing the plants from which marijuana and other psychoactive
materials are derived.
The cannabis varieties of psychoactive interest are dioecious warmtemperate to subtropical annuals, grown for the flowers of the female plant.
Cultivation requirements are determined by these properties and the plant's
flowering response to a prolonged diurnal dark period.
Cannabis can be grown from seed, with male and female plants separated
after germination, or from cuttings (clones). Rooting clones assures an all-female
stand of plants and preserves the use properties of the many varieties that have
been developed.
The seedlings are grown to the desired size and maturity in a vegetative
phase and induced or allowed to flower. When unfertilized flowers reach the
desired size, they are harvested for further processing. Growing can be hydroponic
(in water with dissolved nutrients), in soil (usually outdoors), or in an irrigated
artificial growing medium for mechanical support.
Light is provided by the sun outdoors or in a greenhouse, or with electric
lighting indoors or sometimes in a greenhouse. lndoor growing requires ventilation,
sometimes filtered to reduce odor, to remove heat and humidity. C0 2 may be
provided to accelerate growth, usually by venting a propane or natural gas flame
into the plants' enclosure
Weeds may be controlled with herbicides outdoors; pests including insects,
disease, and fungus may be controlled with chemicals or mitigated with design and
management of growing chambers. Cannabis can be grown organically, without
chemical fertilizers or pesticides, but at higher cost and usually lower yield.
June 28, 2013
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Page 4 of 31
00224
The high specific value of cannabis flowers, and the desire of illegal growers
to minimize and hide the area used for cultivation, has nurtured a labor-intensive,
space-concentrated practice for indoor production analogous in some ways to
horticulture of orchids and other delicate and exotic plants. This practice may
change significantly in a legal operating environment.
Environmental conseguences of cannabis production
Energy
The most significant environmental effect of cannabis production, and the one that
varies most with different production practices, is energy consumption, especially
fossil energy use with climate effects from release of greenhouse gas. Indoor-grown
marijuana is an energy-intensive product by weight, using on the order of 2000 kWh
per pound of product (for comparison, aluminum requires only about 7 kWh per
pound). However, the high unit value of marijuana (approximately $2,000 /lb. at
wholesale basis1) compared to aluminum (-$0.90/lb 2) means energy is a much
smaller fraction of product cost: accounting for the value of the products, it takes
8,000 kWh to make $1,000 worth of aluminum vs. 1,000 kWh for $1,000 of
marijuana. Glass is considered an energy-intensive product, but energy costs
represent only about a sixth of glass-production costs, about half the level of indoorgrown cannabis.
Total current marijuana consumption in Washington is estimated at about
160 metric tons per year; if this quantity were to be grown indoors with typical
practices, marijuana cultivation would increase the state's electricity demand by
about 0.8% (using 2010 as a baseline year). Mills estimates that California indoor
cultivation currently uses 3% of all electricity in the state (note that California has
higher electricity prices than Washington and lacks the electric-intensive industry
cluster of the northwest) (Mills 2012). While precise estimates are impossible,
marijuana cultivation will be a non-trivial though small component of Washington
energy consumption: significant enough to be worth reducing where possible
without offsetting losses on other dimensions of value.
Indoor growing
Growing marijuana indoors requires careful and energy-intensive replication of
ideal outdoor conditions, including provision of light, fresh air ventilation, cooling
(required due to the energy density of lighting and ventilation) and control of pests
1 The wholesale price of marijuana is highly uncertain and currently subject to significant market
distortion from the illegal nature of the product. The price in a legal-market framework is likely to be
lower.
2 Based on Aluminum futures prices on the London Metals Exchange
http://www.lme.com/metals/non-ferrous/aluminium/
June 28, 2013
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Page 5 of 31
00225
and fungal agents. Indoor growing allows high profits from the typically high-grade
product that is produced under controlled conditions and is perceived as more
secure and stealthy. Indoor cultivation can also achieve multiple harvests per year;
growing marijuana with electricity divorces the process from the constraints of
seasonal growing and typical harvest cycles.
Figure 1: Indoor Cannabis culture
An extensive peer-reviewed study details the energy consumption of present

day indoor production facilities. Lighting levels are elevated 500-times greater than
(for example) recommended for reading, while ventilation occurs at 60-times the
rate in a modern home. Power densities are about 2000 W/m2 of growing area
(Mills 2012).
A "grow house," or residential building converted to support cannabis
cultivation, can contain 50 - 100 kW of installed lighting. Mills estimates that
lighting alone has a power density of approximately 400 W/m2. Lighting often
contains a mixture of metal halide (MH} and high-pressure sodium (HPS} lamps,
which must be replaced every 3-4 growing cycles.
C02 generators, fueled by natural gas or propane, are often used to raise
indoor C02 levels and boost plant productivity. Concentrations of C0 2 are often
raised to four times natural levels, or -1600 ppm(v}. Mills estimates that C0 2
generators are responsible for 2% of the overall carbon footprint of indoor
cultivation. However, given the beneficial effect of heightened COZ concentration on
plant yield, this practice may decrease overall environmental impact per unit of
product.
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(Illegal indoor production often entails off-grid diesel or gasoline fuel

generators. Per unit greenhouse gas (GHG) emissions from these generators are
often 3-4-times greater than the relatively low-carbon electricity available in the
Pacific Northwest or California. Spills of diesel fuel can pollute local water sources
and harm aquatic life.(Gurnon 2005) We expect that legal production will avoid
nearly all use of off-grid generation.)
The energy costs of indoor cultivation can account for over 1/3 of total costs
for representative production systems depending on a range of factors, including
the yield of the growing operation and the cost of electricity (growers in private
residences pay much higher prices for electricity than those with commercial or
even industrial accounts that would be typical in a legal market framework) (Arnold
2013). Arnold also worked with several Northern California dispensaries with
indoor production facilities to determine their energy and carbon intensity. She
found that each of three dispensaries had an energy intensity of 2,000 kWh / lb.
product, and carbon intensity of 1,000 lb. C02/ lb. based on the average grid mix for
the area. These figures are lower than Mills', and probably represent energy savings
from economies of scale in larger production operations.
Other estimates of lighting intensity are in similar range: (Caulkins 2010)
estimates lighting intensity of 430 W / m 2, while typical lighting systems 3 are sold
at intensity of -650 W/m 2 . As the layout and spacing of each production facility will
differ, these figures will vary. Energy required for ventilation varies more widely;
Arnold finds that 9-15% is used for ventilation in a large facility, while Mills
estimates that 27% of indoor production energy is for ventilation.
Greenhouse
Greenhouse cultivation demands significantly Jess energy than indoor cultivation
practices, though actual energy intensities vary widely. As sunlight is used for plant
photosynthesis, most greenhouse energy consumption is due to heating, though a
well-designed greenhouse with built-in thermal inertia can keep itself warm most of
the time by sunlight alone. Lighting can be augmented with lamps and may be
needed to match the yields from fully indoor growing, particularly in the winter
months.
Belgian greenhouses have an energy intensity of approximately 1000 MJ/mz,
which Mills notes is about 1 % of his estimate for indoor production(De Cock and
Van Lierde 1999). Winter heating in a double plastic greenhouse in Serbia requires
9-14 M] / m 2(Djevic and Dimitrijevic 2009). The greenhouse was held between 5359 F, while daily temperatures in the region average -30-40 F in winter months
(Unsigned). This is similar to the climate in much of Washington State.
Several factors affect energy consumption in greenhouses, including
greenhouse shape, construction material, as well as heating, shading, and lighting
3 A typical
lighting system can use 1000W oflighting power for 16 ftZ of production
area.
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practices. lt is unclear whether cannabis growers will choose to heat greenhouses

during winter months to increase production, but the high value of cannabis will
make it more attractive to do so for that crop than it is for other agricultural
products.
A greenhouse for horticulture can include a wide range of design and
operational features at correspondingly varying capital and operating costs. The
enclosure itself can be plastic film, in one or two layers, over a frame, or glass (
single or double pane) in a metal or wood construction. Ventilation is usually by
gravity where panes in the roof can be opened, and mechanical shades, automated
or manual, can provide photoperiod control and limit heat gain. Growing media
include soil, media, or hydroponic tanks. Greenhouse operation has benefited from
years of experience growing high-value crops like flowers and out-of-season
vegetables and the technology should be easily adopted for cannabis.
Outdoor
Field production of psychoactive cannabis is environmentally similar to growing

hemp (non-psychoactive cultivars of cannabis) or other nitrogen-hungry field or
row crops. Environmental climate effects include small fossil energy inputs per unit
of product, mostly diesel fuel for cultivation, indirect energy use for fertilizer
production, and fertilizer NzO release. We have not estimated the full energy
implications of field production in the current draft except to note that they are (i)
very small compared to greenhouse or indoor production (ii) variable in response to
agronomic practices like crop rotation and no-till cultivation that have been
developed for other crops. Jn any case, the small acreage required for Washington
MJ production would probably otherwise be used for other row or specialty crops
with similar energy requirements.
Greenhouse gas and climate

The energy required for indoor growing (and the smaller amounts used for other
methods) almost always leads to greenhouse gas (GHG) pollution that increases
global warming. We discuss GHG intensity (climate effect) separately from total
energy for two reasons: first, because optimizing indoor production can greatly
affect the GHG intensity of cannabis cultivation independently of total energy
intensity (see below); second, because climate effects are the major unregulated
and unpriced environmental consequences of this industry (and many other
industries). Growers pay for electricity and all other fuels, and hence see a built-in
incentive to reduce their use to an efficient level, but using a more- rather than lessGHG-intensive form of energy does not cost the grower any more, and this
distortion of efficient incentives-what economists call a market failure-is a standard
justification for government action. Charging an additional fee for the GHG from
electricity consumption for indoor growers (for example) would fix the market
failure and provide the correct incentives for innovation. While the climate impact
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00228
of cannabis production in Washington will be modest, choices :made in Washington

now will help shape the development of production technology nationwide and
perhaps worldwide, if the movement toward allowing legal production and sale
continues.
The Washington electric grid is unusually "low-carbon", mostly hydroelectric and nuclear with only about 17% fossil-fueled, :mostly natural gas
http://www.eia.gov/electricity/state/Washington/ table 4.
The average
greenhouse-gas intensity of electricity produced in the state is 135 kg C0 2/MWh.
The state is also intertied with the Western USA Grid however, which has a higher
carbon intensity. Furthermore, additional loads anywhere on the Western Grid
have an impact "on the margin" that is different from the average of the whole grid.
The average marginal climate effect of additional electricity demand in the Western
Electricity Coordination Council (WECC) region is 486 kg C02 I MWh (Siler-Evans,
Azevedo et al. 2012), three times the average for the State. The real impact of
additional electricity use from cannabis will be close to the marginal factor for
WECC, and there is good reason to use marginal costs as indicators of value in cases
like this because the consumer's decision to use more electricity rather than less is
intrinsically marginal.
Overall, Mills estimates that carbon dioxide emissions are approximately
4600 kg C02 / kg indoor cannabis produced but this is based on average national
electric GHG-intensity; the figure for Washington production will be much less for
the average grid mix (but similar if one takes the marginal WECC emissions factor as
discussed above). Using figures derived from (Mills 2012), the Okanogan Cannabis
Association estimates that the indoor production of 186 thousand pounds of
cannabis, one estimate of state production, would release about 0.4 million metric
tons of C0 2(Moberg and Mazzetti 2013), just under one-half of one percent of the
total for the state as of 2008.
Indoor production variations could lead to a significant amount of GHG
reduction from these average estimates, in particular by concentrating the light
periods during the nighttime when demand is low and almost entirely supplied by
the low-GHG Northwest baseload plants. This timing also reduces cooling costs
from lower outdoor temperatures and the ability to use fresh outside air for cooling.
One set of estimates for the relative contribution of each process to
greenhouse gas emissions of indoor cultivation, as well as other process
assumptions, is shown in Appendix 1.
Comparison
Using values cited above, we are able to compare high and low estimated values for
the energy and GHG intensity of indoor, greenhouse, and outdoor cultivation.
/ Energy kWh/kg
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/ GHG kgC02eq/kg
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Low
High
Low
High
Outdoor
(minimal)
(minimal)
(minimal)
(minimal)
Greenhouse
580
282
Indoor
4400
6100
590
3000
Table 1 - On-site energy and climate intensity of different cultivation

methods per kilogram of product (marijuana).
At $30/tonne C02e, a common assumed social cost of GHG emissions, these
estimates imply climate damage worth between about le and 9c per gram of
product for indoor growing, less than le for other methods. Even the highest figure
represents a modest share (no more than a few percent) of the total cost of
production: an issue worth thinking about, but not one large enough to require
substantial sacrifices of other goals.
Other Environmental Considerations

Outdoor
Field production of cannabis is environmentally similar to growing hemp or other
nitrogen-hungry field or row crops. Environmental effects include small fossil
energy inputs per unit of product, mostly diesel fuel for cultivation; fertilizer runoff
and NzO release, water contamination, soil carbon sequestration, and release of
toxic chemicals (herbicides, fungicides, and pesticides) are the other important
environmental considerations and only fertilizer manufacturing energy, N2 0 and
soil carbon have important climate implications. We have not estimated the climate
effects of field production in the current draft except to note that they are (i) very
small compared to greenhouse or indoor production (ii) variable in response to
agronomic practices like crop rotation and no-till cultivation that have been
developed for other crops.
Fertilizer
Cannabis requires a nitrogen-rich soil environment. Specific application rates,
however, are described only in grey literature. Cervantes lists the following
application schedule for hydroponic and soil growth, provided by General
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00230
iH
hoo" d 1901
l2 hco11 of ligh1
7
8
10
J~"'(lf>f;I ....
!.M
1 . tt 1 . . r r
f.9~ r~
A-1ineraf /f\ogic
[ .,.. _;,
' i ,1
t'
f..r{:I<~
/-djJ!" ..... ,,
\I'
\,...,~:,, 10 oncl :r.ru't

>;ill-~) p>i !i:o/{-' r~it'rbrlt
Figure 2: Fertilization recommendations (from (Cervantes 2006)

Soil-grown cannabis requires fewer fertilizer inputs than hydroponic
cannabis. Notably, General Hydroponics recommends one-quarter the hydroponic
application rate for soil-grown cannabis.
Hemp
Much more information about fertilizer application is available for hemp, an

industrial form of cannabis sativa used for industrial and foodstuff products. Hemp
has similar nutrient requirements to corn, and requires nitrogen in particular. The
British Columbia Ministry of Agriculture and Food (BCMAF) recommends the
following maximum application amounts:
Nutrient
Application Amount (kg/ha)
Nitrogen (N)
120
Phosphorous (P)
100
Potassium (K)
160
Table 2: Fertilizer recommendations for hemp (from BCMAF)
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Much of this nutrient draw returns to the soil. Consensus among agriculture
researchers is that hemp requires a high level of nutrients compared to other crops.
Oregon State University has undertaken an extensive study of the feasibility
of industrial hemp production in the Pacific Northwest, including Washington. They
note that most research maintains that' only soils in high state of fertility produced
good crops of hemp. In particular, they recommend adequate application of nitrogen
and phosphorus. They provide the following summary of existing literature
(Ehrensing 1998):
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00232
Country
United States
1952
60
30
40
Spain
1955
60
100
70
Italy
1956
40-60
100
70
Netherlands
1957 100-200
Rumania
1961
50-70
30-60
Bulgaria
1964
120
90
60
Netherlands
1964
120
80
160-180
USSR
1965
150
90
120
Netherlands
1966
120
100
100
USSR
1966
120
90
90
Rumania
1966
50
100
USSR
1968
120
90
90
South Korea
1968
100
60
80
USSR
1969
120
90
90
Italy
1975 75-150
Denmark
1976
France
1982 100-140
80-120
160-200
Poland
1995 90-120
70-100
150-180
100
160
United Kingdom 1995
140
120
Table 3: Hemp Fertilization Reports from (Ehrensing 1998)

In estimating the cost of hemp production in the Pacific Northwest, OSU
applies a fertilization rate of 600 lb. I acre of 16-16-16 (16% each elemental N,
phosphate (P20s), and potash (K20)) fertilizer.
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The Reason Foundation similarly reports application rates in Canada of 5580 lb./ acre and 30-40 lb./ acre phosphate (Smith-Heister 2008).
Water
Indoor
Indoor cultivation of cannabis is water-intensive, particularly when
it is
2
hydroponic. Mills estimates that one cultivation room (22 m ) requires 151 L j day
(Mills 2012). This is equivalent to 2.5 m of water per year (98 in. / yr.) of
application. This level of water application is much higher than traditional soilgrown water application.
Hydroponic pollution is also a concern for indoor cultivation. In addition to
higher water demand, hydroponic systems produce more nutrient pollution than
other growing methods. Jn Northern California, water used for indoor cultivation
contributes to pollution in local streams. Water is often illegally diverted through
PVC pipes to nearby grow operations, with negative effect on pH, stream flow, water
temperature, and nutrient content (Shafer 2012).
Hop cultivation
To understand the water consumption of outdoor cannabis cultivation, we will infer
from two other crop: hops and hemp. Hemp is taxonomically the same species as
psychoactive cannabis; hops is a different species of the family Cannabinaceae.
Research at Washington State University indicates that 300 -450 gallons of
water are needed to produce a pound of hops in the Yakima Valley of Washington. In
1992, all hop acreage in Washington was irrigated (Zepp and Smith 1995). Hops in
the Yakima Valley generally consume about 28 inches of water per year, though
annual application can exceed 50-60 inches (Extension). 75-80% of total annual
water use occurs after mid-June, particularly in late July and early August, with
maximum daily water uses of about .5 in / day. These numbers should only serve as
guidance: soil type contributes to water holding capacity, while irrigation methods
determine frequency and volume.
Hemp cultivation
BCMAF estimates that hemp grown in British Columbia requires 12-15 in. (30-40
cm) of water per growing season or rainfall equivalent (Food 1999). Hemp
cultivation in the UK requires 20cm of precipitation per growing season (Cherrett,
Barrett et al. 2005).
OSU discusses the water and irrigation requirements of hemp at length,
finding that "hemp will almost certainly require irrigation to reliably maximize
productivity in the region. The requirement for supplemental irrigation will place
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00234
hemp in direct competition with the highest value crops in the PNW [Pacific
Northwest], limiting available acreage." They also note that hemp yield is strongly
dependent on the amount of rainfall during June and July (Ehrensing 1998).
As large-scale hemp production has generally been centered in areas with
significant rainfall, very little information is available about hemp irrigation. While
33% of cropland in the PNW is irrigated, only 20.5% of cropland in Washington was
irrigated in 1992. The PNW faces water deficits, and new irrigation is unlikely.
Cl~Ol'LAND8
Figure 3: Distribution of irrigated and non-irrigated cropland in the

