How to resolve AdBlock issue? Clearlake City Council directs staff to rework medical marijuana cultivation ordinance
CLEARLAKE, Calif. – The city of Clearlake is retooling a draft medical marijuana cultivation that failed to pass the city council in late spring, with a view to bringing the revised document back to the council for consideration.
At its meeting last Thursday, the Clearlake City Council gave administrative staff direction to make several changes to the draft ordinance, which is modeled on the cultivation ordinance adopted by the Lake County Board of Supervisors last summer.
“The council wanted to put something in place so there is a tool for both law enforcement and code enforcement to use on these grows,” City Manager Joan Phillipe told Lake County News.
Like the county ordinance, Clearlake's draft cultivation ordinance connects plant numbers to parcel size, allowing six plants on the smallest parcels of less than a half acre and as many as 48 plants on properties 40 acres or larger.
Processing of marijuana would be limited to the amount of plants that can be grown on a given parcel.
Grows on vacant parcels are prohibited. There also are screening and setback requirements, and prohibitions against growing in mobile home parks – unless the management has designated a specific garden area – and on multifamily or apartment properties.
Those key aspects largely will remain the same, according to the direction the council gave Phillipe last Thursday.
The city's marijuana cultivation document, produced by city staff and recommended to the council for passage by the Clearlake Planning Commission, received unanimous council approval of its first reading on May 23 but stalled during its second reading on June 13.
The document languished due to disagreements amongst council members over a proposal to include daycares in the public and private schools definition. The ordinance requires a distance of 600 feet from schools.
Planning commissioners had recommended adding daycares to the schools definition, which the council initially rejected at the urging of Mayor Jeri Spittler on May 23.
However, at the June 13 meeting the majority of council members wanted to add daycares back to the schools definition, leading to sharp disagreements between Spittler and her council colleagues that continued at last week's meeting.
The council majority ultimately decided to create a separate definition category for daycares rather than include them in the schools definition, Phillipe said.
As with schools, a 600-foot distance between grows and established daycares would be required, with a grandfathering clause to be added, she said.
Phillipe said the council last Thursday also directed staff to work in some minor language changes regarding parcel sizes suggested by Lower Lake attorney Ron Green.
She said the council ultimately decided against a suggestion by Council member Gina Fortino Dickson to increase the fines for noncompliant grows to a per-plant basis, ranging from $100 per plant on the first offense up to $1,000 per plant for repeat offenses.
The city already has established precedent for such higher fees in its tree ordinance, which allows for much higher fine amounts for removing protected trees, Phillipe explained.
However, Phillipe said the majority of the council wanted to stay for the first year with the county-based fine amounts of $100 for the first offense, $300 for the second and $500 or up to six months in jail – or both – for the third offense.
After the first year, the council would then review the ordinance to see if those fine amounts are sufficient, Phillipe said.
Phillipe said the council wants to keep its ordinance close to the county's in order to minimize the potential for litigation, noting that the county's ordinance already has had judicial review.
The county was sued over its ordinance last year. Judge David Herrick granted a stay of enforcement through the end of 2012 on qualified growers who were in compliance with state law and who had planted their crops before the supervisors' initial July 9 vote on the document.
However, the county's plant limits were upheld, and the suit was dropped earlier this year before it moved to a trial for a permanent injunction.
Phillipe said she and City Attorney Malathy Subramanian are going over the council's directions and the proposed amendments to the draft ordinance in order to bring it back for consideration.
She did not have an estimate on Monday of when the ordinance might return to the council for its next review.
Clearlake is the only remaining jurisdiction in the county that does not have a medical marijuana cultivation ordinance in place.
Last summer, the county approved the second reading of its ordinance, which is temporary and remains in effect until July 2014.
The Lakeport City Council in June gave final approval to its own cultivation ordinance, which prohibits outdoor grows – requiring that they be conducted in accessory outdoor structures – and handles noncompliance through an administrative citation process.
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Supervisors to discuss possible 2014 sales tax measure
LAKEPORT, Calif. – The Board of Supervisors this week will discuss a proposal to form a group to develop a sales tax measure – similar to one that went before voters last fall – to raise funds to benefit Clear Lake.
