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Clearlake City Council approves first reading of proposed ordinance banning marijuana cultivation
CLEARLAKE, Calif. – At what is believed to be its longest meeting in more than a decade, the Clearlake City Council on Thursday night voted to approve the first reading of a strict ordinance that would ban all marijuana growing in the city.
After five hours of discussion and public comment, the vote was 4-1, with Bruno Sabatier – one of the newest council members – the lone dissenter.
More than 220 people packed the Clearlake Senior Community Center on Bowers Avenue, where city officials had moved the meeting, expecting a larger crowd than the council chambers at city hall could accommodate.
During the meeting, the council heard about three hours of public comment, with community members each given two minutes to speak.
Crafted by City Attorney Ryan Jones, the 13-page ordinance prohibits all marijuana cultivation – indoor, outdoor, medicinal or otherwise, by individuals, collectives or dispensaries – in any part of the city.
That makes it a more strict ordinance than the city of Lakeport's – which went into effect in July 2013, bans outdoor grows but allows grows within special accessory structures – and the county's Ordinance No. 2997, passed last June as Measure N. It bans outdoor cultivation in community growth boundaries but allows for grows on parcels larger than one acre outside of neighborhoods as well as indoor grows of less than 100 square feet.
The city of Clearlake's new proposed ordinance would override one that went into effect in January 2014 and was modeled on a previous county ordinance.
The city's current ordinance prohibits commercial grows and grows on vacant lots, and limits the number of plants to six on parcels smaller than a half acre and as many as 48 plants on properties 40 acres or larger.
Sabatier offered an alternative ordinance on Thursday night that would have allowed up to three plants.
However, his fellow council members chose to accept Jones’ version instead.
Councilman Russ Perdock said the city’s looser restrictions drew people to Clearlake to grow marijuana, leading to the current situation.
He said the city needs to start anew. “We need a safe city.”
Councilwoman Gina Fortino Dickson said neighbors needed to work together and communicate.
“At this point we have to take our city back,” and not allow large growers and cartels to abuse the community, she said.
She added, “Right now, I feel like we need to do something drastic.”
The proposed ordinance now will head to a second and final vote at the council's Feb. 26 meeting.
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021214 Clearlake City Council - Proposed ordinance to ban marijuana cultivation by LakeCoNews
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Lakeport City Council approves agreement to repay general fund for police headquarters building costs
LAKEPORT, Calif. – With the city of Lakeport hoping to finalize escrow this month on a new police department headquarters building, the Lakeport City Council last week took action to reimburse the general fund for expenditures for the project.
At the council's Feb. 3 meeting, city Finance Director Dan Buffalo presented the resolution of intention to reimburse certain general fund expenses related to the purchase and upgrades to the building, located 2025 S. Main St.
The city has entered into a purchase agreement with owner Jean Howe of Santa Rosa to buy the building for $875,000, as Lake County News has reported.
The building, constructed in 2002, formerly housed the Social Security Administration. It's just under 4,400 square feet, making it almost 1,400 square feet larger than the Lakeport Police Department's current building at 916 N. Forbes St., where it has been since July 1999.
The council unanimously approved the resolution to reimburses the costs.
Buffalo told Lake County News in a followup interview that the city is pursuing US Department of Agriculture Rural Development community facilities loan funds to help finance the new police headquarters building purchase.
“The premise that we're working on now is that the general fund will pay for it upfront and will be reimbursed by long-term funding by the USDA source,” he said.
The resolution the council approved Feb. 3 was a legal requirement that the city's bond counsel advised needed to be done, Buffalo said.
Buffalo said that, altogether, the resolution covered an estimated $1,085,000 in expenses.
That includes the purchase price, along with $20,000 for engineering and architectural work required by the USDA, $125,000 for construction costs and $20,000 for contingencies.
Buffalo added that he believes the construction expense should come out far less than the $125,000 that it's estimated to cost. “We wanted to cover our bases.”
The city, he added, is still awaiting some estimates from contractors on those construction costs, which will include building modifications such as putting up interior walls.
Buffalo said city officials have had conversations with the USDA about qualifying for the program, and the city was assured – both by the USDA and a consultant – that it was a good applicant.
He said the city is now in the application process and working to fulfill a number of requirements while waiting for a final letter saying whether or not it will be considered for the loan.
In the process, he said, the USDA usually offers approval based on completion of several steps.
As a result, the city is confident in its chances to receive the loan funds, he said.
The 90-day escrow on the building began in the latter half of November, which means it's expected to close later this month.
City Manager Margaret Silveira told Lake County News that she believes the escrow should close on time.
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Rosenthal announces plans to run for District 1 Board of Supervisors seat
MIDDLETOWN, Calif. – Former District 1 Planning Commissioner Monica Rosenthal has announced her candidacy for the county supervisorial seat currently held by Jim Comstock, who is retiring in 2016.
“South Lake County is facing important decisions to strengthen our local economy and protect the small town quality of life and the unique diversity of our community,” said Rosenthal. “My experience, commitment and connections locally, countywide and regionally will enable me to successfully address both the needs and opportunities for the people of the First District.”