PNW from (Jackson and Kimmerling, 1993)
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00235
Table 4. Cropland area in the Pacific Northwest in acres (1992 Census of Agriculture}.
Irrigated Non-Irrigated
Total
% Irrigated
Idaho
3,260,006
3,041,856
6,301,862
5!.7
Oregon
1,622,235
3,415,529
5,037,764
32.2
Washington 1,641,437
6,357,982
7,999,419
20.5
Total PNW 6,523 ,678
12,815,367
19,339,045
33.7
OSU believes that hemp cultivation will probably occur west of the Cascades
because of water availability:
With early spring planting, it may be possible to grow hemp using
available soil moisture and rainfall in some areas west of the Cascades, much
like spring cereal grains. Risks associated with such production will be high
and yields may be quite variable from season to season ... Reliable irrigation
can, however, reduce weather risks associated with rainfed production.
Irrigation is not only an additional economic cost of production, but is also an
environmental concern, especially considering recent controversies
surrounding agricultural water use and increasing demand for in-stream
water rights in the PNW (Ehrensing 1998).
Precipitation in Washington is very limited east of the Cascade Mountains.
However, the state's extensive infrastructure of dams and irrigation in that region
probably affords ample water for the small acreage that may be devoted to
marijuana, and the climate is more suitable during the summer.
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Average Annual Precipitation (in inchesJ
1961-1990
180. l-200
35.1-40
140.1-180
30.1-35
120.l-140
25.1-30
100. i-120
80.1-100
20.1-25
15.1-20
70. J-80
10.1-15
60.1-70
5.1-10
50.1-60
5 and less
40. l -50
Figure 4: Rainfall in Washington
Pesticides/herbicides/fungicides
Under draft LCB regulation, all usable marijuana for sale in the State of Washington
must carry a warning that discloses all pesticides, herbicides, and fungicides or
other compounds used for pest control or plant disease in production or processing
(2013). Current indoor cultivation often employs pesticides and herbicides
(Cervantes 2006). control of chemical residues in cannabis products is considered in
another report in this project; the environmental issues are only application drift
and water (runoff and groundwater) pollution by agricultural chemicals (but see
below regarding illegal vs. legal production general environmental issues).
Hemp cultivation
No pesticides or herbicides are registered for hemp or cannabis. BCMAF notes that
hemp is freer of pests than other crops, while weeds can be reduced to virtually zero
under a dense hemp canopy (Food 1999). OSU concurs: they find that herbicides
and pesticides are not commonly used in hemp production, and significant crop
losses from pests are not common. Because of these qualities, OSU believes that
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00237
hemp can be used for weed suppression, noting "Weed suppression with minimal
pesticide use is potentially one of the greatest agronomic and environmental
benefits of growing hemp in rotation with other crops." Birds, however, feed
voraciously on cannabis seeds and their feeding can lead to substantial crop losses
(Ehrensing 1998).
OSU cautions that the introduction of new crops such as hemp to the PNW
region can result in unforeseen pest problems: "High-density planting, increased
fertilizer use, and irrigation have often increased incidence of pest problems in
other crops, and such problems should be anticipated with intensive hemp
production."
The following pests are commonly associated with hemp:

Pseudomonas syringae pv. cannabina (bacteriosis of hemp)
Xanthomonas campestris pv. cannabis (leaf spot of hemp)
Fusarium oxysporum f.sp. cannabis
Pseudoperonospora cannabina (downy mildew of hemp)
Orobanche spp. (broomrape) (Cherrett, Barrett et al. 2005)
Other Toxics
Heavy metal and toxins from lighting

Lighting materials used in indoor cannabis cultivation have environmental risks if
not properly managed for disposal. High-intensity discharge (HID) bulbs are not
recyclable; each bulb contains approximately 30 mg of mercury and other toxins.
Mercury is a neurotoxin, and is recognized as extremely toxic, particularly in
gaseous form. The Okanogan Cannabis Association estimates that indoor cultivation
of cannabis could produce 46,000 HID bulbs each year in Washington (Moberg and
Mazzetti 2013).
Using productivity assumptions in Mills, we estimate that there is the
potential for 30 mg of mercury pollution per kg of cannabis product if proper
disposal is not practiced. However, other lighting applications generate waste
lamps that need management outside the standard municipal waste stream and this
recycling/disposal system could serve as well for cannabis lighting waste.
Legal vs. illegal cultivation

Rapid expansion of illegal outdoor marijuana cultivation in northern California,
including cultivation on public land, has become recognized as a source of serious
environmental damage, from wildlife poisoned by pesticides to overdrafted and
polluted rivers to deforestation and erosion (Shafer 2012; Barringer 2013). As
mentioned previously, spills of diesel fuel often pollute local water sources. The
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00238
North Coast journal describes the diesel generators often employed for off-grid
electricity production in Humboldt County:
The diesel generators supplying power for the 1,000-watt grow lights can be
as big as a small pickup truck. They are sometimes buried underground,
which can be a fire hazard, or rigged with plastic water tubing instead of
proper fuel lines. They are often placed in dubious locations, such as right
beside creek beds -- greatly increasing the potential for contaminated water - because the depth and the surrounding trees help to rnuftle the machines'
drone. Some growers even use water tanks to store the diesel fuel, officials
said.(Gurnon 2005)
An important environmental advantage of legal, licensed, cannabis
production will be its displacement of environmentally damaging practices by
criminals and unregulated parties. We are not able to quantify these benefits but
believe them to be significant.
Options for Environmental Protection

This section highlights management practices that can reduce the environmental
footprint of cannabis production.
Energy-Efficiency Measures
Outdoor cultivation of cannabis does not raise important energy issues different
from other crops. Conventional good agronomic practice such as low-till/no-till,
erosion and runoff control, careful control of nitrogen application and timing,
integrated pest management, and the like all apply and expertise in these practices
is available from county agents and extension services. It is unlikely that the LCB
will want to develop this kind of expertise or micromanage outdoor growing for
environmental effects.
Excellent guides exist for energy efficiency measures in greenhouses, for
example (Bartok 2005). In particular, greenhouse design should consider the effects
of glazing materials on heat loss and light transmission, ways to reduce infiltration
and nighttime heating losses, greenhouse heating units, the effect of heat
distribution on heating costs, ways to maximize space utilization, using efficient
circulation and ventilation fans, and how supplemental lighting can reduce energy
requirements (Sanford 2010). Energy consumption involves tradeoffs with plant
yield and other agronomic needs. Given the high value of cannabis, growers face a
strong incentive to use more energy to increase yields than growers of other
products.
Efficient greenhouse design is strongly dependent on location and climate,
but several themes for good design emerge. Sanford 2010 recommends high
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00239
efficiency condensing heaters, effective space utilization, basket fans for air
circulation, control systems, and energy audits to reduce consu:mption. In particular,
curtain systems can dramatically reduce energy costs. Curtai11 systems also allow
growers to tightly control the amount of light their plan ts receive, enabling
photodeprivation and other advanced growing techniques. (Sanford 2010; Sanford
2010)
Indoor operations occur in buildings covered by existing Washington
building regulations and conventional energy conservatio~ practices such as
insulation. The most important opportunities for environmental benefit lie in more
efficient lighting equipment and timing to avoid peak use period's.
LEDs for indoor cultivation
Light-emitting diodes (LEDs) have several advantages over high intensity discharge
(HID) or high pressure sodium (HPS) lighting: lifetimes in excess of 100,000h, small
size, specific wavelength, adjustable light intensity and quality, and high conversion
efficiency (with low thermal losses) (Yeh and Chung 2009).
Plant growth depends specifically on the amount of photosynthetically active
radiation (PAR) it receives. Plant varieties have specific PAR spectra, which differ
from the sensitivity of the human eye. Chlorophyll molecules absorb red and blue
wavelengths most efficiently. Green light, a major constituent of white light and the
peak of the solar spectrum and human vision, is not as useful for plant growth.
Because plants have different spectral preferences than people, the general lighting
that is optimized for lumen output may not be ideal for plant growth. Agricultural
lighting is a sub-field of the lighting industry and uses specially tuned light sources
to match the PAR spectrum.
Jn general, the more energy that can be directed into wavelengths plants can
use, the more product per kWh will be produced (and the lower the resulting GHG
intensity of the product), and LEDs offer not only high overall light output-per-watt
efficiency (horticultural LED arrays can provide three times more light output per
watt of input power on an area-equivalent basis than HID lamps (Morrow 2008))
but also the potential to "tune" the emitted spectrum to plant needs.
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00240
'/11u dw11 1Juu., thr exfld ln.tl tluu .4. ,

Plwtflfm/m rrspo1,~1, 8. Plwfnc~),;tl,t-tfr
u~fmt1J; uutl
('JdomJ1'1Jll JJ11t/i1:,1ii le;L
t:.
. filau.
- -- -- - -
~.,,,~
11>t linglt lmmprd ltm i1t llu tf'tl/n t;/ tJv

gu1pl:i wpron1t..1 tlit ti.{iblt l1glif ~flrdrum
M'OI fry tlit lw11un1 l'.)r. 11M dual hum[>ffl
!1111 11p1t1rn/J tl11 Jji,.rtnrn1 fr11m11M fif't<d
fn ;;1nw.
Fig. 5: The PAR for cannabis from (Cervantes 2006)
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00241
Unfortunately, commercially available LEDs are not yet: optimized for plant
growth. Yeh 2009, however, argues that LEDs are the first light source to provide
true spectral control, allowing wavelengths to match to plant photoreceptors to
optimize production as well as to influence plant morphology and composition. In
addition, LEDs are easily integrated into digital control systems and can be dimmed
(Yeh and Chung 2009). This adaptability, along with lower waste heat production,
means that LEDs have the potential for very large energy savings in comparison
with existing lighting technologies.
While luminous efficacy is an imperfect measure of a lamp's ability to deliver
PAR due to spectral mismatch, the following values are representative of overall
efficiency oflight production:
Lighting Type
Overall luminous efficacy (Im / W)
100 W tungsten incandescent (120V)
17.5
LED, theoretical limit
-400
Available 8.7 W LED (120V)
69-93
Metal halide lamp
65-115
High pressure sodium
85-150
Table 5: Lighting source comparison from (Luminous efficicacy:

Retrieved May 29, 2013, from
http://en.wikipedia.org/wiki/Luminous_efficacy#Lighting_efficiency.)
Substitution and Complementarity

Cannabis consumption also has indirect impacts on consumption of other goods; it
is presumably a substitute for such synthetic cannabinoids as Spice and K2, and a
complement to Doritos and unbaked chocolate-chip cookie dough. Whether it
complements or substitutes for the consumption of various other psychoactives
remains unknown, and the answer need not be the same for all drugs or all user
types. (See Boyum et al. 2011 and references there.) If it were to turn out that
cannabis substituted directly for alcohol (a point on which the research literature is
divided and inconclusive) that substitute would create some offsetting
environmental benefits/ Beer brewing also has energy demands (the energy
requirements for one marijuana "joint" are approximately equal to those for 18
pints of beer (Mills 2012)). This means that any environmental impacts from
increased marijuana consumption in a legal market framework could be partially
mitigated from substitution away from alcohol.
The benefits of substituting
cannabis for methamphetamine would be even greater. But since even the signs of
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00242
the relevant cross-price elasticities are unknown, this analysis does not include this
effect.
Recommendations
The following recommendations describe regulations, enforcement mechanisms,
collaborations, and tax schemes that promote environmentally responsible
cultivation of cannabis. LCB should consider feasibility, enforceability, and potential
for market transformation when adopting a portfolio of environmental policies.
LCB's tools are primarily regulatory. Regulatory practice can be categorized
into four distinctive approaches: process-specifying, product-specifying, outcomespecifying, and incentive-based. Product regulation allows and forbids products on
an all-or-nothing basis; an example is the prohibition of wooden cutting boards in
restaurants. Process regulation requires specific protocols, for example that
restaurants wash dishes in a dishwasher using water above a certain temperature.
Outcome regulation specifies properties of a product or process without requiring
that they be achieved in any particular way; an outcome-based regulation for food
could be a maximum allowed bacteria count for cutting boards, that the operator
can meet by disinfectants, careful sanitation and management of contamination
sources, or any other way. Finally, incentive-based regulation gives the producer
consequential encouragement to provide more of a desired outcome but without (in
principle) a minimum level of achievement. An example of this is the A,B,C hygiene
ratings health departments award to restaurants in the expectation that an A rating
will increase sales enough to make it worth it for most restaurants to achieve it,
even though some restaurants' clientele may prefer the combination of price and
risk resulting represented by a C score.
Jn general, policy analysts favor these practices in the reverse of the
foregoing order, with incentive methods most preferred. The advantages of the
later-listed approaches is that they preserve incentives for innovation while
focusing on the specific types of benefit the regulatory program is intended to
obtain.
Despite the regulatory orientation of the LCB's marijuana program as
currently conceived, we also include recommendations for non-coercive policies
(advice, consulting, and research) that can improve the industry's environmental
practice. Some of these may benefit from collaboration with other state agencies
and non-profits.
Legal, licensed outdoor growing has the lowest environmental impact.

The LCB should consider allowing outdoor growing as either promises significant
environmental advantages and lower production costs than indoor cultivation.
Process regulations for security might lead to better overall results than outlawing
field growing altogether.
June 28, 2013
FINAL
Page 23 of 31
00243
Greenhouse cultivation promotes significant environmental protection

relative to indoor growing
Greenhouse cultivation of cannabis entails lower energy consumption, GHG
production, water consumption, wastewater production, fertilizer application, and
toxic risks than indoor cultivation. LCB should promote greenhouse cultivation of
cannabis, including cultivation in eastern Washington where the climate (hours of
sunshine)) is more favorable. Allowing production in standard greenhouses, rather
than requiring new construction of high-security greenhouses, would encourage
substitution away from environmentally problematic indoor growing.
Recognize the high GHG intensity of indoor growing with a differential tax
Energy efficiency and GHG reduction for indoor growing, where it matters most, can
be pursued by outcome regulations such as (for example)licensing only operations
meeting maximum electric consumption per growing area standards. Growers
already have economic incentives for efficient use of electricity, but a main 'missing
piece' of this framework regards GHG emissions, which as we have seen can vary
significantly across production practices, are especially high for indoor operations,
and are not reflected in electricity prices. A simple recognition of the distinctive
climate effects of indoor growing would be to increase the producer tax on indoor
marijuana by an amount that reflected (approximately) its respective carbon
footprint. At $30/tonne of C02-a typical value in carbon markets-and assuming
average Washington electricity GHG intensity and our "high" value for electric use
per unit of product, this would be about 9c per gram of marijuana based on the
marginal emission factor of Washington electricity. This amount would not ruin the
competitiveness of indoor production but would provide a gentle incentive and have
considerable symbolic value. The current cost of commercial electricity for cannabis
production is about $400 per kilogram of finished product. This additional climate
fee would amount to approximately a 20% surcharge on electricity use. The status
quo for indoor growing is on residential electricity accounts, with average rates that
are 9% higher than the average commercial rate in Washington. Climate fees would
essentially preserve (or slightly increase) the status quo incentives for energy
efficiency.
Collaborate with the Washington State Energy Office, Utilities and

Transportation Commission, and Washington State University, in the
development and diffusion oflower-energy prodm;tion practices.
Two technology areas for energy reduction and climate protection are especially
promising: LED lighting for horticultural application, and energy efficiency
measures for greenhouse heating. The Washington State Energy Office, located in
the Department of Commerce, runs the State Energy Program that provides funding
for energy technologies.
June 28, 2013
FINAL
Page 24 of 31
00244
Develop LEDs for cannabis applications
LED developed for horticultural applications have the potential to significantly

reduce lighting energy for both indoor and greenhouse applications. However,
commercial development to date has focused on producing white light, rather than
red/blue ("pink") LED arrays optimized for horticulture. LCB, the state universities'
engineering and agriculture departments, and the Washington Department of
Commerce could collaborate to advance commercialization of these technologies,
serving as a critical link among LED consumers, academic researchers, and
manufacturers.
Develop region-specific best practices for greenhouse energy efficiency
Cost-effective energy efficiency measures are driven in large part by regional

climate. While University extension programs in Wisconsin and Connecticut have
developed best practices for greenhouse efficiency, to our knowledge no similar
effort has been performed in the Pacific Northwest. LCB should work with the State
Energy Office or Washington State University to develop best practices suited to
greenhouse cultivation of cannabis. Such a study should employ publicly available
energy model software, such as EnergyPlus, to accurately model the effect of
building material, glazing, orientation, layout, heating systems, and shading on
energy consumption in targeted cultivation areas. Attention should also be given to
calculating a benefit-cost (B/C) ratio for efficiency measures. LCB should also seek
industry input in developing these best practices.
Encourage time-of-use pricing with lower rates for night-time electric use
Off-peak electric usage in a system like Washington's, where baseload power is very
low-carbon, has many benefits including reduced GHG emissions relative to daytime
use. Smart meters and nighttime lighting in indoor growing facilities can encourage
growers to move a significant amount of the electric usage to this environmentally
favorable period.
Collaborate with Washington State University and other stakeholders to

continue research on environmental impacts
Quantification of environmental impact in this report has relied on grey literature,
craft-skill descriptions, and a small but growing set of academic and consulting
reports. As the cannabis industry matures in Washington, academic and industry
agricultural researchers should continue to measure the environmental impact of
cannabis production methods. This research can be used to refine future regulation
and drive environmentally friendly production methods.
June 28, 2013
FINAL
Page 25 of 31
00245
Consider labeling of "climate smart" or "environmentally friendly" cannabis

for public sale in Washington
Draft LCB regulations entail labeling regulations for cannabis sold publicly. LCB
should consider branding cannabis that excels on environmental grounds, similar to
the ENERGY STAR program administered for the U.S. Environmental Protection
Agency for household appliances (2013). Such labeling programs, which affix a
readily identifiable label among the most efficient products, can drive
environmentally responsible purchasing and encourage a "race to the top" among
producers. LCB could allow labeling for on energy/GHG consumption ("climate
smart"), pesticide application ("environmentally friendly"), or a hybrid indicator.
Production enforcement mechanisms can promote environmental protection