The meeting will begin at 9 a.m. Tuesday, Aug. 13, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. It will be broadcast live on TV8.
In an item timed for 10:20 a.m., the board will consider a request from Supervisor Anthony Farrington to form an advisory group to develop a plan to put a sales tax measure to benefit the lake on the June 2014 general election ballot.
Last year, the board placed Measure E on the November ballot. The half-cent sales tax measure for the unincorporated portion of the county would have raised an estimated $2.4 million annually for lake-related projects, including abatement of lake weeds and algae, and invasive mussels prevention efforts. However, it narrowly missed getting the needed 66 percent to pass.
Farrington, in a report to the board for Tuesday's meeting, noted that the measure did well considering its supporters had only eight weeks to rally support for it.
He's asking his board colleagues to consider forming an advisory board that would include representatives from other local governments and organizations.
That group, as envisioned by Farrington, would use Measure E as a starting point to develop an ordinance that, among other things, would develop adequate funding to address lake weeds and algae, invasive mussel prevention, wetland restoration, water quality and more.
By starting now, the campaign would have 10 months to prepare, rather than the eight weeks it did last year.
In other business on Tuesday, at 9:45 a.m. the board will hear a presentation on the Upper Lake School and Community Partnership Education Children and Family Center Plan, and consider options for county involvement in the Children and Family Center.
The full agenda follows.
TIMED ITEMS
9 a.m., A-1 to A-4: 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.
9:05 a.m.: 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).
9:15 a.m., A-5: Public hearing, consideration of appeal (AB 13-02) of the Lake County Planning Commission’s decision to deny the major use permit (UP 12-04) to allow retreat operation; and to deny minor use permit (MUP 12-22) to allow reduction in “WW” (Waterway Combining District) rear yard setback requirements; appellant is Andrzej Skwira; site located at 16235 Roberts Road, Middletown (APN 013-054-07).
9:45 a.m., A-6: (a) Presentation of Upper Lake School and Community Partnership Education Children and Family Center Plan; and (b) consideration of options for county involvement in the Children and Family Center.
10 a.m., A-7: Presentation of 2012 Crop Report.
10:10 a.m., A-8: Consideration of bid award for Landfill Gas Collection and Control (Bid 13-11).
10:20 a.m., A-9: Consideration of the formation of an advisory group to develop a plan and provide recommendations regarding the placement of a sales tax proposal in the June 2014 general election.
NONTIMED ITEMS
A-10: Supervisors’ weekly calendar, travel and reports.
A-11: Advanced from Aug. 6: Consideration of proposed ordinance which provides for a 1-percent fee on the cable operator’s gross revenue collected with the unincorporated areas of the county to provide funding for operations of the PEG channel; second reading.
A-12: Carried over from Aug. 6: Consideration of request to (a) waive the normal bidding process; (b) approve agreements between the county of Lake and Netsmart Technologies Inc. and Geneva Software Co. for systems software upgrade.
CLOSED SESSION
A-13: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, 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, Lake County Employees Association and Lake County Safety Employees Association.
A-13: 2. Conference with real property negotiator, (a) property located at: 3980 Gard St., Kelseyville (APN 024-081-01); (b) negotiating parties for county: Supervisor Rob Brown, Child Support Services Director Gail Woodworth, County Administrative Officer Matt Perry and Deputy County Administrative Officer Alan Flora; for seller, Kelseyville Unified School District representatives; (c) under negotiation, lease terms.
A-13: 3. Conference with legal counsel: Existing litigation pursuant to Government Code Section 54956.9(d)(1): City of Lakeport v. County of Lake, et al.
CONSENT AGENDA
C-1: (a) Approve minutes of the Board of Supervisors meeting held on Aug. 6; and (b) approve amended minutes of the Board of Supervisors meeting held on April 23, 2013.
C-2: Adopt resolution modifying the amount of matching funds for the United States Department of Agriculture’s Rural Development Community Facilities Program Grant for computer equipment, audiovisual materials and books at the Redbud Library.
