KELSEYVILLE, Calif. – The Board of Supervisors will hold a Tuesday evening hearing on a proposal to extend the county’s interim urgency ordinance on medical marijuana cultivation.
The hearing on the ordinance will begin at 6 p.m. Tuesday, Aug. 21, at the Kelseyville High School Activity Center, 5480 Main St. The meeting will not be televised live.
Board Chair Rob Brown said the meeting will begin at 4 p.m. and at 4:15 p.m. he will continue a previously noticed hearing on a pass-through fee on Mediacom customers to support PEG TV8, the county’s cable access television station. That hearing will be continued to 10:15 a.m. Tuesday, Aug. 28.
He then will adjourn the meeting until the 6 p.m. hearing on the interim urgency ordinance.
Following a daylong meeting held at the Lake County Fairgrounds on Monday, July 9, the board passed the temporary ordinance in a 4-1 vote, with Brown the dissenting vote.
The 45-day ordinance allowed a maximum of six plants to be grown outdoors on a half acre or less, 12 plants with a 75-foot setback on parcels of half an acre to one acre, 18 plants and a 150-foot setback on parcels one to five acres in size, 36 plants and a minimum 150 foot setback on five- to 40-acre parcels, and a maximum of 48 plants on parcels 40 acres and larger. In addition, there were screening requirements.
Within days of its passage, the ordinance was challenged in court by Don Merrill, then a member of the county’s medicinal marijuana advisory committee, and three other anonymous plaintiffs who claimed that the guidelines did not allow them to meet their medical needs. They were later granted a temporary restraining order limited to just them.
Last Friday, Judge David Herrick granted a preliminary injunction on the ordinance, protecting all grows that adhere to the California Compassionate Use Act guidelines for the remainder of the calendar year.
However, for the purposes of the preliminary injunction Herrick rejected Merrill’s allegation that the ordinance was unconstitutional, finding it was not an attempt to amend the Compassionate Use Act.
Herrick’s finding that the ordinance was not unconstitutional at the preliminary injunction stage left the door open for the board to extend the ordinance for an additional 22 months and 15 days, which is staff’s proposal, according to County Counsel Anita Grant.
Untimed items on the Tuesday agenda include consideration of Supervisor Denise Rushing’s proposed resolution declaring a local emergency due to the Wye and Walker fires, which were fully contained on Saturday.
The full agenda follows.
4 a.m., A-1 through A-3: Approval of consent agenda, which includes items that are expected to be routine and noncontroversial, and will be acted upon by the board at one time without discussion; presentation of animals available for adoption at Lake County Animal Care and Control; consideration of items not appearing on the posted agenda, and contract change orders for current construction projects.
4:05 a.m., A-4: Citizen's input. Any person may speak for three minutes about any subject of concern, provided that it is within the jurisdiction of the Board of Supervisors and is not already on the agenda. Prior to this time, speakers must fill out a slip giving name, address and subject (available in the clerk of the board’s office, first floor, courthouse).
4:15 p.m., A-5: Public hearing, continued from Nov. 8 and Dec. 13, 2011, consideration of proposed ordinance adding Article Seven to Chapter Seven of the Lake County Code to provide support for Public, Educational and Governmental (PEG) Cable Television Access Facilities. (THIS ITEM HAS BEEN CARRIED OVER ONE WEEK, TO AUGUST 28, 2012, AT 10:15 A.M.)
6 p.m., A-6: Public hearing, consideration of proposed interim ordinance extending an urgency measure prohibiting commercial medical marijuana cultivation and cultivation on vacant properties, and limiting outdoor cultivation amounts in the county.
A-7: Supervisors’ weekly calendar, travel and reports.
A-8: Consideration of appointments to the Mental Health Board.
A-9: Consideration of proposed resolution declaring a local emergency due to the Wye and Walker fires.
A-10: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney’s Association.
C-1: Approve Minutes of the Board of Supervisors meeting held on August 14, 2012.
C-2: Approve in concept the Classification and Compensation Committee Recommendations to increase the salary of the Health Services Nurse Practitioner/Physicians Assistant, Grade A34 (Entry step $36.5500) and establish a Child Support Information Systems Analyst I classification and make the Information Systems Analyst class series a flex series, per the memorandum from Human Resources, dated August 8, 2012, and authorize the Human Resources Director to begin the meet and
confer process necessary to implement the recommendations.
C-3: Adopt resolution amending Resolution No. 2011-124 to amend the FY 2011-12 Adopted Budget by adjusting reserves, fund balance carry over, revenues, and appropriations in Mental Health Fund No. 145.
C-4: Adopt resolution approving submission of FY 2012 Emergency Management Performance Grant (EMPG) application ($138,120 with 50% County match), and authorize the chair to sign grant assurances.
C-5: Adopt resolution amending Resolution No. 2012-71, establishing position allocations for Fiscal Year 2012-2013, Budget Unit No. 5011, Social Services.
LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
C-6: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-481-47 – Michael Zanoni and Lori Zanoni), and approve right of way agreement between the county of Lake and Michael Zanoni and Lori Zanoni for the construction of the wastewater force main sanitary sewer line, and authorize the chair to sign the agreement.
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