CLEARLAKE, Calif. – The Clearlake City Council this week will determine what actions to take next in response to a referendum challenging an ordinance passed in February to ban all marijuana growing in the city.
The council will meet at 5:30 p.m. Thursday, May 14, in closed session to discuss litigation and the selection of the next city manager before convening in public session at 6 p.m. in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
The referendum challenges Ordinance No. 173-2015, which the council passed Feb. 26 to ban all marijuana cultivation.
The report to the council from City Clerk Melissa Swanson said a total of 1,217 signatures were submitted, with the signature verification handled by the Lake County Registrar of Voters Office. Of those, 635 were found to be sufficient – just five more than was required.
Because the referendum has qualified, the council must either repeal the ordinance, place it before voters at the next regular municipal election on Nov. 8, 2016, or schedule a special election, Swanson explained in her report.
Based on an estimate from the Registrar of Voters Office, Swanson said a special election could cost the city up to $30,000.
One alternative is to schedule a special election that coincides with the next general district election on Nov. 3, which could result in a share-of-cost with other districts, thus a lower overall expense for the city, according to Swanson’s report.
However, Swanson said it won’t be until the nomination period closes Aug. 12 before it will be known if there will be an actual voting election this November.
The second option is to schedule a “stand-alone” special election on a Tuesday this November other than Nov. 3. The third option is to place it on the ballot during the November 2016 municipal election.
If the council decides to place the ordinance before voters, it would not go into effect unless a majority of voters support it, Swanson said.
Swanson's report said if the council chooses to rescind the ordinance or if it goes before voters and fails, the city can't enact the same ordinance for a year after the date of its repeal or disapproval by voters.
As part of the discussion, the council also will consider giving staff direction on existing city marijuana regulations.
In other business, the council will discuss possibly participating in the Lower Lake Daze Parade on May 24; get a report on the proposed grant application for the Burns Valley School and Civic Center Pedestrian Sidewalk Project and a request for an allocation of matching Series A bond funds not to exceed $200,000; and consider adopting a resolution authorizing the award of a bid for $43,800 to R and C Construction for an auxiliary employee entrance and expansion of the evidence storage room.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are warrant registers; minutes of the meetings on March 18, March 26, April 9, April 16, April 23 and May 7; Local Agency Formation Commission proposed fiscal year 2015-16 budget and public member recruitment; consideration of acceptance of property at 15085 Lakeview Ave.; consideration of signators for 14-CDBG-9879 Community Development Block Grant, Resolution No. 2015-10; request to schedule budget workshops at 6 p.m. May 21 and June 6; consideration of Resolution No. 2015-12, authorizing the temporary closure of a portion of Golf Avenue between Lakeshore Drive and Ballpark Avenue for the purpose conducting the Lake County Youth Services Youth Fest 2015; and acceptance of the quarterly reports from the Clearlake Police Department, and finance, city clerk, and public works and engineering department reports.
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