Many of the most environmentally harmful practices in cannabis cultivation arise
from, a lack of information among regulators and the secret nature of cultivation.
These include water diversion, water disposal, pesticide application, and electricity
generation from on-site diesel generation. LCB should take advantage of the
permitting process and information collection procedures to mitigate
environmental damage.
Inspections of permitted facilities can ensure compliance with environmental
regulation. In particular, LCB or other agencies should ensure that no illegal water
diversion takes place, that only permitted pesticides, herbicides, or fungicides are
being used for cultivation, and that diesel generation is properly permitted or
installed. Inspections are supplemental to other environmental process regulation,
and may overlap with other State agency jurisdiction.
While we cannot review the extensive literature on regulatory practice here,
it's worth noting that "enforcement" regimes can vary widely in the underlying
philosophy of their implementation, from strict defect-finding and punishment to a
more complex regime in which inspectors see their job as not only police officers
but 'production engineering consultants' providing information on best practices
and opportunities to improve performance within the legal range.
Process Regulations can promote environmental protection

In addition to or in place of the tax differentials described above, a mechanism
widely regarded as the most efficient generic approach to environmental regulation,
LCB can use its permitting authority to enforce process regulations for cannabis
cultivation. In particular, LCB should consider banning practices that promote toxic
environmental releases, such as diesel generation, improper lighting disposal, and
improper water disposal. Such regulations may overlap with or be redundant to
other State or Federal regulations.
June 28, 2013
FINAL
Page 26 of 31
00246
LCB should require all electricity be grid-connected
As diesel spills relating to on-site electricity generation can pollute waterways, LCB
can require that all production facilities draw their electricity from the grid (with
perhaps an exception for off-the-grid solar and other srnall-scale renewable
sources). This would remove the incentive for producers to e:mploy on-site fossilfuel generation. It would also subject producers to Washington's increasing block
rate structure electricity tariff, which increased the economic incentive to employ
energy efficiency technology.
LCB can establish lighting disposal regulations
Given the high potential for mercury release from HID bulbs, LCB should ensure
proper disposal of bulbs used for cannabis production. As HID bulbs are not
recyclable, LCB could mandate a separate lighting disposal stream to ensure that
bulbs do not cause air or water contamination.
June 28, 2013
FINAL
Page 27 of 31
00247
Appendix 1: Figures from Mills 2012
HloMnttitl$11y l2mP40
4,,
,_
.I
1
"-
1JJit
Vehfdea
Heata-r
Subme~t
r- ...
I'
watcrheater
(01
"
co,
generator
1.>-
"
,,
;:-:,
r:i
'
..
~'
::
;i:t
~~~'"t~
Ballas:;t
..
. ...
fiotorfmd lamp
eJ ~'L'
z1-
Controller
in-line duct fani

OM:illatlng fan
Oehurnldlfi-r
Room fan
coupled to lights
Fig. Al Relative contribution of energy-consuming appliances to overall C0 2

emissions for indoor production of cannabis.
June 28, 2013
FINAL
Page 28 of 31
00248
T.tbJe A1
Configuration, environmental conditions, set-points.

Crowing module
m 2 (excl
walking area)
l.5
Number of modules in a room
lO
m'
Area of room
22
Cyde duration
78
Production continuous throughout 4.7
the year
illumination
days
cydes
Leaf phase
Flowering
phase
100 klW<
High-pressure
sodium
!000
0.13
IlJuminance
Lamp type
25 klux
Watts/lamp
Ballast losses (mix of magnetic &
digital)
Lamps per growing module
600
!
Hours/day
18
18
12
60
None
none
Ducted Juminaires with "sealed"

lighting companment
150
CFM/JOOOW
of light (free
Room ventitation (supply and

exhaust fans)
30
Filtration
Charcoal filters on
exhaust; HEPA on
supply
Metal halide
13%
Days/cycle
Daylighting
Ventilation
flow)
ACH
Oscilating fans: per module, while l

lights on
Water
Application
151
liters/roomday
Heating
Space conditioning
lndoor setpaint - -day
Indoor setpoint - night
AC efficiency
Dehumidification
CO:.i. production - target
-concentration (mostly natural gas
combustion in space)
Electric space beating
Electric submersible
heaters
c
c
28
20
JO
SEER
7x24
1500
hours
ppm
When lights off to

maintain indoor
setpoint
Target indoor humidity conditions 40-50%
Fraction of lighting system heat
30%
production removed by
Juminaire ventilation
Ballast location
Inside conditioned
space
Deying
Space conditioning:, oscillating fans, 7

maintaining 50% RH, 70-SOF
Electricity supply
grid
grid-independent generation (mix
-0f diesel, propane, and gasoline)
Days
85%
15%
Fig. A2 -Assumptions and inputs for process analysis of indoor cultivation.
June 28, 2013
FINAL
Page 29 of 31
00249
References
(2013). "About ENERGY STAR." Retrieved May 28, 2013, from
http://www.energystar.gov/index.cfm ?c=about.abjndex
(2013). Marijuana Licenses, Application Process, Requirements, and Reporting.
Draft WAC 314-55. W. S. L. C. Board. 314-55.
Arnold, J. M. (2013). Energy Consumption and Environmental Impacts Associated
with Cannabis Cultivation. Environmental Systems: Energy, Environment,
and Society, Humboldt State University. Master of Science.
Barringer, F. (2013). Marijuana Crops in California Threaten Forests and Wildlife.
New York Times. New York.
Bartok, J. W. (2005). "Greenhouse Energy Conservation Checklist." Retrieved May
22,
2013,
from
http://www.hort.uconn.edu/ipm/greenhs/bartok/htms/Greenhouse%20En
ergy%20Conservation%20Checklist.htm.
Boyum, David, Jonathan P. Caulkins, and Mark AR. Kleiman (2011). Drugs, Crime,
and Public Policy. Jn Crime and Public Policy, eds. James Q. Wilson and Joan
Petersilia. Oxford University Press, pp.368-410.
Caulkins, J.P. (2010). Estimated Cost of Production for Legalized Cannabis. Working
Paper. R. D. P. R. Center, RAND.
Cervantes, J. (2006). Marijuana Horticulture: The Indoor/Outdoor Medical Growers
Bible, Van Patten Publishing.
Cherrett, N., J. Barrett, et al. (2005). Ecological Footprint and Water Analysis of
Cotton, Hemp, and Polyester, Stockholm Environmental Institute.
De Cock, L. and D. Van Lierde (1999). Monitoring Energy Consumption in Belgian
Glasshouse Horticulture. Brussels, Belgium, Ministry of Small Enterprises,
Trades and Agriculture.
Djevic, M. and A. Dimitrijevic (2009). "Energy consumption for different greenhouse
constructions." Energy 34(9): 1325-1331.
Ehrensing, D. T. (1998). Feasibility of Industrial Hemp Production in the United
States Pacific Northwest, Oregon State University Extension Service.
Extension, W. S. U. C. Hop Management in Water-Short Periods, WSU.
Food, B. C. M. o. A. a. (1999). Industrial Hemp (Cannabis sativa L.). Specialty Crops
Factsheet.
Gurnon, E. (2005). Environmental scourge of 'diesel dope': KMUD forum seeks to
educate public. North Coast Journal.
June 28, 2013
FINAL
Page 30 of 31
00250
Mills, E. (2012). "The carbon footprint of indoor Cannabis production." Energy

Policy 46: 58-67.
Moberg, J. and M. Mazzetti (2013). Sustainable Practices for an Emerging Cannabis
Industry, Okanogan Cannabis Association.
Morrow, R. C. (2008). "LED Lighting in Horticulture." HortScience 43(7).
Reiman, A. (2009). "Cannabis as a substitute for alcohol and other drugs." Harm
Reduction Journal 6(1): 35.
Sanford, S. (2010). Reducing greenhouse energy consumption--An overview. Energy
Efficiency in Greenhouses. W. S. U. Extension.
Sanford, S. (2010). Using curtains to reduce greenhouse heating and cooling costs.
Energy Effiency in Greenhouses. W. S. U. Extension. A390 7-03.
Shafer, J. (2012). River Robbery: Wading into the murky depths of illegal water
diversion. North Coast Journal.
Siler-Evans, K., I. I. Azevedo, et al. (2012). "Marginal emissions factors for the US
electricity system." Environmental Science & Technology 46(9): 6.
Smith-Heister, S. (2008). lllegally Green: Environmental Costs of Hemp Production.
R. Foundation, Reason.
Unsigned.
"Novi
Sad."
Retrieved
May
http://en.wikipedia.org/wiki/Novi_Sad#Climate.
25,
2013,
from
Yeh, N. and J.-P. Chung (2009). "High-brightness LEDs-Energy efficient lighting

sources and their potential in indoor plant cultivation." Renewable and
Sustainable Energy Reviews 13(8): 2175-2180.
Zepp, G. and S. Smith (1995). Hops: An Economic Assessment of the Feasibility of
Providing Multiple-Period Crop Insurance. Washington, D.C., Economic
Research Service, USDA.
June 28, 2013
FINAL
Page 31 of 31
00251
Exhibit 6
00252
Marijuana Cultivation on the North Coast

Threatens Water Quality and WHdlHfe
Cultivation of marijuana in the North Coast Region has grown exponentially in recent years, both in the
number of grows and the size of grow operations. The growing operations are appearing on both
private and public land.
The North Coast Regional Water Quality Control Board (Regional Water Board) is not interested in
entering the debate over the legality of growing marijuana in California, other than to note that any
growing operation on public land is illegal regardless of the crop. The Regional Water Board has
jurisdiction over discharges of waste that could affect waters of the State, regardless of what activity is
generating the waste.
The Regional Water Board has serious concerns about the water quality impacts from the dramatic
increase in growing activity on both public and private land.
The Problem
Growers have engaged in a variety of activities that can threaten or damage riparian and aquatic
habitat, including:
e
grading, terracing, dam, and road construction without permits, leading to the filling of streams
through erosion and sediment deposition;
deforestation and habitat fragmentation;
illegal use of rodenticides, fungicides, herbicides and insecticides;
use of soil amendments and fertilizers in situations where run off to surface waters may occur;
" discarding of trash and haphazard management of human waste;
substandard storage of hazardous materials such as diesel and gasoline; and
unauthorized diversion of water from streams.
..
These activities impair beneficial uses of the water, from municipal drinking water to swimming, and
from agriculture to preserving habitat for endangered fish and wildlife.
fsnJt Marijuana. Cultivation a Big Economic Boost to the Region?

That may be true, but growers are required to follow the same rules as every other industry. Water
quality, fish and wildlife are public trust assets that shouldn't be sacrificed for private economic gain.
-l~!ll*D!l#M'MJl,Jii-'1tl&t@-+J:tMIM~--i,'*"11 4*'ii!IA*<i&li 6 1 fMWtl'+Am@I
~.
STATE WATER RESOURCES CONTROL BOARD
~
10011 Strell>t, Sicr11.m11nto, CA 95814 91-341-5254 MaJIJng Address: P.O. Bo:x 100, Sz.cramonto, CA i!5812.0100 www,waterboards.cz.{!OV
00253
How Big is The Problem?

No one knows the true scope of the increased growing activity and the related quantity of water being
diverted from local streams, because most growers do not register or apply for permits from the various
agencies involved in protecting water quality, existing water rights and wildlife.
A Department of Fish and Wildlife study of two small watersheds in Humboldt County using aerial
imagery indicates that the number of acres devoted to marijuana growing almost doubled from 2009 to
2012, with an estimated 550 individual growing operations and 19,000 plants in each watershed.
What's Being Done A.bout ft?

There are existing appropriate permits that should be obtained to make sure that site development
activities are done in a manner that is consistent with state and federal law. The attached information
sheet identifies water quality concerns and necessary permits and explains how to comply with their
requirements for site development and reporting diversions of water. These permits and requirements
apply to any site preparation work, regardless of crop.
In addition, the Regional Water Board staff is developing a category for medicinal marijuana as part of
its Agricultural Lands Discharge Program that will provide authorization for discharges of waste if water
quality protection requirements are met. This will provide permit coverage for growing operations on
private lands. Discharges of waste on public lands are not authorized. Under the USFS Waiver (Waiver
of Waste Discharge Requirements for Nonpoint Source Discharges Related to Certain Federal Land
Management Activities on National Forest System Lands in the North Coast Region, Order No. R12010-0029), nonpoint source discharges of waste to waters of the state from activities associated with
timber harvesting, national forest system roads, grazing, recreation, vegetation manipulation,
restoration, and fire suppression are authorized subject to the requirements and conditions of the
Waiver. Discharges of waste from site development and growing activities on USFS land are not
authorized and are subject to immediate enforcement actions under the California Water Code.
The State and Regional Board are working to educate the public and growers about proper permitting
and growing practices. Additionally, local, state and federal agencies, including the State and Regional
Board are working together in task forces to find illegal growing operations and enforce applicable laws.
What Can the Public Do to Help?

The public can help in two ways: making friends and neighbors aware of the issues; and reporting
water quality violations they see to the North Coast Regional Water Quality Control Board.
To file an environmental complaint, contact Stormer Feiler at the North Coast Regional Water Quality
Control Board (707) 543-7128 or email stormer.feiler@waterboards.ca.gov. or
Submit an environmental complaint to Cal/EPA via the following web link:
http://www.dtsc.ca.gov/database/CalEPA Complainl/index.cfm
(This site can also be used for water right complaints)
Following is an informational sheet on how to comply with necessary permitting requirements:
00254
To: Interested parties and agencies

SUBJECT: 215 Grow-Related Activities Which May Need a Regional Water Board Permit or Special Planning for Water
Quality Protection
Agricultural activities, including marijuana production, can harm our state's waters if they are not carried out properly. If
you are planning to develop land to grow marijuana in compliance with State law and local ordinances, there are several
agencies you should contact BEFORE you get started. The North Coast Regional Water Quality Control Board
(Regional Water Board) is one of the agencies that may need to review and permit the activities associated with your
project. The State Water Resources Control Board's Division of Water Rights is another. Before you start developing
your property to conduct your growing project, here is a series of questions you should ask yourself to see whether your
activities may need a permit from the Regional Water Board.
1) Will 1be doing any work that involves digging or heavy equipment work in a watercourse/wetland or in a location
where rain could wash dirt into a year-round or seasonal creek, river, wetland, or wet feature?
2) Will I be placing any type of material or structure in a stream, either year-round or seasonal (e.g., stream crossing,
culvert, water intake, dam, etc.)?
3) Will I be diverting water from a stream?
4) Will I be building any roads, landings, terraces or other features that involve placement of earthen fill material on my
land?
5) Will I be grading, excavating, or otherwise moving earth. on my property?
.
6) Will I be using and/or storing pest1c1des, herb1c1des, fert11!zers, fuel, or other chemicals on my property?
7) Will I be generating and/or storing solid waste (e.g., amendment bags, boxes, containers, dead plant material, waste
soil, etc.) on my property?
If you have answered yes to questions 1, 2, or 3, you will probably need a permit from the State or Regional Water
Board, and we suggest that you contact us at (707) 576-2220 to get further information about how to apply for the
appropriate permits. Note that any person who discharges waste to waters of the State without a permit may be subject
to enforcement and possible penalties. Information about California water rights ls available on the State Water
Resources Control Board's Division of Water Rights website at: http://www.waterboards.ca.gov/waterrights/. Any
diversion and use of water wtthout a water right, and a failure to report the diversion and use of water are also subject to
enforcement and penalties.
If you have answered yes to questions 4 or 5, you may need a permit from the Water Boards, and your project may
harm water quality if not constructed carefully, subjecting you to enforcement and possible penalties. It would be
advisable to hire a qualified professional with experience in erosion control to help you design and construct your
project in a way that will avoid allowing dirt to get into waterways. We recommend that you contact the Regional Water
Board to review your project and identify whether your project will need a water quality permit.
Finally, a yes answer to question 6 or 7 will not require that you get a permit from the Water Board if you manage these
materials responsibly and consistent with the manufacturer's specifications. We recommend that as you design your
project, you consider and identify suitable location(s) on your property, possibly within a container or structure, where
you can safely contain such materials away from surface and/or ground waters in a manner that eliminates the
possibility of discharge.
Dumping or allowing dirt or other wastes to enter streams or groundwater is illegal, as Is discharging any of the
materials noted above to streams or groundwater. If you have any questions or would like assistance in reviewing your
compliance with water quality laws and requirements and/or need for permits, please contact the Regional Water Board
at (707) 576-2220. Information about the Regional Water Board can be found at our website:
http://www.waterboards.ca.gov/northcoas!/.
Updated 8.5. 13
00255
TAB11
00256
County of Fresno
CHAIRMAN
BOARD OF SUPERVISORS
SUPERVISOR ANDREAS BORGEAS- DISTRICT TWO
March 19, 2014
Council President Steve Brandau

City of Fresno
2600 Fresno Street
Fresno, CA 93721
RE: Mariiuana Policy

Dear Council President Steve Brandau,
On January 7, 2014 the Fresno County Board of Supervisors voted unanimously to amend
various County ordinances relating to the cultivation of medical marijuana and corresponding penalties.
The amended ordinance bans cultivation of medical marijuana, classifies the violation of the ordinance
to be a public nuisance, and applies administrative penalties for the cultivation of medical marijuana
within the unincorporated areas of Fresno County.
I am thankful for the City/County partnership efforts you have already supported as Council
President. It goes without reminding that I strongly encourage the members of the Fresno City Council
to adopt counterpart legislation that will help establish a uniform policy between Fresno County and
Fresno City. A consistent policy within the incorporated and unincorporated areas of Fresno County will
ultimately provide clarity for residents regarding the impermissible cultivation of medical marijuana and
make it easier for law enforcement to protect the welfare of the residents and businesses in our
community.
Thank you for your support and, once again, I hope the City of Fresno and Fresno County will
successfully partner on this very important public safety legislation.
Respectfully,
4_..__.-
~ L?
Chairman Andreas Borgeas
Room 300, Hall of Records I 2281 Tulare Street I Fresno, California 93721-2198 I (559) 6002000 I FAX (559) 600-1609 / 1-800-742-1011