Rosenthal said she's dedicated to preserving the county's rural lifestyle and environment. “That is why I led the fight to protect our communities from inappropriate land development and stop the rampant spread of commercial marijuana grows. As our next supervisor, I will bring a balanced approach to land use that supports our vital farming and tourism industries while attracting quality new businesses to South Lake County.”
Another of Rosenthal's priorities is providing a safe and stable community. “I have a good working relationship with our new sheriff and, as supervisor, I will make sure that South Lake County receives the highest level of law enforcement services possible.”
She added, “Within our communities, it is very important to engage and empower people. From our youth to our seniors, dignity and respect is vital. Sound educational opportunities and involvement in sports, exercise and the arts along with access to support services and transportation is critical for thriving communities.”
A Middletown resident for two decades, Rosenthal and her husband Dave have raised two children in Lake County, farm winegrapes, and own and operate a small business.
She served as the District 1 representative on the Lake County Planning Commission from 2007 to 2009; represented District 1 on the Lake County Farm Bureau Board of Directors for the past five years; and is currently serving her second term appointed by the Board of Supervisors to the Napa/Lake Work Force Investment Board to promote employment training and job opportunities in Lake County.
Rosenthal is a member of several local community organizations including the Middletown Fire Sirens, Middletown Merchants and the Middletown Area Town Hall.
She has served on the Lake County Tourism Board and actively supports the efforts of the Lake County Economic Development Committee.
Rosenthal also is a member of the Lake County Sierra Group, Lake County Land Trust and the Lake County Chamber of Commerce.
So far, Rosenthal already has received several endorsements from well-known community members.
“With her meaningful decisions, knowledge and the abilities, I trust that Monica will actively drive sustainable business and tourism in Lake County,” said LaDonn Morgan Garcia, business owner and Hidden Valley Lake resident.
“Monica Rosenthal will be an effective voice for common sense leadership on the County Board of Supervisors,” said former Lake County Farm Bureau Executive Director Chuck March. “She has a good solid understanding of the land use policies; she has my enthusiastic endorsement.”
“I'm proud to endorse Monica Rosenthal,” said retired District 1 Supervisor Ed Robey. “She has the community leadership and planning background to serve us with distinction on the County Board of Supervisors.”
“Monica has the ability to work well with all sides on the issues while maintaining her focus on making the right decision for Lake County residents,” noted Supervisor Rob Brown in endorsing her candidacy. “That ability will make her an excellent county supervisor.”
Other South County community leaders endorsing Rosenthal's candidacy include Six Sigma winery owner Kaj Ahlmann; Middletown resident Ken Gonzales; and Realtor Rick Hamilton.
“My campaign is off to a tremendous start and I’m truly humbled by the broad base of community support that my candidacy for supervisor is receiving,” said Rosenthal. “We will be announcing a campaign kickoff event in the very near future.”
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Clearlake City Council to hold first reading of proposed ordinance to ban marijuana cultivation
CLEARLAKE, Calif. – This week the Clearlake City Council will introduce and hold the first reading of a proposed ordinance that would ban all marijuana cultivation in the city.
The meeting will take place beginning at 6 p.m. Thursday, Feb. 12, at the Clearlake Senior Community Center, 3245 Bowers Ave.
City officials moved the meeting from city hall to the larger venue in anticipation of a big crowd.
At its Jan. 22 meeting, the council directed staff to draft the new ordinance prohibiting marijuana growing, as Lake County News has reported.
City officials and council members agreed to move forward on the proposal, citing issues including crime, health concerns due to the use of chemicals, and the cost to the city for police services and code enforcement.
The proposed 13-page ordinance, which can be seen below, prohibits all marijuana cultivation “by any person, including primary caregivers and qualified patients, collectives, cooperatives or dispensaries, is prohibited in all zone districts within the City,” and declares medical marijuana cultivation a public nuisance.
It cites appellate court rulings that found that California's 1996 Compassionate Use Act “does not confer a right to cultivate marijuana,” and which uphold the city's right to regulate permissible land uses.
If passed, the ordinance would give anyone legally cultivating marijuana prior to its effective date 30 days to harvest their crop. After that grace period, all provisions for abatement would be “immediately enforceable.”
Penalties for violations include misdemeanors, administrative citations and penalties, abatements and collection of city expense.
“Violators shall be subject to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess,” the proposed ordinance states.
If the first reading is approved, the second and final reading will be scheduled for the council's Feb. 26 meeting.
Also on Thursday, the council will hear an update on the emergency declaration put in place in December in response to a severe storm and flooding, and vote on whether or not to keep the emergency in place.
In other business, council members will consider a letter to new state Sen. Mike McGuire regarding the city's priority issues.
On the meeting's consent agenda – items considered noncontroversial and usually accepted as a slate on one vote – are warrant registers; Jan. 22 meeting minutes; consideration of a resolution approving the extension of the Clearlake Municipal Employee Association MOU; review and consideration of the submittal of the recognized obligation payments schedule 15-15 A for July to December 31, 2015, for the oversight board for the city's former redevelopment agency; a report on the League of California Cities dues for 2015; and consideration of an award for $23,480 to Walberg Inc. for asbestos and lead removal and garage demolition at the Highlands Park Visitor Center.
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021214 Clearlake City Council - Proposed ordinance to ban marijuana cultivation by LakeCoNews
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