LAKEPORT, Calif. – The Board of Supervisors this week will consider giving updated direction to county staff regarding the enforcement of Measure N, the county ordinance approved by voters in June that established medical marijuana cultivation rules.
The board will meet beginning at 9 a.m. Tuesday, Aug. 19, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live, with the archived video to be available online at http://www.co.lake.ca.us/Government/Boards/Board_of_Supervisors/calendar.htm .
The discussion, set for 9:35 a.m., comes in the wake of reports of sheriff's personnel making sweeps through a number of communities – in particular, Spring Valley – to eradicate marijuana grows of all sizes.
Board Chair Denise Rushing has placed the Measure N discussion on Tuesday's agenda.
“I have received a number of calls from residents of Spring Valley this week regarding the enforcement of the current marijuana cultivation ordinance (Measure N),” she said in her Aug. 14 memo to fellow board members and staff.
Last December, the Board of Supervisors unanimously passed Ordinance No. 2997, which after a successful referendum earlier this year became Measure N on the June ballot.
Voters passed the measure, 51.6 to 48.4 percent, on June 3.
The Board of Supervisors certified the final election results on July 1. Measure N became law on July 11; according to state election law, such measures go into effect 10 days after the certification of the final election results, as Lake County News has reported.
Among Measure N's main provisions is a ban on outdoor cultivation in community growth boundaries and on vacant parcels, a limit of six mature or 12 immature plants on parcels larger than one acre outside of community growth boundaries, a limit of 100 square feet or less for indoor grows, and a requirement that cultivation not take place within 1,000 feet from schools, parks or other facilities serving children, and 100 feet from water bodies.
The measure also has a quicker abatement process by making the Lake County Sheriff's Office responsible for enforcement.
Rushing said she was placing the Measure N discussion on the board agenda so the supervisors “can clarify its intent and receive an update from departments involved in these code enforcement activities.”
She is asking for a report from Community Development and other county departments involved in ensuring compliance with Measure N, including the status and processes for current marijuana cultivation ordinance enforcement, “particularly around summary abatement processes and procedures.”
Community Development Director Rick Coel confirmed to Lake County News that the sheriff's office is enforcing Measure N, and that his staff only gets involved in cases where there are health and safety violations or unpermitted grading.
In particular, Coel said Community Development Building Division staff were called out to inspect and red tag “some egregious violations such as dangerous electrical wiring, unpermitted shacks with growers occupying them, and some homes that have been trashed to the extent that they are unsafe to occupy.”
The Lake County Sheriff's Office has not responded to a California Public Records Act request submitted by Lake County News for details about how many eradications have taken place and how many plants have been seized as part of the agency’s Measure N enforcements.
The full agenda follows.
CONSENT AGENDA
7.1: Adopt resolution amending Resolution No. 2013-95 to amend the budget for fy 2013-14 by making various adjustments to Budget Unit 2101- Trial Courts.
7.2: Adopt proclamation designating the month of August as Child Support Awareness Month.
7.3: Approve agreement between the county of Lake and San Sousee for adult residential support for FY 2014-15, in the amount of $100,000, and authorize the chair to sign.
7.4: Approve contract between the county of Lake and Lake Family Resource Center for Cal-Learn Teen Parenting Services for FY 2014-15, in the amount to be determined by State formula, and authorize the chair to sign.
7.5: Approve advance step hiring at fifth step for Public Health Nurse II Trainee due to exceptional qualifications.
7.6: Sitting as the Board of Directors of the Lake County Watershed Protection District – approve amendment three to the funding agreement between the California Department of Water Resources and the Lake County Watershed Protection District, under the Flood Protection Corridor Program, SAP Contract No. 4600003318, and authorize the chair to sign.
TIMED ITEMS
8.2, 9:10 a.m.: Presentation of proclamation designating the month of August as Child Support Awareness Month.
8.3, 9:15 a.m.: Continued from Aug. 5, review of Harbor House Coffee kiosk water supply compliance and consideration of board action and response.
8.4, 9:25 a.m.: Continued from Aug. 12, consideration of letter of opposition for SB1139 (Hueso) - California Renewables Portfolio Standard Program.
8.5, 9:35 a.m.: Consideration of direction to county staff regarding enforcement of marijuana cultivation ordinance (Measure N).
CLOSED SESSION
10.1: Conference with Labor Negotiator: (a) county negotiators: A. Grant, S. Harry, M. Perry, A. Flora and C. Shaver; and (b) employee organizations, Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association and Lake County Safety Employees Association.
10.2: Conference with legal counsel: Existing litigation pursuant to Gov. Code Section 54956.9(d)(1): Lakeside Heights HOA, et al. v. County of Lake.
10.3: Public employee appointment pursuant to Gov. Code Section 54957(b)(1): Interviews and appointment of interim Behavioral Health director.
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