Equal Employment Opportunity Affirmative Action Disabled Employer
00257
TAB12
00258
Subject:
Date:
From:
To:
RE: PLEASE VOTE AGAINST banning medical cannabis cul;va;on

Wednesday, March 19, 2014 at 4:42:18 PM Pacic Daylight Time
Gregory Bareld
dennis.nebeker@SBCglobal.net
Dennis
Thank you for your email. Due to the volume of calls to our oce has received and concerns raised by several city
departments who have to deal with this issue of indoor grows, Councilmember Baines does support the proposed
ordinance that would prohibit the cul;va;on of marijuana in all zone districts of the city that is before the City
Council tomorrow
In addi;on he understands that the Medical Program Act does not create the right to cul;vate marijuana, which is a
aw in the act.
Please let us know if you have any further ques;ons or concerns on this maZer or any maZer facing the City of
Fresno.
Thanks again
gb
Gregory A. Bareld
Chief of Sta
Oce of Councilmember Oliver L. Baines III
City of Fresno
2600 Fresno Street
2nd Floor, Execu;ve Oces
Fresno, California 93721-3600
559.621-8000
559.621-7834 (direct)
559.621-7893 (fax)
-----Original Message-----
From: dennis.nebeker@SBCglobal.net [mailto:dennis.nebeker@SBCglobal.net]
Sent: Wednesday, March 19, 2014 4:30 PM
To: District3
Subject: PLEASE VOTE AGAINST banning medical cannabis cul;va;on
Contact Us
----------
Name: Dennis Nebeker
Address: 5624 N Arthur Avenue
City: Fresno
State: California
Zip: 93711
Phone: 559-281-0200
Email: dennis.nebeker@SBCglobal.net
Fax:
Preferred Method of Contact: Email
00259Page 1 of 2
Comments:
PLEASE VOTE AGAINST banning medical cannabis cul;va;on
00260Page 2 of 2
TAB13
00261
Subject:
Date:
From:
To:
An alterna)ve plan for Medical Marijuana growth in Fresno City

Michael Levine
District6@fresno.gov
March 19, 2014

Lee Brand, District 6
2600 Fresno Street
Fresno, CA 93721
Dear councilman Brand,
Fresno citys proposed total ban on medical marijuana (MM) growth and ban on dispensaries prevents people with a
legi)mate medical marijuana recommenda)on from growing or acquiring marijuana in either Fresno city or County.
This causes an unnecessary burden and cost of acquiring medical marijuana crea)ng the incen)ve for illegal drug
cartels and increased criminal ac)vity in Fresno.
I suggest a new and safe op)on. Under the California Marijuana law and compassionate care act, growing marijuana
for legi)mate medical reasons is permiWed. Therefore, Limit medical marijuana growing to 4 plants and only one
recommenda)on per home may be grown. Impose nes for growth of more then four plants. You can also require
people with recommenda)ons who are growing plants in their home or hot house to register with the police.
Put aside your personal feelings about marijuana and focus on how to create a balance between those with
legi)mate and legal use of medical marijuana and the need to stop large-scale growth. Fresno city can be on the
cuZng edge or ght a loosing baWle by crea)ng more crime in acquiring legi)mate marijuana. The States of
Colorado and Washington have legalized marijuana use. Fresno city can use limited and controlled medical marijuana
growth to create a healthy and ra)onal policy that recognizes legi)mate MM use and at the same )me gives law
enforcement the power to stop illegal marijuana growth.
Sincerely Yours,
Michael Levine
877 East Woodhaven Lane
Fresno, CA 93720
rmikelev1@comcast.net
(559) 434-5037
00262Page 1 of 1

TAB 14
00263
Subject:
Date:
From:
To:
PLEASE VOTE AGAINST banning medical cannabis cul9va9on

dennis.nebeker@SBCglobal.net
district6@fresno.gov
Contact Us
----------
Name: Dennis Nebeker
Address: 5624 N Arthur Avenue
City: Fresno
State: California
Zip: 93711
Phone: 559-281-0200
Email: dennis.nebeker@SBCglobal.net
Fax:
Comments:
As a CA resident and medical marijuana pa9ent that has found drama9c success in the use of cannabis,
recommended by my physician, to treat my condi9on, I request that you do not take away my rights as a pa9ent to
grow my own medicine. Since Fresno has outlawed dispensaries from providing medicine to me, I have been forced
to grow my own medicine. PLEASE do not force me to become a criminal in Fresno for doing something on my own
property that is allowed under the CA voter approved MMJ law throughout the state.
00264Page 1 of 1

TAB 15
00265
Subject:
Date:
From:
To:
Medical Marijuana Cul.va.on

Thursday, March 20, 2014 at 12:06:55 PM Pacic Daylight Time
ellen@canorml.org
Clerk@fresno.gov
Contact Us
----------
Name: Ellen Komp
Address: California NORML 2261 Market St. #278A
City: San Francisco
State: California
Zip: 94114
Phone: 415-563-5858
Email: ellen@canorml.org
Fax:
Comments:
Fresno's plan to ban medical marijuana cul.va.on is in conict with California law. Cal NORML has asked the
California Supreme Court to review a bad appellate court decision (Maral v. Live Oak) that held that city was en.tled
to ban medical marijuana cul.va.on. We should know in the next several weeks whether or not they will review the
decision. The city of San Pablo decided this week to wait un.l that decision was rendered to move forward with a
cul.va.on ban; Fresno should at the very least do that same.
I have heard from several seriously ill Fresno residents who will be drama.cally impacted by this proposal. It's
unnecessary, inhumane, and likely to invite costly legal challenges to your city. Please vote against this measure, or at
least table it un.l more input can be gathered. I hope you have not already made your decision and will listen to the
pleas for compassion you are likely to hear today, knowing that they represent only the frac.on of Fresno residents
who are not too fearful to speak publicly.
00266Page 1 of 1

TAB 16
00267
Subject:
Date:
From:
To:
Re: Marihuana issue

Friday, March 21, 2014 at 9:04:56 AM Pacic Daylight Time
Michael Levine
Lee Brand
Dear Lee,
Based on decisions and concerns raised at yesterday's Council meeHng, there is a safe way to let legiHmate medical
marijuana (MM) users obtain their supply. What I proposed to you in an earlier email will work for it oers clean
regulaHon and limited growth my medical marijuana users. Allowing no more then the growth of 3 or 4 plants in
pots by the MM user limits the supply. Registering the growth with the policed department (PD) allows for regulaHon
and control. Whether indoors or outdoors in a green house should not be the concern rather the absolute number of
plants. Anything over four plants raises quesHons of legiHmate use.
Why three or four? As a vegetable gardener I know that not all plants take or produce the amount of crop
wanted. This low number helps guarantee that the legiHmate user can obtain a years supply. With registraHon,
complaints to the police can be easily checked and veried as legiHmate or illegal. If illegal the police can conscate
and destroy such plants.
This is what Colorado does, track the plants that are used by dispensaries and by self growing MM users. The Council
has expressed a concern for prescribed and recommended MM users obtain a supply. My suggesHon is a safe way of
obtaining part of this goal.
While illegal culHvaHon needs to be stopped there has to be a way MM users with doctor recommendaHon cards can
obtain MM. I would appreciate that you consider this suggesHon and share this with the City Council. I'm available to
talk with you and expand upon this suggesHon.
Michael
Michael Levine
rmikelev1@comcast.net
hZp://rmikelevine.com/site/Home.html
(559) 434-5037
(559) 250-4137 cell
877 East Woodhaven Lane
Fresno CA 93720
On Mar 20, 2014, at 3:05 PM, Lee Brand <Lee.Brand@fresno.gov> wrote:

Thank you for expressing your concerns about the proposed marihuana proposal.
Lee Brand
Sent from my iPhone
00268Page 1 of 2

TAB 17
00269
From:michael.s.green@hotmail.com
To:clerk@fresno.gov
Subject:PubliccommentCannabisban
Date:Wed,26Mar201412:37:380600
DearCityClerk:
PleasemaketheattachedcommentsregardingthecannabiscultivationbanavailabletoFresnoCityCouncil
members.ThisislistedasConsentAgendaitem1EonThursday'sagenda.
Pleasealsocommunicatemyrequesttothecouncilchairtopullthisitemfromtheconsentagendaforfurther
publicdiscussionpriortothefinalvote.
Thankyou.
MichaelGreen
032614Councilcomments.pdf
93K
00270
March 26, 2014
To:
Honorable members of the Fresno City Council
From: Michael S. Green, Fresno resident

Re:
Proposed ordinance prohibiting the personal and collective cultivation of medical cannabis
Honorable council members:

The Fresno Police Department has proposed a permanent ban on the cultivation of medical cannabis.
The proposed action follows the previous enactment of ordinances banning dispensaries and outdoor
cultivation, also at the urging of Fresno police.
This letter is to express my opposition to the punitive cultivation ban on behalf of myself and other
qualified patients, who will have no lawful means to grow or otherwise obtain their cannabis once the
total growing ban takes effect.
In 2003, the California Legislature enacted the Medical Marijuana Program Act (MMPA, SB 420).
The express intent was to (1) Clarify the scope of the application of the [CUA] and facilitate the prompt
identification of qualified patients and their primary caregivers in order to avoid unnecessary arrest and
prosecution of these individuals and provide needed guidance to law enforcement officers. (2) Promote
uniform and consistent application of the act among the counties within the state. (3) Enhance the access
of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.
The proposed ordinance impacts patients and primary caregivers who have been authorized to cultivate
their medical cannabis both collectively and as individuals since Senate Bill 420 took effect in 2004.
After more than 15 years, Proposition 215 is a broken promise in Fresno, as evidenced through the city's
ban on collectives and outdoor cultivation, and now through the proposed ban on all types of cultivation.
Under SB 420, six mature plants is the minimum threshold for personal cultivation by qualified patients.
The pertinent question remains: Where can patients lawfully grow and/or purchase their medicine? This
assault on Fresno's qualified patients does not answer that question. It's ban first, ask questions later.
Even worse is the latest twist to this unfortunate theme: Fine first, and ask no questions all.
In addition to the injustice being visited on qualified patients, principles of government transparency and
due diligence are also being willfully ignored. There has been no balancing of interests, no public
outreach and education, and no stakeholder input. Even the Fresno City Planning Commission got
dissed, having been bypassed in violation of state and local planning law. The rush to judgment against
cannabis growers has resulted in a fast-track ordinance that unlawfully imposes excessive fines upon
growers and property owners. Among other procedural shortcomings, no initial study of the ordinance
was performed under the review process required by the California Environmental Quality Act.
Under California law, challenges to the proposed zoning ordinance may be limited to only those issues
that are raised at or before the public hearing. The following issues are raised in response to specific
elements of the staff report, draft ordinance and draft environmental findings, collectively labeled as
consent agenda item 1E for the Fresno City Council meeting of March 27, 2014:
00271
PAGE 1
Recommendations
There is no substantial evidence that supports the staff recommendation to repeal the codified portions
of Ordinance 2012-13 permitting limited indoor cultivation by qualified patients in the City of Fresno.
Executive Summary
The Legislature has provided explicit rules governing the personal cultivation of medical marijuana.
Among other provisions, the Medical Marijuana Program Act (SB 420) establishes a minimum
threshold of six mature cannabis plants as a reasonable standard by which patients can demonstrate their
compliance with state law to police officers and others (Health and Safety Code Sec. 11362.77). The
Legislature also provided limited immunity against criminal sanctions and civil nuisance actions to
qualified patients and primary caregivers who grow and possess a reasonable number of plants on an
individual basis (H&S Sec.11362.765) or as part of a collective (H&S Sec.11362.775).
Even so, the Police Department reports 317 grow complaints, some of them involving indoor gardens.
Though no hard numbers are given, it is reasonable to conclude that at least some of the complaints
made to police involved outdoor gardens instead. It is also reasonable to conclude, if only by the
absence of substantial evidence to the contrary, that at least some of the complaints involved growers
cited who were in compliance with the six-plant threshold established in H&S Sec. 11362.77.
Without further information, we are left to wonder whether the majority of complaints involved outdoor
grow sites, which are already prohibited under Ordinance 2012-13. The existence of outdoor grow sites
does not, by itself, provide substantial evidence of the need to prohibit indoor grow sites as well. Rather,
they provide strong anecdotal evidence that outdoor growing is easier and substantially cheaper than
growing indoors, as can reasonably be expected for plants grown in sunshine rather than artificial light.
There is no substantial evidence that supports the statement that an ordinance prohibiting indoor
cultivation would minimize crime or violence, because police officials have offered no substantial
evidence that associates indoor cultivation with such impacts.
The term special permit, as used in the staff report, could be misinterpreted as a cannabis cultivation
permit, growing permit or similar. Ordinance 2012-13 does not provide for such a growing permit,
but it does require that growing occur within a permitted structure, e.g., a permit showing an accessory
building complies with building and fire codes.
Background
From the staff report, it appears that Fresno police narcotics officers handled primary enforcement
duties as opposed to city Code Enforcement personnel. The use of sworn officers to enforce civil
statutes can and does create confusion and potential legal exposure for growers, who may unwittingly
place themselves at risk of criminal enforcement during purportedly civilian compliance checks.
No specifics are provided about the estimated 5,000 pounds of marijuana that were abated or seized.
Because immature plants contain much more water weight than plants dried after harvest, there is no
way to quantify the number of plants abated or assign those plant numbers to specific growers. There is
no substantial evidence offered of the citations issued or administrative hearings, if any, that were held.
Lacking such data, one cannot make an informed decision about the need to ban indoor growing too.
00272
The staff report provides anecdotal evidence regarding an unspecified number of indoor grow sites
where property damage was found by officers conducting enforcement. However, the staff report
provides no information about how, when and why the enforcement commenced when indoor growing
is permitted under the current city ordinance. This is pertinent because indoor growing conducted by
criminals may not have the same physical characteristics as personal indoor cultivation conducted by
state-compliant qualified patients. Larger grow sites in general are more commonly associated with
crime and adverse physical impacts, but the report makes no distinction between large and small sites,
nor does it quantify their respective proportions as encountered by law enforcement. If the proposition is
that ALL indoor grow sites create such problems, such claim is not supported by substantial evidence.
The 2013 year-to-date crime statistics are posted online by Fresno police. The most recent available
report covers calendar year 2013 through the month of October. During that time, 752 robberies were
reported, 1,325 aggravated assaults and 4,460 burglaries. The four armed home invasion robberies
cited in the staff report could be reported in multiple categories depending on the case-specific facts.
The most generous analysis possible shows that robberies associated with indoor gardens account for
one-half of 1 percent of the total number of robberies in the city, and that's not counting the final two
months of 2013. While any robbery is unfortunate, there is no substantial evidence, as shown by the
police department's own statistics, that indoor cannabis gardens attract crime and violence any more
than other types of land use. Refer to http://www.fresno.gov/NR/rdonlyres/A9D853FB-EBA4-49008435-B880D98AE480/28948/October2013MCS.pdf
As for the countless unreported grow sites, they aren't really countless at all. If they were
discovered, as reported, during a series of undercover police operations, they are quantifiable. Further,
the admitted use of undercover police officers goes well outside the scope of civilian code enforcement.
However many gardens were involved, the police clearly suspected criminal activity and began their
investigations under that premise. The number of illicit gardens operated with criminal intent, and the
conditions found therein, are hardly indicative of the number of gardens operated by qualified patients,
nor of the purported hazards found therein. Not only are they not countless, they provide no evidence
that would allow informed debate about whether legal gardens pose a public nuisance. By definition,
illegal gardens already pose a public nuisance and/or can be prosecuted as criminal violations.
The summary of Proposition 215 and the MMPA leaves out a critical element of both laws: cultivation.
The voter-approved Compassionate Use Act clearly intended to protect qualified patients from sanctions
for growing their own cannabis. The MMPA retained the limited immunity for cultivation and expanded
patient protection to nuisance actions involving use of property to grow cannabis.
The federal Controlled Substances Act (CSA) prohibits cannabis-related activities including cultivation.
However, the City Council has no lawful authority to enforce federal law to the exclusion of state law.
Nor, for that matter, does the Fresno Police Department. Prop. 215 and the MMPA have been subjected
to court challenges claiming federal pre-emption, but the laws themselves are still alive and well
because the California Supreme Court has ruled they can co-exist with federal law. The City Council
and Chief Dyer cannot pick and choose which laws they intend to enforce based on the CSA.
The proposed fine schedule is excessive and potentially unlawful. Violations of other sections of the
Fresno Municipal Code are handled with lesser fines and different administrative procedures. This
separate but equal enforcement scheme not only penalizes state-compliant growers, it also targets
property owners who may not even be aware cannabis is being grown on the property. Fresno County
provides a recent example of this principle in action, as on Tuesday the Board of Supervisors just
imposed $73,000 in total penalties affecting two growers and two property owners, one out of town. To
subject growers to heavy fines AND summary abatement, as authorized in the proposed ordinance, is
nothing short of oppressive. Property owners and tenants have rights to due process and adequate notice
before abatement is authorized. Tenants also have personal property rights in the plants being abated.
00273
PAGE 2
By its express terms, the proposed ordinance allows qualified patients to continue to grow cannabis
indoors for 120 days after the effective date of the ordinance. This provision attempts to greatly shorten
and override the City's five-year grace period allowed for nonconforming uses of land and buildings,
which is intended to protect property owners within Fresno Municipal Code Sec. 12-317 when an
existing use of buildings or land that was conforming becomes nonconforming by statute.
The 120-day sunset clause also assumes that cannabis growers only have personal property rights in
their plants or a time-limited crop. Certain cannabis growers also have vested rights in real property
used to cultivate cannabis, while owners of commercial and rental property also have vested rights.
Because certain property owners may wish to continue receiving income from their tenants and lessees,
and also because they are themselves subject to punishment under the growing ban, their vested
property rights and their rights to due process also apply. The full five-year period should be allowed to
provide property owners full opportunity to address and resolve nonconforming uses with their tenants
and lessees without being subject to fine, abatement or other sanctions. The exact purpose of Fresno
Municipal Code Sec. 12-317 is to help buffer and protect property owners from the substantial impacts
that can be created by the passage of City zoning laws, especially those that have citywide impact.
In 2012, Ordinance 2012-13 (Text Amendment Application TA-11-01) and a related environmental
assessment (EA-11-01) were both heard by the Fresno City Planning Commission, which recommended
approval in a resolution transmitted to the Council. The proposed successor to Ordinance 2012-13,
which is up for final vote on March 27, has not been heard by the Planning Commission or the Airport
Land Use Commission of Fresno County, with public hearings before both bodies required by state law.
The City's failure to proceed in the manner required by law constitutes prejudicial abuse of discretion.
Environmental Findings
Enactment and amendment of zoning ordinances is a project under the express terms of the
California Environmental Quality Act (CEQA). (Calif. Code of Regulations Sec. 15378(a)(1))
Accordingly, the city's proposed cultivation ban is a project under CEQA.
CEQA exempts certain projects from environmental review provided they meet the appropriate criteria.
The city does not claim that the proposed ordinance is entitled to a categorical exemption from CEQA,
but instead that it qualifies for the so-called common sense exemption: Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. (CCR Sec. 15061(b)(3))
The staff report weakly claims there is no possibility of environmental impact because outdoor
cultivation is unlawful in the city of Fresno, making indoor-only cultivation the status quo. The city has
offered no evidence to establish with certainty that outdoor cultivation has ceased, or that the interim
ordinances didn't create an environmental impact by banning outdoor cultivation. The police have
documented hundreds of field investigations involving cannabis gardens, both indoors and outdoors;
what is missing is any reasonable effort to analyze the environmental impacts of cannabis cultivation.
Instead, City staff have prepared only a cursory preliminary environmental assessment.
Even if one accepts the faulty premise that prohibited cultivation patterns can't be analyzed for their
environmental impacts, that doesn't excuse the City's failure to consider the impacts of lawful conduct.
Should the proposed growing ban take effect, the only lawful access will be obtained by driving several
hours to permitted dispensaries in other cities, i.e. Sacramento, Oakland and Los Angeles. There is
substantial evidence that increased vehicle usage increases greenhouse gases and other emissions.
00274
A 2011 study of energy consumption related to cannabis cultivation was compiled by Evan Mills, an
energy analyst and staff scientist at the Lawrence Berkeley National Laboratory. In California, the topproducing state (of marijuana), indoor cultivation is responsible for about 3% of all electricity use or 8%
of household use .... This corresponds to the electricity use of 1 million average California homes,
greenhouse-gas emissions equal to those from 1 million average cars, and energy expenditures of $3
billion per year. http://evan-mills.com/energy-associates/Indoor_files/Indoor-cannabis-energy-use.pdf
As the fifth-largest city in California, Fresno already bears its proportionate share of cannabis-related
energy consumption, which can only increase when cultivation is banned entirely as the city proposes.
The growing ban will not end all indoor growing by the sheer virtue of its prohibition, certainly not
when hundreds of outdoor gardens are reported by police with outdoor growing already prohibited.
Prior to Dec. 15, 2011, cultivation of medical cannabis was legal in Fresno, both indoors and outdoors,
and city zoning laws were silent on the subject, by the city's own admission. Interim urgency Ordinance
2011-41 was adopted purportedly pursuant to Government Code Sec. 65858. Ordinance 2012-3
extended the moratorium, and the permanent outdoor growing ban was enacted as Ordinance 2012-13.
The design and intent of interim urgency ordinances is to preserve the land-use status quo pending the
development of new regulations. Here, the state zoning law was misapplied to deprive qualified patients
of their vested property rights as the run-up to a permanent outdoor growing ban. Ordinance 2012-13
remains under legal challenge, and as such it cannot be assumed to set a valid environmental baseline
when analyzing the potential impacts of a total growing ban. State-authorized patient cultivation in
reasonable amounts, both indoors and outdoors, is the legal status quo in Fresno, not the total
prohibition proposed here in the latest of a series of invalid cultivation bans dating back to 2011.
Further, the assorted claims that the proposed ordinance will not result in substantial or potential impacts
are speculative, conclusory, and unsupported by substantial evidence. The physical conditions described
in the staff report -- including air, land and water -- were not analyzed by means of an initial study, nor
was any meaningful analysis conducted of the anticipated positive effects. No project alternatives were
discussed or analyzed, including the status quo where indoor growing is permitted. To comply with
CEQA, the City must conduct an initial study pursuant to CEQA Guidelines Sec. 15002(k)(2).
A small-scale outdoor garden with adequate fencing, reasonable setbacks and visual screening is more
sustainable and energy-efficient than an indoor garden of the same size. Reasonable limits on the size of
permitted cultivation areas, both indoors and outdoors, will reduce neighbor complaints, enhance the
health and safety of the city's qualified patients, and mitigate the city's rightful concerns about nuisance
odors generated by larger, unregulated gardens. Such project alternatives are worthy of consideration.
Due process concerns
The city's Public Nuisance Abatement Ordinance is found in Article 6 of Chapter 10 of the Fresno
Municipal Code. Among other provisions, the nuisance abatement ordinance provides designated city
directors with right of entry to property for purposes of inspection and/or abatement upon issuance of
an administrative warrant. Administrative and enforcement procedures are not specified.
The constitutional rights to avoid self-incrimination and to be protected against unreasonable search and
seizure are critical concerns for all people, but especially for medical cannabis patients who may be
accused of profit-making, weapons violations, child endangerment or other alleged crimes during the
enforcement of a purported civil violation and/or summary abatement.
Because of these concerns, the administrative and enforcement procedures utilized by the city attorney
should either be tied to the Public Nuisance Abatement Ordinance procedures (FMC 10-601 et seq.), or
the civil enforcement process in Section 12-2105 of the proposed ordinance should be described in
detail and codified in a manner similar to the Public Nuisance Abatement Ordinance.
00275
Health and Safety Code Sec. 11362.83 allows cities to adopt laws consistent with SB 420.
Conversely, state law does not allow cities to adopt laws that are inconsistent with SB 420. Fresno has
already banned all collectives and dispensaries, and now proposes to eliminate the only remaining
lawful method known by which qualified patients can grow their own cannabis safely and affordably.
More specifically, Health and Safety Code Secs. 11362.83(a) and (b) only authorize cities to regulate
medical cannabis collectives and dispensaries in a manner consistent with SB 420. It's not a blank check
that authorizes cities to ban or severely restrict cultivation by individual qualified patients.
11362.83. Nothing in this article shall prevent a city or other local governing body from adopting
and enforcing any of the following:
(a) Adopting local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective.
(b) The civil and criminal enforcement of local ordinances described in subdivision (a).
(c) Enacting other laws consistent with this article. (emphasis added)
To date, the city has not passed laws designed to enhance safe access, nor to promote uniform and
consistent application of SB 420 between nearby cities and Fresno County. Now, the City is being asked
to act in collusion with Fresno County to impose an excessive and onerous fine schedule that puts both
growers and property owners in the cross-hairs. The City Council has previously diminished safe access
by banning all types of collectives and dispensaries. Now it's personal cultivation that's on the chopping
block, with nary a whisper about the social, economic and legal consequences of such an extreme action.
The City has a compelling interest in protecting the health, safety and welfare of all of its residents,
including qualified patients who grow and consume cannabis in compliance with California law.
Creating clear pathways of lawful conduct for cannabis patients is necessary to protect their own health,
and also the public health of non-users affected by illicit gardens.
Enforcement of a cannabis zoning ordinance should be complaint-driven, like other code enforcement.
Land use should be regulated reasonably, with ample protections for property owners and tenants alike.
Summary abatement places the City at risk of lawsuits for unreasonable searches and seizures.
Health and Safety Code Sec. 11362.765 provides that individual patients and caregivers shall not be
subject to criminal sanctions or nuisance actions for using property to grow or store medical cannabis.
Sections 11362.765 and 11362.775 expressly negate section 11570 as a nuisance remedy against the
medical cannabis activities identified in those sections.
By imposing sanctions upon qualified patients on the sole basis of their cultivation of medical cannabis,
Fresno's proposed growing ban like the ordinances that preceded it -- directly conflicts with state law
and is subject to legal challenge. The City is also exposing itself to needless litigation by failing to
follow proper planning and CEQA procedures. A more deliberate and inclusive approach is needed.
Respectfully submitted,
Michael S. Green
Fresno, California
00276

TAB 18
00277
Subject:
Date:
From:
To:
quick ques)on concerning the recent mmj cul)va)on ban

Wednesday, March 26, 2014 at 10:21:08 AM Pacic Daylight Time
emagdnimrol23@gmail.com
mayor@fresno.gov
Contact Us
----------
Name: michael perez
Address:
City: fresno
State: California
Zip: 93711
Phone:
Email: emagdnimrol23@gmail.com
Fax:
Comments:
hello, ive been keeping up with news and reading all the new things that Fresno is trying to do with itself in order to
make fresno a beYer and safer place. i can do nothing but say thank you for trying to make fresno a safer place not
only for you and i, but for the rest of the people here and future residents.
my concern is that i myself am a legal and valid mmj, prop 215 pa)ent and with my liscense i am allowed to grow my
own plants for myself. this idea wasnt thought about very well although i feel you might have had your head in the
right place, your logic is wrong. so basically what you are saying is that i have to a) grow my plants in fear or b) stop
growing out of fear and start buying from people on the streets. isnt that the opposite of what you want? less
tracking of "drugs" would things safer but yet this new ban asks us to be afraid of growing and is now sugges)ng
that out of fear, we start buying from other and let them risk everything and not us.
doesnt that idea alone change our morale as people? doest it make us change who we are and how we act and feel
becauae of YOUR vision?
whether you see it t or not, a valid physician, someone who has a much higher level of knowledge above you has
said that i need medical marijuana to help me func)on daily. whatever my reasoning may be, ive been given that
recommenda)on that works with a law that we voted in. your lack of respect for people opinions and votes is
concerning.
i guess my main ques)on here is that since ive paid to have this valid liscense that allows me to legally grow, since
fresno has said that i cant, where is the $150 that i paid for the keep myself safe and to allow myself dierent
medica)ons. where is this money back in my pocket? if youd like to send me a check or meet up and give cash then
awesome. youve basically screwed thousands of fresno residents over nancially so like with every ac)on their is a
reac)on, this is mine. would you like to keep this civil and start issuing refunds to these pa)ents or is this going to
have to be part of a much larger lawsuit? i am owed my $150 that i worked hard in fresno to earn, id like to know
when my check is going to be in the mail, along with all other Fresno pa)ents. if you are going to do what is "right"
then maybe think things through before you start enforcing your wannabe big city mayor moves.
wheres my refund fresno???????

00278Page 1 of 1

TAB 19
00279
From:Clerk@fresno.gov
To:michael.s.green@hotmail.com
Subject:RE:PubliccommentCannabisban
Date:Wed,26Mar201421:57:07+0000
HiMr.Green,
Yourcorrespondencewasreceivedat11:38today.Ourcouncilrulesrequiresustoreceivecommunication
within24hourspriortotheitembeingheardwhichmeansweshouldhavereceiveditat8:30a.m.this
morning.Alsoacitizencannotrequestthatanitembepulledfromtheconsentagent,onlyacouncilmember
candothat.Youwillhaveachancetospeakonanyitemontheconsentagendapriortothecounciltaking
theirvoteontheconsentagenda.Welookforwardtoseeingyouatthemeetingtomorrow.
Yvonne Spence, CRM CMC

City Clerk
City of Fresno
Fresno, CA
(559)6217665
From:MichaelGreen[mailto:michael.s.green@hotmail.com]
Sent:Wednesday,March26,201411:38AM
To:Clerk
Subject:PubliccommentCannabisban
DearCityClerk:
PleasemaketheattachedcommentsregardingthecannabiscultivationbanavailabletoFresnoCityCouncilmembers.This
islistedasConsentAgendaitem1EonThursday'sagenda.
Pleasealsocommunicatemyrequesttothecouncilchairtopullthisitemfromtheconsentagendaforfurtherpublic
discussionpriortothefinalvote.
Thankyou.
MichaelGreen
00280

TAB 20
00281
From: michael.s.green@hotmail.com
To: ashley.swearengin@fresno.gov
Subject: Please veto the cannabis ban
Date: Thu, 27 Mar 2014 14:34:07 -0600
Mayor Swearengin:
I'm writing to request your veto of the medical marijuana cultivation ban passed this morning by the
Fresno City Council. It is my understanding that it is within your authority to do so.
Because of the council's procedural rules, I was not permitted to submit my written comments today
detailing several procedural deficiencies in the adoption process. I am attaching my comments here for
your information and consideration. Among other concerns, the text amendment to the city's zoning
ordinance was not heard before the Planning Commission as required by the Government Code. The City
has also failed to comply with the review process that is mandated by the California Environmental
Quality Act.
Although the council appears set to appoint an ad hoc committee to study the issue of safe access, the
political and legal challenges are quite substantial. A government-sponsored dispensary would be no
more compliant with federal law than the patient collectives and dispensaries that are currently banned by
Ordinance 2012-13. It goes without saying that the private sector has more experience and training in
cannabis cultivation, processing and distribution than city officials, however well-meaning they may be.
As a point of information, I am a litigant against the City (Superior Court case no.12 CECG 01334).
Further litigation by myself and other qualified cannabis patients against the City would be expensive and
counter-productive, but it may be required to protect the health and property rights of those affected.
As a practical matter, the city already has a dispensary and outdoor growing ban in place; there simply is
not an urgent need to prohibit all indoor cultivation too. Removing the last lawful option for cannabis
patients to grow their own medicine safely and affordably leaves two untenable options: resort to the local
black market and/or drive to expensive dispensaries located hours away from Fresno County. Imposing
heavy fines of $1,000 per plant for indoor growing hurts not only patients, but property owners as well.
Thank you for your consideration,
Michael Green
Fresno, CA
559-270-1411
00282
March 26, 2014
To:
Honorable members of the Fresno City Council
From: Michael S. Green, Fresno resident

Re:
Proposed ordinance prohibiting the personal and collective cultivation of medical cannabis
Honorable council members:

The Fresno Police Department has proposed a permanent ban on the cultivation of medical cannabis.
The proposed action follows the previous enactment of ordinances banning dispensaries and outdoor
cultivation, also at the urging of Fresno police.
This letter is to express my opposition to the punitive cultivation ban on behalf of myself and other
qualified patients, who will have no lawful means to grow or otherwise obtain their cannabis once the
total growing ban takes effect.
In 2003, the California Legislature enacted the Medical Marijuana Program Act (MMPA, SB 420).
The express intent was to (1) Clarify the scope of the application of the [CUA] and facilitate the prompt
identification of qualified patients and their primary caregivers in order to avoid unnecessary arrest and
prosecution of these individuals and provide needed guidance to law enforcement officers. (2) Promote
uniform and consistent application of the act among the counties within the state. (3) Enhance the access
of patients and caregivers to medical marijuana through collective, cooperative cultivation projects.
The proposed ordinance impacts patients and primary caregivers who have been authorized to cultivate
their medical cannabis both collectively and as individuals since Senate Bill 420 took effect in 2004.
After more than 15 years, Proposition 215 is a broken promise in Fresno, as evidenced through the city's
ban on collectives and outdoor cultivation, and now through the proposed ban on all types of cultivation.
Under SB 420, six mature plants is the minimum threshold for personal cultivation by qualified patients.
The pertinent question remains: Where can patients lawfully grow and/or purchase their medicine? This
assault on Fresno's qualified patients does not answer that question. It's ban first, ask questions later.
Even worse is the latest twist to this unfortunate theme: Fine first, and ask no questions all.
In addition to the injustice being visited on qualified patients, principles of government transparency and
due diligence are also being willfully ignored. There has been no balancing of interests, no public
outreach and education, and no stakeholder input. Even the Fresno City Planning Commission got
dissed, having been bypassed in violation of state and local planning law. The rush to judgment against
cannabis growers has resulted in a fast-track ordinance that unlawfully imposes excessive fines upon
growers and property owners. Among other procedural shortcomings, no initial study of the ordinance
was performed under the review process required by the California Environmental Quality Act.
Under California law, challenges to the proposed zoning ordinance may be limited to only those issues
that are raised at or before the public hearing. The following issues are raised in response to specific
elements of the staff report, draft ordinance and draft environmental findings, collectively labeled as
consent agenda item 1E for the Fresno City Council meeting of March 27, 2014:
00283
PAGE 1
Recommendations
There is no substantial evidence that supports the staff recommendation to repeal the codified portions
of Ordinance 2012-13 permitting limited indoor cultivation by qualified patients in the City of Fresno.
Executive Summary
The Legislature has provided explicit rules governing the personal cultivation of medical marijuana.
Among other provisions, the Medical Marijuana Program Act (SB 420) establishes a minimum
threshold of six mature cannabis plants as a reasonable standard by which patients can demonstrate their
compliance with state law to police officers and others (Health and Safety Code Sec. 11362.77). The
Legislature also provided limited immunity against criminal sanctions and civil nuisance actions to
qualified patients and primary caregivers who grow and possess a reasonable number of plants on an
individual basis (H&S Sec.11362.765) or as part of a collective (H&S Sec.11362.775).
Even so, the Police Department reports 317 grow complaints, some of them involving indoor gardens.
Though no hard numbers are given, it is reasonable to conclude that at least some of the complaints
made to police involved outdoor gardens instead. It is also reasonable to conclude, if only by the
absence of substantial evidence to the contrary, that at least some of the complaints involved growers
cited who were in compliance with the six-plant threshold established in H&S Sec. 11362.77.
Without further information, we are left to wonder whether the majority of complaints involved outdoor
grow sites, which are already prohibited under Ordinance 2012-13. The existence of outdoor grow sites
does not, by itself, provide substantial evidence of the need to prohibit indoor grow sites as well. Rather,
they provide strong anecdotal evidence that outdoor growing is easier and substantially cheaper than
growing indoors, as can reasonably be expected for plants grown in sunshine rather than artificial light.
There is no substantial evidence that supports the statement that an ordinance prohibiting indoor
cultivation would minimize crime or violence, because police officials have offered no substantial
evidence that associates indoor cultivation with such impacts.
The term special permit, as used in the staff report, could be misinterpreted as a cannabis cultivation
permit, growing permit or similar. Ordinance 2012-13 does not provide for such a growing permit,
but it does require that growing occur within a permitted structure, e.g., a permit showing an accessory
building complies with building and fire codes.
Background
From the staff report, it appears that Fresno police narcotics officers handled primary enforcement
duties as opposed to city Code Enforcement personnel. The use of sworn officers to enforce civil
statutes can and does create confusion and potential legal exposure for growers, who may unwittingly
place themselves at risk of criminal enforcement during purportedly civilian compliance checks.
No specifics are provided about the estimated 5,000 pounds of marijuana that were abated or seized.
Because immature plants contain much more water weight than plants dried after harvest, there is no
way to quantify the number of plants abated or assign those plant numbers to specific growers. There is
no substantial evidence offered of the citations issued or administrative hearings, if any, that were held.
Lacking such data, one cannot make an informed decision about the need to ban indoor growing too.
00284
The staff report provides anecdotal evidence regarding an unspecified number of indoor grow sites
where property damage was found by officers conducting enforcement. However, the staff report
provides no information about how, when and why the enforcement commenced when indoor growing
is permitted under the current city ordinance. This is pertinent because indoor growing conducted by
criminals may not have the same physical characteristics as personal indoor cultivation conducted by
state-compliant qualified patients. Larger grow sites in general are more commonly associated with
crime and adverse physical impacts, but the report makes no distinction between large and small sites,
nor does it quantify their respective proportions as encountered by law enforcement. If the proposition is
that ALL indoor grow sites create such problems, such claim is not supported by substantial evidence.
The 2013 year-to-date crime statistics are posted online by Fresno police. The most recent available
report covers calendar year 2013 through the month of October. During that time, 752 robberies were
reported, 1,325 aggravated assaults and 4,460 burglaries. The four armed home invasion robberies
cited in the staff report could be reported in multiple categories depending on the case-specific facts.
The most generous analysis possible shows that robberies associated with indoor gardens account for
one-half of 1 percent of the total number of robberies in the city, and that's not counting the final two
months of 2013. While any robbery is unfortunate, there is no substantial evidence, as shown by the
police department's own statistics, that indoor cannabis gardens attract crime and violence any more
than other types of land use. Refer to http://www.fresno.gov/NR/rdonlyres/A9D853FB-EBA4-49008435-B880D98AE480/28948/October2013MCS.pdf
As for the countless unreported grow sites, they aren't really countless at all. If they were
discovered, as reported, during a series of undercover police operations, they are quantifiable. Further,
the admitted use of undercover police officers goes well outside the scope of civilian code enforcement.
However many gardens were involved, the police clearly suspected criminal activity and began their
investigations under that premise. The number of illicit gardens operated with criminal intent, and the
conditions found therein, are hardly indicative of the number of gardens operated by qualified patients,
nor of the purported hazards found therein. Not only are they not countless, they provide no evidence
that would allow informed debate about whether legal gardens pose a public nuisance. By definition,
illegal gardens already pose a public nuisance and/or can be prosecuted as criminal violations.
The summary of Proposition 215 and the MMPA leaves out a critical element of both laws: cultivation.
The voter-approved Compassionate Use Act clearly intended to protect qualified patients from sanctions
for growing their own cannabis. The MMPA retained the limited immunity for cultivation and expanded
patient protection to nuisance actions involving use of property to grow cannabis.
The federal Controlled Substances Act (CSA) prohibits cannabis-related activities including cultivation.
However, the City Council has no lawful authority to enforce federal law to the exclusion of state law.
Nor, for that matter, does the Fresno Police Department. Prop. 215 and the MMPA have been subjected
to court challenges claiming federal pre-emption, but the laws themselves are still alive and well
because the California Supreme Court has ruled they can co-exist with federal law. The City Council
and Chief Dyer cannot pick and choose which laws they intend to enforce based on the CSA.
The proposed fine schedule is excessive and potentially unlawful. Violations of other sections of the
Fresno Municipal Code are handled with lesser fines and different administrative procedures. This
separate but equal enforcement scheme not only penalizes state-compliant growers, it also targets
property owners who may not even be aware cannabis is being grown on the property. Fresno County
provides a recent example of this principle in action, as on Tuesday the Board of Supervisors just
imposed $73,000 in total penalties affecting two growers and two property owners, one out of town. To
subject growers to heavy fines AND summary abatement, as authorized in the proposed ordinance, is
nothing short of oppressive. Property owners and tenants have rights to due process and adequate notice
before abatement is authorized. Tenants also have personal property rights in the plants being abated.
00285
PAGE 2
By its express terms, the proposed ordinance allows qualified patients to continue to grow cannabis
indoors for 120 days after the effective date of the ordinance. This provision attempts to greatly shorten
and override the City's five-year grace period allowed for nonconforming uses of land and buildings,
which is intended to protect property owners within Fresno Municipal Code Sec. 12-317 when an
existing use of buildings or land that was conforming becomes nonconforming by statute.
The 120-day sunset clause also assumes that cannabis growers only have personal property rights in
their plants or a time-limited crop. Certain cannabis growers also have vested rights in real property
used to cultivate cannabis, while owners of commercial and rental property also have vested rights.
Because certain property owners may wish to continue receiving income from their tenants and lessees,
and also because they are themselves subject to punishment under the growing ban, their vested
property rights and their rights to due process also apply. The full five-year period should be allowed to
provide property owners full opportunity to address and resolve nonconforming uses with their tenants
and lessees without being subject to fine, abatement or other sanctions. The exact purpose of Fresno
Municipal Code Sec. 12-317 is to help buffer and protect property owners from the substantial impacts
that can be created by the passage of City zoning laws, especially those that have citywide impact.
In 2012, Ordinance 2012-13 (Text Amendment Application TA-11-01) and a related environmental
assessment (EA-11-01) were both heard by the Fresno City Planning Commission, which recommended
approval in a resolution transmitted to the Council. The proposed successor to Ordinance 2012-13,
which is up for final vote on March 27, has not been heard by the Planning Commission or the Airport
Land Use Commission of Fresno County, with public hearings before both bodies required by state law.
The City's failure to proceed in the manner required by law constitutes prejudicial abuse of discretion.
Environmental Findings
Enactment and amendment of zoning ordinances is a project under the express terms of the
California Environmental Quality Act (CEQA). (Calif. Code of Regulations Sec. 15378(a)(1))
Accordingly, the city's proposed cultivation ban is a project under CEQA.
CEQA exempts certain projects from environmental review provided they meet the appropriate criteria.
The city does not claim that the proposed ordinance is entitled to a categorical exemption from CEQA,
but instead that it qualifies for the so-called common sense exemption: Where it can be seen with
certainty that there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. (CCR Sec. 15061(b)(3))
The staff report weakly claims there is no possibility of environmental impact because outdoor
cultivation is unlawful in the city of Fresno, making indoor-only cultivation the status quo. The city has
offered no evidence to establish with certainty that outdoor cultivation has ceased, or that the interim
ordinances didn't create an environmental impact by banning outdoor cultivation. The police have
documented hundreds of field investigations involving cannabis gardens, both indoors and outdoors;
what is missing is any reasonable effort to analyze the environmental impacts of cannabis cultivation.
Instead, City staff have prepared only a cursory preliminary environmental assessment.
Even if one accepts the faulty premise that prohibited cultivation patterns can't be analyzed for their
environmental impacts, that doesn't excuse the City's failure to consider the impacts of lawful conduct.
Should the proposed growing ban take effect, the only lawful access will be obtained by driving several
hours to permitted dispensaries in other cities, i.e. Sacramento, Oakland and Los Angeles. There is
substantial evidence that increased vehicle usage increases greenhouse gases and other emissions.
00286
A 2011 study of energy consumption related to cannabis cultivation was compiled by Evan Mills, an
energy analyst and staff scientist at the Lawrence Berkeley National Laboratory. In California, the topproducing state (of marijuana), indoor cultivation is responsible for about 3% of all electricity use or 8%
of household use .... This corresponds to the electricity use of 1 million average California homes,
greenhouse-gas emissions equal to those from 1 million average cars, and energy expenditures of $3
billion per year. http://evan-mills.com/energy-associates/Indoor_files/Indoor-cannabis-energy-use.pdf
As the fifth-largest city in California, Fresno already bears its proportionate share of cannabis-related
energy consumption, which can only increase when cultivation is banned entirely as the city proposes.
The growing ban will not end all indoor growing by the sheer virtue of its prohibition, certainly not
when hundreds of outdoor gardens are reported by police with outdoor growing already prohibited.
Prior to Dec. 15, 2011, cultivation of medical cannabis was legal in Fresno, both indoors and outdoors,
and city zoning laws were silent on the subject, by the city's own admission. Interim urgency Ordinance
2011-41 was adopted purportedly pursuant to Government Code Sec. 65858. Ordinance 2012-3
extended the moratorium, and the permanent outdoor growing ban was enacted as Ordinance 2012-13.
The design and intent of interim urgency ordinances is to preserve the land-use status quo pending the
development of new regulations. Here, the state zoning law was misapplied to deprive qualified patients
of their vested property rights as the run-up to a permanent outdoor growing ban. Ordinance 2012-13
remains under legal challenge, and as such it cannot be assumed to set a valid environmental baseline
when analyzing the potential impacts of a total growing ban. State-authorized patient cultivation in
reasonable amounts, both indoors and outdoors, is the legal status quo in Fresno, not the total
prohibition proposed here in the latest of a series of invalid cultivation bans dating back to 2011.
Further, the assorted claims that the proposed ordinance will not result in substantial or potential impacts
are speculative, conclusory, and unsupported by substantial evidence. The physical conditions described
in the staff report -- including air, land and water -- were not analyzed by means of an initial study, nor
was any meaningful analysis conducted of the anticipated positive effects. No project alternatives were
discussed or analyzed, including the status quo where indoor growing is permitted. To comply with
CEQA, the City must conduct an initial study pursuant to CEQA Guidelines Sec. 15002(k)(2).
A small-scale outdoor garden with adequate fencing, reasonable setbacks and visual screening is more
sustainable and energy-efficient than an indoor garden of the same size. Reasonable limits on the size of
permitted cultivation areas, both indoors and outdoors, will reduce neighbor complaints, enhance the
health and safety of the city's qualified patients, and mitigate the city's rightful concerns about nuisance
odors generated by larger, unregulated gardens. Such project alternatives are worthy of consideration.
Due process concerns
The city's Public Nuisance Abatement Ordinance is found in Article 6 of Chapter 10 of the Fresno
Municipal Code. Among other provisions, the nuisance abatement ordinance provides designated city
directors with right of entry to property for purposes of inspection and/or abatement upon issuance of
an administrative warrant. Administrative and enforcement procedures are not specified.
The constitutional rights to avoid self-incrimination and to be protected against unreasonable search and
seizure are critical concerns for all people, but especially for medical cannabis patients who may be
accused of profit-making, weapons violations, child endangerment or other alleged crimes during the
enforcement of a purported civil violation and/or summary abatement.
Because of these concerns, the administrative and enforcement procedures utilized by the city attorney
should either be tied to the Public Nuisance Abatement Ordinance procedures (FMC 10-601 et seq.), or
the civil enforcement process in Section 12-2105 of the proposed ordinance should be described in
detail and codified in a manner similar to the Public Nuisance Abatement Ordinance.
00287
Health and Safety Code Sec. 11362.83 allows cities to adopt laws consistent with SB 420.
Conversely, state law does not allow cities to adopt laws that are inconsistent with SB 420. Fresno has
already banned all collectives and dispensaries, and now proposes to eliminate the only remaining
lawful method known by which qualified patients can grow their own cannabis safely and affordably.
More specifically, Health and Safety Code Secs. 11362.83(a) and (b) only authorize cities to regulate
medical cannabis collectives and dispensaries in a manner consistent with SB 420. It's not a blank check
that authorizes cities to ban or severely restrict cultivation by individual qualified patients.
11362.83. Nothing in this article shall prevent a city or other local governing body from adopting
and enforcing any of the following:
(a) Adopting local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective.
(b) The civil and criminal enforcement of local ordinances described in subdivision (a).
(c) Enacting other laws consistent with this article. (emphasis added)
To date, the city has not passed laws designed to enhance safe access, nor to promote uniform and
consistent application of SB 420 between nearby cities and Fresno County. Now, the City is being asked
to act in collusion with Fresno County to impose an excessive and onerous fine schedule that puts both
growers and property owners in the cross-hairs. The City Council has previously diminished safe access
by banning all types of collectives and dispensaries. Now it's personal cultivation that's on the chopping
block, with nary a whisper about the social, economic and legal consequences of such an extreme action.
The City has a compelling interest in protecting the health, safety and welfare of all of its residents,
including qualified patients who grow and consume cannabis in compliance with California law.
Creating clear pathways of lawful conduct for cannabis patients is necessary to protect their own health,
and also the public health of non-users affected by illicit gardens.
Enforcement of a cannabis zoning ordinance should be complaint-driven, like other code enforcement.
Land use should be regulated reasonably, with ample protections for property owners and tenants alike.
Summary abatement places the City at risk of lawsuits for unreasonable searches and seizures.
Health and Safety Code Sec. 11362.765 provides that individual patients and caregivers shall not be
subject to criminal sanctions or nuisance actions for using property to grow or store medical cannabis.
Sections 11362.765 and 11362.775 expressly negate section 11570 as a nuisance remedy against the
medical cannabis activities identified in those sections.
By imposing sanctions upon qualified patients on the sole basis of their cultivation of medical cannabis,
Fresno's proposed growing ban like the ordinances that preceded it -- directly conflicts with state law
and is subject to legal challenge. The City is also exposing itself to needless litigation by failing to
follow proper planning and CEQA procedures. A more deliberate and inclusive approach is needed.
Respectfully submitted,
Michael S. Green
Fresno, California
00288

TAB 21
00289
Subject:
Date:
From:
To:
The Local Bans on All Medical Marijuana.

Thursday, March 27, 2014 at 11:18:33 AM Pacic Daylight Time
gdharris001@yahoo.com
mayor@fresno.gov
Contact Us
----------
Name: Gary D. Harris
Address: 5633 N. Delbert Ave.
City: Fresno
State: California
Zip: 93722-2543
Phone: 559-271-3317
Email: gdharris001@yahoo.com
Fax:
Comments:
I don't think the Fresno city council has considered all the repercussions from their inappropriate decision to ban ALL
access to Medical Marijuana in our Fresno community. First of all, Marijuana was easily available long before it was
legalized for medical use, and it will be easily available long a]er it is banned. If I can't grow the Marijuana I need,
then I will need to buy it. If NO ONE is allowed to cul_vate Marijuana legally for medical use, then ALL the Marijuana
that will 'll that vacuum' for Fresno's Medical Marijuana pa_ents will be Marijuana that is grown illegally, (as in
grown in our na_onal parks & public lands). The monies I will eventually spend for my medical needs could be as
much as $400 per month, which will very likely be headed south to pay for more 'product' from the drug cartels in
Mexico. If 1000 pa_ents spend $400 per month for their medical need, that would be $400,000 per month going
south to the drug cartels. In a year's _me...that's a LOT of money leaving our community to further fuel the drug
cartels of Mexico. Marijuana is here to stay, nothing will ever send it away! Marijuana has been used for medicine by
people for over 5,000 years! (Do our administrators really believe these bans will magically make it go away?) So, you
can either allow American ci_zens to grow & produce their own Medical Marijuana, or you can elect to leave the
produc_on & distribu_on of Marijuana to the drug cartels of Mexico! Will our administrators support the American
growers of Marijuana, or will they throw their support to the Mexican growers of Marijuana. It's an "either-or"
situa_on. Another considera_on to ponder; the money I normally spend at my local Home Depot, Walmart, & Costco
for my cul_va_on tools, equipment & supplies will now be going south. Now mul_ply the amount I spend, _mes all
the Medical Marijuana pa_ents who were growing Medical Marijuana to support their own need as well as the needs
of others in this area. Banning all access to Medical Marijuana is a fool's mission that certainly has a much deeper &
darker impact on our community than our administrators will ever be able to fathom. I don't believe our
administrators have done their proper research into the full range of consequences that surround their immoral
decision to ban Medical Marijuana for those who benet from it.
00290Page 1 of 1

TAB 22
00291
Subject:
Date:
From:
To:
city council mee,ng

shawn223026@yahoo.com
mayor@fresno.gov
Contact Us
----------
Name: shawn hawkins
Address: 270 s Argyle ave unit 106
City: fresno
State: California
Zip: 93727
Phone: 559 270 5675
Email: shawn223026@yahoo.com
Fax:
Comments:
My name is Shawn Hawkins I am wri,ng to you today about the Fresno City Council Mee,ng Thursday at 8:30 am.I
moved here in Feb 2010 From Decatur Alabama,a small city in north Alabama.It is located in the heart of the bible
belt.I have never lived
from a church in my life untuil i moved to California.My Ethics are impeccable and my morals are in line with the
church.I can tell you that morallaly there is nothing wrong with the cul,va,on and use of marijuana for medical,or
even for recrea,onal use.
I have some major health issues that i treat with Medical marijuana. I have chronic pancrea,,s Which is Hereditary,
my sister also suers from this disease. Marijuana is used for pain associated with this disease i lost over 40 lbs total
from my healthy weight.My weight plummeted to 103 lbs and i managed to gain 27 lbs because of Medical
marijuana.My Dr. said the weight gain was remarkable. I am also a gangrene survivor part of my stomach had to be
removed because the ,ssue had died and became infected and ruptured.I had surgery to install a mesh to rebuild my
stomach.I was in a coma and they did lose me most of my organs shut down, but they got me back happy to say.
There were more complica,ons with the surgery that cause me pain because the surgery didn't heal properly.
I also have Scoliosis that also causes back and neck pain.If I s,ll lived in Alabama I would be in the same boat as my
sister Kerrie Hawkins Hill Of Decatur Alabama,in a boat full of holes and no life preserver.
Kerrie doesen't have legal access to Medical marijuana yet Her Dr. has her taking oxycon,n for the pain.I do fear that
she has become addicted to the medica,on.
The last ,me I saw her she weighed 92 lbs, the last ,me I ask her about her weight she weighed 80 lbs.I'm afraid to
ask her now, really scared for her.
Now I want to adresse the real issues. my health is an issue but I'm just one person. Here are the real issues:
It is morally and ethically wrong to block Medical marijuana from pa,ents who need it. There a currently (2)
California state laws concerning the use and cul,va,on of Medical marijuana California Proposi,on 215 (1996) and
California Senate Bill 420 (2004)
The joint Raids that occured with coopera,on of the Fresno County Sheri's Oce/DEA in October 2011, where
several grows and dispensaries were raided so were 3 residences. Their opera,ons deemed illegal. But they werent
for the most part most were in line with the state laws all of the
dispensaries have closed down, not because of the
local ordinance, but from the federal pressure. Those raids were a big big mistake on the part of the board of
supervisors.The DEA has completely changed it's stance on State licensed dispenceries.The Obama administra,on has
also changed it's views on Medical marijuana as
well.There will be no more joint raids here. the sheri Dept will not get anymore help from the DEA as long as state
laws are followed.They are on their own. Now the board of supervisors is at it again as if they had not done enough
damage yet.
Mexican drug cartels were more than happy to fuel the black market created by the loss of legi,mate Dispenceries
00292Page 1 of 2
Mexican drug cartels were more than happy to fuel the black market created by the loss of legi,mate Dispenceries
and collec,ves.
There are currently 7 dierent Mexican drug cartels that are ac,ve in the area They are running small labor camps in
our state parks most of the labor is traced here basically as slaves. since 9 11 2001 border security is ,ghter and
ports are ,ghter making it harder to smuggle in large quan,,es of marijuana
It is much esier for them just to cul,vate here.
the cartels have been ac,ve for Decades and have massive distribu,on abili,es The cartels also smuggle Firearms
and cocaine, heroin, and methamphetamine on U.S. streets our streets they also manufacture methamphetamine
and crack cocaine and they smuggle people into and out of mexico they trac humans as slaves for labor or other
purposes. Also Get ready for the infusion of new Mexican drug Cartel faces as soon as Washington State's Ini,a,ve
502 (I-502), goes into eect
00293Page 2 of 2

TAB 23
00294
Subject:
Date:
From:
To:
The last public hearing and vote before cannabis is banned in the City of Fresno
alomascola@gmail.com
mayor@fresno.gov
Contact Us
----------
Name: Andrea Lomascola
Address: 270 South Argyle Ave #106
City: Fresno
State: California
Zip: 93727
Phone: (559)270-5675
Email: alomascola@gmail.com
Fax:
Preferred Method of Contact: Email, Phone
Comments:
I am wriXng to ask you for compassion regarding the ban on cannabis. In 2001 I was diagnosed with mulXple sclerosis
and had an awful Xme dealing with all the prescribed pharmaceuXcals my doctors felt I needed. I eventually replaced
most of them with marijuana and no longer have to worry about the awful side eects that came with them. But now
there's new and even worse side eects: arrest and prosecuXon, nes and possible loss of property. I, along with my
friends with Americans for Safe Access, fought very hard to get the ID card program approved from the Board of
Supervisors and now we're being told that we're not going to be allowed to grow our medicine anymore. ProhibiXon
of alcohol was overturned and there's ABSOLUTELY NO medical uses of alcohol AND it causes MANY deaths each
year. Marijuana has NEVER been the direct cause of any deaths in ALL OF HISTORY. EVER. But that is now changing
with the drug cartels coming into our country taking advantage of the anXquated laws regarding marijuana. Let's take
the power from them and allow our ciXzens with medical needs the ability to take care of themselves without
contribuXng to the black market that is more than willing to provide them their medicine.
00295Page 1 of 1

TAB 24
00296
Subject:
Date:
From:
To:
medical marijuana
Susan Soares
ashley.swearengin@fresno.gov
Dear Mayor Swearengin,

Medical marijuana saved my life. I was a leader in the Mormon church and sustained an injury that leG me with a
migraine headache that lasted 2 years unHl I found cannabis. I had 3 small children that I was raising by myself. The
Compassionate Use Act was approved by an overwhelming majority of the voters. That was in 1996 but yet we see so
many ciHes and counHes taking away paHents rights to safe access of the medicine that makes their lives beRer and
sustainable. Now in 2014 marijuana is a hot topic and VERY popular with 53% of America and that includes some of
the most backwards areas of the US. Don't be on the wrong side if history. Veto the growing ban. It's your job to
protect those in your city that can't protect themselves and on top of that it's the popular thing to do.
Thank you for your Hme. Feel free to contact me anyHme.
Susan Soares
310.923.3857
Susan@JustSayCARE.org
www.JustSayCARE.org
00297Page 1 of 1

TAB 25
00298
Subject:
Date:
From:
To:
Marijuana commi,ee - county update

Louise Yenovkian
District7@fresno.gov
Hi Clint
Louise from old g here. I just read where you and Blong started a marijuana commi,ee. I wanted to let you know
that the County did this as well. I was on the commi,ee. We met for six months or so. Brenda Linder, med marijuana
paRents, Bernard Jimenez( from county public works), residence from outlining county ciRes, etc were all on the
commi,ee. We met several Rmes over 6 months to come up with a resolve. We did not and in the end the county
banned it because nobody wants it in residenRal areas.
Anyway. If you want info on what we did, call or email me. Also the county should have records if everything we did.
Just thought I would let you know.
Louise
Sent from my iPhone
00299Page 1 of 1

TAB 26
00300
Subject:
Date:
From:
To:
CC:
marijuana growing ban

Jonathan
Paul Caprioglio
Steve Brandau
I am very disappointed that the city council voted to ban the growing of marijuana in
the City of Fresno.
Yes, it would be nice if you could pass a law, and a problem goes away.
If you look at the history of the 18th ammendment to the Constitution, passing a law
did not prevent the manufacture, sale or distribution of alcohol drinks.
All the 18th ammendment did was to promote the growth of organized crime (the
Mafia) and local criminals.
The War on Drugs has been failing for 30 or 40 or more years.
Yes, there is a crime problem.
There are criminals who will rob and steal anything of value, including marijuana.
People will steal legal drugs sold at a pharmacy, yet you are not banning drug stores.
Convenience stores are regular victims of crime, but you are not outlawing
convenience stores.
There are criminals who will steal the gold chain from around you neck as you are
walking down the street!!
NO, I do not advocate driving or working while under the influence of marijuana, but
neither do I advocate driving under the influence of so many legal and doctor prescribed
drugs. Like Oxycontin.
And what about sick people who use marijuana as medicine.
Where do these individuals now get there medicine?
You are making otherwise honest citizens into criminals because growing their
medicine is now a criminal act.
Our courts are overworked and our jails are full, and yet all this law will do is create
more criminals.
I realize that marijuana growing and use is not a simple problem.
But passing a law against the growing of marijuana will not serve any problem,
As long as there is a demand, which there is, because so many use marijuana, and
the price of marijuana is so high because it is illegal, someone will supply the demand.
If not Fresno growers who at least contribute to the local economy, growers from other
areas in California will step in.
And if not growers from other parts of California, than criminal cartels from Mexico or
Columbia will be happy to take our money.
I've heard for many years that marijuana is California's largest cash crop, and you
think a Fresno City law will stop marijuana cultivation?
I hope that you are smart enough not to believe that.
Jonathan Zwickel
E. Bullard Ave - #208
00301Page 1 of 2
This email is free from viruses and malware because avast! AnMvirus protecMon is acMve.
00302Page 2 of 2
TAB 27
00303
City Council Agenda

Council President
Steve Brandau
Council members
Clinton J. Olivier
Oliver L. Baines Ill - Acting President

Lee Brand
Paul Caprioglio
Sal Quintero
Blong Xiong
City Manager
City Clerk
City Attorney
Bruce Rudd
Yvonne Spence, CMC
Douglas T. Sloan
The meeting room is accessible to the physically disabled. If you require specia! assistance to participate In the meeting, notify
the Office of the City Clerk at 559621R7650 at least three business days prior to the meeting. Please keep the doorways, aisles and
wheelchair seati~ areas open and accessible. lfyou need assistance with seating_ because of a disabili_!ll contact Securi.!l:
The City Council welcomes you to the Council Chambers, located in City Hall, 2"d Floor, 2600 Fresno Street, Fresno CA 93721.
March 20, 2014

1 :30 P.M. ROLL CALL
Invocation by Pastor Bill Chaney of the Valley Christian Center
Proclamation of "READING AND BEYOND DAY" - Mayor's Office & All Council members
The agenda and related staff reports are available on (www.fresno.gov) as well as in the
Office of the City Clerk. The Council meeting can also be heard live at the same web site
address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re
played beginning at 8:00 p.m.
PROCESS: For each matter considered by the Council there will first be a staff presentation
followed by a presentation from the involved individuals, if present. Testimony from those
in attendance will then be taken. All testimony will be limited to three minutes per person. If
you would like to speak fill out a Speaker Request Form available from the City Clerk's
Office and in the Council Chambers. The three lights on the podium next to the microphone
will indicate the amount of time remaining for the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow light
will come on with one minute remaining. The speaker should be completing the testimony
by the time the red light comes on and tones sound, indicating that time has expired. A
countdown of time remaining to speak is also displayed on the large screen behind the
Council dais.
March 20, 2014
*SUBJECT TO MAYOR'S VETO OR RECONSIDERATION
Page 1
ANO MAY BE AMENDED AT ANYTIME
00304
No documents shall be accepted for Council review unless they are submitted to the City
Cieri< at least 24 hours~ior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The City
Council may consider and act on an agenda item in any order it deems appropriate. Actual
timed items may be heard later but not before the time set on agenda. Persons interested in
an item listed on the agenda are advised to be present throughout the meeting to ensure
their presence when the item is called.
Approve Council minutes of February 27, 2014 and March 6, 2014
Action Taken:
Approve Successor Agency minutes of March 6, 2014
Action Taken:
Action Taken:
Approve Agenda
Action Taken:
Action Taken:
1.
!CONSENT CALENDAR!
All Consent Calendar items are considered to be routine and will be treated as one agenda
item. The Consent Calendar will be enacted by one motion. Public comment on the
Consent Calendar is limited to three (3) minutes per speaker. There will be no separate
discussion of these items unless requested by a Councilmember, in which event the item
will be removed from the Consent Calendar and will be considered as time allows.
A.
RESOLUTION - To approve the Final Map of Tract No. 5599, accepting dedicated public
uses therein except for dedications offered subject to City acceptance of developer
installed required improvements (east side of N. Polk Avenue between W. Gettysburg
Avenue and W. Shaw Avenue) (Property located in District 1) - Public Works
Department
Action Taken:
B.
Actions pertaining to the summary vacation of portions of San Joaquin, Broadway and
Calaveras Street (Property located in District 3) - Public Works Department
1.
Adopt the addendum to the Mitigated Negative Declaration prepared for
Environmental Assessment No. C-11-163/C-12-002fT-6015
Action Taken:
2.
RESOLUTION - Ordering the summary vacation of the northeast 4 feet of
Broadway Street between San Joaquin and Calaveras Streets, the southeast 4 feet
of San Joaquin Street northeast of Broadway Street, and the northwest 4 feet of
Calaveras Street northeast of the Broadway Street, and directing the City Manager
to execute on behalf of the City a Grant Deed in favor of the adjacent owner for the
vacated area
Action Taken:
March 20, 2014
Page2
AND MAY BE AMENDED AT ANYTIME
00305
1.
!CONSENT CALENDAR CONTINUEDJ
C.
Authorize the City of Fresno to enter into an agreement with the County of Fresno to
subsidize expenses related to the facilitation and negotiation of successor agreement to
American Avenue Landfill - Department of Public Utilities
Action Taken:
D.
Actions pertaining to Digesters 5 and 11 cleaning at the Fresno/Clovis Regional

Wastewater Reclamation Facility (Property located in District 3) - Department of Public
Utilities
1.
Adopt a finding of Class 1 Categorical Exemption, pursuant to Section 15301 (b)
(existing facilities) of the California Environmental Quality Act Guidelines
Action Taken:
2.
Award a $259,141 contract to JND Thomas Co., Inc., of Riverdale, California
Action Taken:
E.
Award a contract in the amount of $243,315 to D.H. Williams Construction, Incorporated,

to furnish and install a water traveling screen at the City of Fresno's Leaky Acres
Groundwater Recharge Facility located at 4111 N. Winery Avenue (Property located
in District 4) - Department of Public Utilities
1.
Adopt a finding of Categorical Exemptions pursuant to Sections 15301 (Existing
Facilities) and 15303 (New Construction or Conversion of Small Structures) of the
California Environmental Quality Act Guidelines
Action Taken:
2.
Award a contract in the amount of $243,315 to D.H. Williams Construction,
Incorporated, to furnish and install a water traveling screen at the City of
Fresno's Leaky Acres Groundwater Recharge Facility located at 4111 N. Winery
Avenue
Action Taken:
F.
Actions pertaining to the demolition of Building T-262 at Fresno Yosemite International

Airport (Property located in District 4) - Airports Department
1.
Adopt a finding of Categorical Exemption pursuant to Article 19, Section 15301
(1)(3)/Class 1 (Existing Facilities) of the California Environmental Quality Act (CEQA)
Guidelines for the demolition of Building T-262 at Fresno Yosemite International
Airport
Action Taken:
2.
Award a construction contract in the amount of $316,379.20 to American Integrated
Services, Inc., of Wilmington, California for the demolition of Building T-262 at
Fresno Yosemite International Airport (FAT)
Action Taken:
March 20, 2014
Page 3
00306
1.
!CONSENT CALENDAR CONTINUED!
G.
Actions pertaining to amending the Fresno Municipal Code relating to shopping carts
1. * BILL NO. B-15 - (Intro. 31612014) (For adoption) - Amending Article 31, Chapter 9
of the Fresno Municipal Code relating to abandoned shopping carts - Police
Department and Council President Brandau
Action Taken:
2. * BILL NO. B-16- (Intro. 31612014) (For adoption) -Amending Section 5-502 of the
Fresno Municipal Code relating to shopping carts in City parks - PAR CS and
Council President Brandau
Action Taken:
!CONTESTED CONSENT CALENDARj

2.
!GENERAL ADMINISTRATION!
A.
Actions pertaining to the Chestnut Avenue overlay project from Jensen Avenue to Union
Pacific Railroad (Property located in District 5) - Public Works Department
1.
Adopt finding of a Categorical Exemption per staff determination, pursuant to Class
1 Section 15301(c) of the CEQA guidelines, for the Chestnut Avenue overlay project
Action Taken:
2.
Award a construction contract to Dave Christian Construction Company Inc. of
Fresno, CA in the amount of $588,096.32 for the Chestnut Avenue overlay project
Action Taken:
B.
Actions pertaining to a lease agreement for hangar and ramp space at Fresno Yosemite
International Airport (Property located in District 4) - Airports Department
1.
Adopt a finding of Categorical Exemption pursuant to Article 19, Section15301 (a)
and (d) I Class 1 (Existing Facilities) of the California Environmental Quality Act
(CEQA) Guidelines to authorize Lease Amendment 9 with SkyWest Airlines Inc. at
Fresno Yosemite International Airport
Action Taken:
2.
Approve Lease Amendment No. 9 to the lease between the City and SkyWest
Airlines, Inc. related to leasehold boundary modifications at Fresno Yosemite
International Airport with no change in compensation (FAT)
Action Taken:
C.
Approve a consultant agreement in the amount of $360,534 with Provost and Pritchard
Engineering Group, Inc., a Fresno-based California corporation for design and
engineering services for FAX transit shelters and related amenities in the Courthouse
Park area - Department of Transportation (FAX)
Action Taken:
D. *
RESOLUTION - 3rd amendment to Position Authorization Resolution PAR No. 2013-99

adding fifteen (15) Bus Driver positions to the Department of Transportation (FAX)
Action Taken:
March 20, 2014
Page4
00307
2.
!GENERAL ADMINISTRATION CONTINUE[)j
Award a contract in the amount of $1,481,230 to Parsons Brinkerhoff, Inc. (PB) for a
revised FAX Q Bus Rapid Transit (BRT) project management services agreement Department of Transportation (FAX)
Action Taken:
E.
3.
!CITY COUNCIQ
4. jCLOSED SESSIONl
A.
CONFERENCE WITH LABOR NEGOTIATOR- Government Code Section 54957.6

City Negotiator(s): Jeffrey Cardell, Ken Phillips
Employee Organization(s):
1. City of Fresno Management Employees Association (CFMEA)
2. City of Fresno Professional Employees Association (CFPEA)
3. IUOE, Stationary Engineers, Local 39 (L39)
4. Fresno City Employees Association (FCEA)
5. Fresno Police Officers Association (FPOA Basic)
6. International Association of Firefighters, Local 753 (Fire Basic)
7. Amalgamated Transit Union, Local 1027 (ATU)
8. International Brotherhood of Electrical Workers, Local 100 (IBEW)
9. Fresno Police Officers Association (FPOA Management)
1 O. International Association of Firefighters, Local 753 (Fire Management)
11. Fresno Airport Public Safety Supervisors (FAPSS)
Action Taken:
B.

54956.8
Properties: APNs 418-261-22 (portion), 418-262-06 (portion), 418-262-09 (portion), 418261-21 (portion), 418-261-26 (portion), 418-262-02 (portion), 418-262-05 (portion), 418262-10 (portion), 418-262-12 (portion), 418-262-11 (portion), 418-262-08 (portion), 418261-19 (portion), 418-262-04 (portion)
Action Taken:
!SCHEDULED COUNCIL HEARINGS AND MATTERS!
3:00 P.M.
March 20, 2014
BILL - (For introduction) - Repealing Article 21 of Chapter 12 and adding Article 21

of Chapter 12 prohibiting cultivation of marijuana in all zone districts within the City Police Department
Action Taken:
Page 5
00308
SCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC
TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION - Members of the public may address the Council regarding
items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each
person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a
specified topic should contact the City Clerk's Office at least ten (10) days prior to the desired date.
Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report
and possible scheduling on a future Council agenda.
!UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTER!
Mar. 27 10:00A.M.
Mar. 27 10:30 A.M.
HEARING re: Rezone Application No. R-13-003 to rezone a parking lot for the SteriCycle facility on
West Swift Avenue
HEARING re: Community Facilities District No. 11, Annexation No. 53- Final Tract Map No. 6044
Apr. 3Apr. 10
Apr. 17
8:30A.M.
8:30A.M.
MEETING
MEETING
NO MEETING EASTER
Apr. 24-
10:00A.M.
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding
Community Facilltles District No. 9, Annexation No. 6
May 1"
May 8May 15
May 22
May 28
8:30A.M.
1:30 P.M.
8:30A.M.
June 5- 8:30A.M.
June 12
8:30 A.M.
June 19- 1:30 P.M.

June 26 8:30A.M.
MEETING
NO MEETING RECESS
MEETING
MEETING
NO MEETING- MEMORIAL DAY
MEETING
MEETING
MEETING
MEETING
i UPCOMING EMPLOYEE CEREMONIE$l

Apr. 9 - (Weds) 2:00 p.m.
8:30 a.m.
Apr. 24 July 31
8:30 a.m.
Oct. 2 8:30 a.m.
Oct. 22 - (Weds) 2:00 p.m.
March 20, 2014
:zo
Presentation of Employee Service Awards (Reception Immediately followingfloor foyer)

Employee of the Spring Quarter (Reception Immediately followingfloor foyer)
Employee of the Summer Quarter (Reception Immediately followingfloor foyer)
Employee of the Fall Quarter (Reception immediately following- Z'" floor foyer)
Presentation of Employee Service Awards (Reception Immediately following- i"' floor foyer)
:zo
:zo
Page6
00309
TAB 28
00310
City Council
genda
Council President
Steve Brandau
Council members
Clinton J. Olivier
Sal Quintero
Blong Xiong
Oliver L Baines Ill - Acting President

Lee Brand
Paul Caprioglio
City Manager
Bruce Rudd
City Clerk
City Attorney
Yvonne Spence, CMC
Douglas T. Sloan
The meeting room is accessible to the physically disabled. If you require special assistance to participate in the meeting, notify
the Office of the City Clerk at 559-621-7650 at least three business days prior to the meeting. Please keep the doorways, aisles and
wheelchair seati'.:!ilareas open and accessible. lf.19u need assistance with seati!la because of a disabili~ contact Security.
The City Council welcomes you to the Council Chambers, located in City Hall, 2 Floor, 2600 Fresno Street, Fresno CA 93721.
March 27, 2014

8:30 A.M. ROLL CALL
Invocation by Pastor Christopher Breedlove of the College Community Congregational Church
Proclamation of "CITY OF FRESNO RSVP VOLUNTEERS DAY" - Council President Brandau
The agenda and related staff reports are available on (www.fresno.gov) as well as in the
Office of the City Clerk. The Council meeting can also be heard live at the same web site
address, and viewed live on Comcast Channel 96 and AT&T Channel 99 from 8:30 a.m. and re
played beginning at 8:00 p.m.
PROCESS: For each matter considered by the Council there will first be a staff presentation
followed by a presentation from the involved individuals, if present. Testimony from those
in attendance will then be taken. All testimony will be limited to three minutes per person. If
you would like to speak fill out a Speaker Request Form available from the City Clerk's
Office and in the Council Chambers. The three lights on the podium next to the microphone
will indicate the amount of time remaining for the speaker.
The green light on the podium will be turned on when the speaker begins. The yellow light
will come on with one minute remaining. The speaker should be completing the testimony
by the time the red light comes on and tones sound, indicating that time has expired. A
countdown of time remaining to speak is also displayed on the large screen behind the
Council dais.
March 27, 2014
Page 1
00311
No documents shall be accepted for Council review unless they are submitted to the City
Clerk at least 24 hours_Q!'ior to the Council Agenda item being heard.
Following is a general schedule of items for Council consideration and action. The City
Council may consider and act on an agenda item in any order it deems appropriate. Actual
timed items may be heard later but not before the time set on agenda. Persons interested in
an item listed on the agenda are advised to be present throughout the meeting to ensure
their presence when the item is called.
Approve Council minutes of March 20, 2014
Action Taken:
Action Taken:
Approve Agenda
Action Taken:
Action Taken:
1.
!CONSENT CALENDARj
All Consent Calendar items are considered to be routine and will be treated as one agenda
item. The Consent Calendar will be enacted by one motion. Public comment on the
Consent Calendar is limited to three (3) minutes per speaker. There will be no separate
discussion of these items unless requested by a Councilmember, in which event the item
will be removed from the Consent Calendar and will be considered as time allows.
A.
Approve the appointment of Tracewell Hanrahan to the Fresno Regional Workforce

Investment Board - Council President Brandau
Action Taken:
B.
RESOLUTION - Of Intention to annex Assessor's Parcel Number 403-070-53, Parcel B of

Parcel Map No. 2001-01, Annexation No. 6, to City of Fresno Community Facilities District
No. 9 and authorize the levy of special taxes and setting the hearing for April 24, 2014 at
10:00 a.M. (northeast corner of N. Chestnut and E. Nees Avenues) (Property located in
District 6) - Public Works Department
Action Taken:
C.
Approve amendment to agreement with Provost and Pritchard Consulting Group of

Fresno, California for professional engineering services to design new sewer
infrastructure in the North Avenue industrial growth area for a net increase of $65,500
(Property located in District 3) - Department of Public Utilities
Action Taken:
March 27, 2014
Page2
00312
1.
!CONSENT CALENDAR CONTINUE[)j

D.
Approving the Final Maps of Tract No. 5770 and 5567 and accepting the dedicated public
uses offered therein (east side of N. Polk Avenue between W. Clinton and W. Shields
Avenues) (Property located in District 1) - Public Works Department
1.
RESOLUTION To approve the Final Map of Tract No. 5770, accepting dedicated
Action Taken:
2.
RESOLUTION - To approve the Final Map of Tract No. 5567, accepting dedicated
Action Taken:
E.
Actions relating to repealing Article 21 of Chapter 12 and adding Article 21 of Chapter 12

prohibiting cultivation of marijuana in all zone districts within the City - Police Department
Action Taken:
1.
Consider and adopt an environmental finding pursuant to CEQA Guidelines,
Section 15061(b)(3), that the project is exempt from CEQA as it can be seen with
certainty that there is no possibility that this project may have a significant effect on
the environment
Action Taken:
2. * BILL NO. B-17- (Intro. 312012014) (For adoption)- Repealing Article 21 of
Chapter 12 and adding Article 21 of Chapter 12 prohibiting cultivation of marijuana
in all zone districts within the City
Action Taken:
!CONTESTED CONSENT CALENDARj
2.
3.
!GENERAL ADMINISTRATIONl
A.
Approve a consultant agreement in the amount of $757,956 and a $72,362 contingency

with Stantec Consulting Services Incorporated, a New York Corporation of Fresno, CA for
the design of a new odor control system for the Headworks building located at the
Fresno/Clovis Regional Wastewater Reclamation Facility (Property located in District 3)
- Department of Public Utilities
Action Taken:
B.
WORKSHOP - Budget Update - Mayor/City Manager's Office
!CITY COUNCIY
March 27, 2014
Page 3
00313
4.
!CLOSED SESSIONj
A.

54956.8
Properties: APNs 418-261-22 (portion), 418-262-06 (portion), 418-262-09 (portion), 418261-21 (portion), 418-261-26 (portion), 418-262-02 (portion), 418-262-05 (portion). 418262-10 (portion), 418-262-12 (portion), 418-262-11(portion),418-262-08 (portion), 418261-19 (portion), 418-262-04 (portion)
Action Taken:
B.

54956.8
468-167-01T
Property:
Negotiating Parties:
City Manager Bruce Rudd
Under Negotiation:
Price and Terms of Payment
Action Taken:
jSCHEDULED COUNCIL HEARINGS AND MATTERS!

10:00 A.M.
March 27, 2014
HEARING to consider Rezone Application No. R-13-003 and related environmental

findings, filed by Stericycle Inc., for the property located on W. Swift Avenue, between
N. Golden State Blvd and State Highway Route 99 (Property located in District 1)Development and Resource Management Department
Action Taken:
a.
Consider and adopt the environmental finding of a Finding of Conformity with the
2025 Fresno General Plan MEIR and Air Quality MND prepared for
Environmental Assessment No. C-13-020/R-13-003
Action Taken:
b.
BILL - Amending the Official Zone Map to rezone the subject property from the
C-6/UGM (Heavy Commercial District/Urban Growth Management) zone district
to the C-M/UGM (Commercial & Light Manufacturing District/Urban Growth
Management) zone district
Action Taken:
Page4
00314
JSCHEDULED COUNCIL HEARINGS AND MATTER

10:30 A.M.
HEARING to adopt resolutions and ordinance to annex territory and levy a special
tax regarding Community Facilities District No. 11, Annexation No. 53 (Final Tract Map
No. 6044) (Property located in District 2) (northeast corner of N. Garfield and W.
Barstow Avenues) - Public Works Department
Action Taken:
a.
RESOLUTION- Annexing territory to Community Facilities District No. 11 and
authorizing the levy of a special tax
Action Taken:
b.
RESOLUTION - Calling a special mailed-ballot election
Action Taken:
c.
RESOLUTION - Declaring election results
Action Taken:
d. * BILL (For introduction of adoption)- Levying a special tax for the property
tax year 2013-2014 and future years with and relating to Community Facilities
District No. 11, Annexation No. 53
Action Taken:
SCHEDULED COMMUNICATION PLEASE NOTE: UNSCHEDULED COMMUNICATIONS IS NOT SCHEDULED FOR A SPECIFIC
TIME AND MAY BE HEARD ANY TIME DURING THE MEETING
UNSCHEDULED COMMUNICATION - Members of the public may address the Council regarding
items that are not listed on the agenda and within the subject matter jurisdiction of the Council. Each
person is limited to a three (3) minute presentation. Anyone wishing to be placed on an agenda for a
specified topic should contact the City Clerk's Office at least ten (10) days prior to the desired date.
Council action on unscheduled items, if any, shall be limited to referring the item to staff for a report
and possible scheduling on a future Council agenda.
!UPCOMING SCHEDULED COUNCIL HEARINGS AND MATTER
Apr.
Apr.
Apr.
Apr.
3- 10:00 A.M.
10 - 8:30A.M.
17 24- 10:00A.M.
May 1 May 8May 15 May 22May 28

June 5June 12 June 19June 26 -
8:30A.M.
1:30 P.M.
8:30A.M.
8:30A.M.
8:30A.M.
1:30 P.M.
8:30 A.M.
HEARING re: Rezone Application No. R-14-001 filed by Bulldog Recycling

MEETING
NO MEETING EASTER
HEARING to adopt resolutions and ordinance to annex territory and levy a special tax regarding
Community Facilities District No. 9, Annexation No. 6
MEETING
NO MEETING RECESS
MEETING
MEETING
NO MEETING- MEMORIAL DAY
MEETING
MEETING
MEETING
MEETING
IUPCOMING EMPLOYEE CEREMONIES!

Apr. 9 - (Weds) 2:00 p.m.
Apr. 24 8:30 a.m.
July 31 8:30 a.m.
Oct. 2 8:30 a.m.
Oct. 22 - (Weds) 2:00 p.m.
March 27, 2014
Presentation of Employee Service Awards (Reception immediately following- :t'" floor foyer)
Employee of the Spring Quarter (Reception immediately following- :t'" floor foyer)
Employee of the Summer Quarter (Reception immediately following- :t'" floor foyer)
Employee of the Fall Quarter (Reception immediately following-;;! floor foyer)
Presentation of Employee Service Awards (Reception immediately following- i'" floor foyer)
Page 5
00315

Fresno Cannabis CEQA Suit - Administrative Record

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TAB1

PLEASE POST FOR A FULL

36 DAYS (UNTIL 5 P.M. 5/1212014)

City of Fresno Development and Resource Management Department

TO:-X_ Fresno County Clerk

Ordinance Bill No. 2011f:-20 Prohibiting Marijuana Cultivation

Project Location- county: County of Fresno

Description of Nature, Purpose and Beneficiaries of Project:

Reasons why project is exempt:

Date: April 3, 2014

Printed Name & Tit/ : Sophia Pagoula os,

ervising Planner, for

Signed by Lead Agency

STATE OF CALIFORNIA- THE RESOURCES AGENCY

ENVIRONMENTAL FILING FEE CASH RECEIPT

Lea<l Agenei: CITY OF fR1lS~ 1 0

County Agency of Filing:

Document No: E2014 l 0000084

FRESNO COUNTY CLERK

ENVIRONMENTAL ASSESSMENT (EA) NO. 14-012 FOR CITY OF FRESNO ORDfNANCE

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone Number: (559) 621-8040

LOCAL PUBLIC AGENCY

Signature and title of person receiving payment:

Merchant IO: 621010294

Entrv l\itliid: SiiPed

BILL NO. _B_-_1-"'2_ _ _ _ _ __

AN ORDINANCE OF THE COUNCIL OF THE CITY OF

permitting, or otherwise allowing, any activity which is lawfully and constitutionally

SECTION 12-2101. PURPOSE. The purpose of this section is to prohibit the

environmental review pursuant to

Environmental Quality Act (CEQA), Guidelines Section 1506l(b)(3).

As used in this Article, the following

"City" shall mean the City of Fresno, California.

"Cultivation" shall mean the planting, growing, harvesting, drying

or processing of marijuana plants, or any parts thereof.

"Fully enclosed and secure structure" shall mean a space within a

building, greenhouse or other structure which has a complete roof enclosure

"Outdoor" shall mean any location that is not totally contained

"Person" shall mean any individual, group of two or more

individuals, collective as defined in the Compassionate Use Act, corporation,

PROHIBITED. No person owning, renting, leasing, occupying, or having charge or

A violation of this chapter shall be prosecuted by the City Attorney

Any property upon which a violation of this Article is found shall

be subject to immediate abatement by the City.

In addition to any administrative penalty assessed for a violation of

said provisions be declared unconstitutional, unlawful or otherwise invalid.

:Baines, Borgeas, Brand, Quintero, Westerlund, Xiong, Olivier

Council Override Vote: _ _ _ _ _ _ _ _N~/A~-----' 2012

YVONNE SPENCE, CMC

June 29, 2012

MAYOR ASHLEY SWEARENGIN

Council Adoption: 6/28/2012

TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO

Baines, Borgeas, Brand, Quintero, Westerlund, Xiong, Olivier

COUNCIL OVERRIDE ACTION:

BILL NO. B-17

Chief of Police, marijuana grows have been

Date Adopted: 03/27/2014

Ordinance No. 2014-20

voters of the State of California have

Furthermore, the Federal

The Controlled Substances Act contains no statutory exemption for the

Instead, the prohibition is anticipated to have positive effects on the

environment, including helping to reduce water consumption and to eliminate offensive