C-3: Adopt resolution approving submission of application for Homeland Security Grant Program (HSGP) ($109,917) for fiscal year 2013 and authorize the chair to sign grant assurances.
C-4: Adopt resolution approving submission of application for Emergency Management Performance Grant (EMPG) ($138,135, with 50 percent county match) for fiscal year 2013, and authorize the chair to sign grant assurances.
C-5: Approve agreement between county of Lake and Davis Guest Home for FY 2013 residential support services, maximum amount of $20,000, and authorize the chair to sign.
C-6: Approve agreement between county of Lake and Women’s Recovery Services, for FY 2013-14 residential addiction services (AODS), maximum amount of $40,000, and authorize the chair to sign.
C-7: (a) Approve Budget Transfer B-007 for BU 1671 - Buildings & Grounds in the amount of $25,000 from Object Code 18.00 – Building Maintenance to Object Code 61.60 - Current Buildings & Improvements, for the repair of the wheelchair lift at the Lower Lake Museum, and authorize the chair to sign; and (b) authorize the Public Services director/assistant purchasing agent to issue a purchase order to Dream Ride Elevator, in the amount of $25,000, for wheelchair lift repair.
C-8: Approve third amendment to lease agreement between the county of Lake and New Cingular Wireless PCS LLC, extending the term for three consecutive five year periods and adjusting the rent, and authorize the chair to sign the lease agreement and the memorandum of the third amendment to the lease agreement.
C-9: Approve Easement Deed to Pacific Gas & Electric (PG&E) for a portion of APN 010-153-52 , 7175 South Center Drive, Clearlake, for a service extension to St. Helena Hospital Clear Lake (Adventist Health), and authorize the chair to sign.
LAKE COUNTY LOCAL BOARD OF EQUALIZATION
C-10: (a) Accept stipulation change in assessment for Westwind MH Resort, LLC A CA LLC (APN 009-018-180-000) for a change in the value of Land from $33,291 to $25,000, for the 2011 tax year; (b) accept stipulation change in assessment for Westwind MH Resort, LLC A CA LLC (APN 009-018-210-000) for a change in the value of Land from $585,951 to $525,000, and improvements from $1,078,682 to $940,000, for a change in total value from $1,664,633 to $1,465,000, for the 2011 tax year; and (c) accept stipulation change in assessment for Westwind MH Resort, LLC A CA LLC (APN 043-320-050-000) for a change in the value of Land from $160,914 to $135,000, and improvements from $27,743 to $25,000, for a change in total value from $188,657 to $160,000, for the 2011 tax year.
LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
C-11: Approve bid document for Bid #SD 13-16 for biosolids sludge removal at the Southeast Regional Wastewater Treatment Plan, and authorize the Special Districts Administrator/assistant purchasing agent to advertise for bids.
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Clearlake City Council gives final approval to sales tax measure for fall ballot
CLEARLAKE, Calif. – The Clearlake City Council gave its final approval on Thursday evening to a proposal to put a 1-percent sales tax measure before city voters this November.
The 4-1 vote – with Mayor Jeri Spittler the lone dissenting vote – approved placing the measure before voters a year after Measure G, also a 1-percent sales tax measure, narrowly missed receiving the 66-percent supermajority it needed.
Like Measure G, the new sales tax measure would raise an estimated $1.4 million annually, with 75 percent – or $1,050,000 – to go for road maintenance and the remaining 25 percent, or $357,000, to be used for reestablishing code enforcements services, city officials reported.
The city said the state Board of Equalization would administer the funds, and would require that the money raised by the measure only be spent as specified in the spending plan.
The spending plan for the measure states that the city has an estimated $17 million in deferred maintenance for its streets, which currently have a pavement rating of 38, which is in the poor category.
Clearlake is spending a total of $40,000 annually for street maintenance and repair. The spending plan explains that, “At that funding level, the City can only patch the chuckholes and re-grade the gravel roads. Current funding does not allow for any major street repair or reconstruction.”
On Friday, Clearlake City Clerk Melissa Swanson submitted a letter and several documents to the Lake County Board of Supervisors, asking that the board authorize consolidating election services for the city for the Nov. 5 general district election.
The request, Swanson noted, is for the purpose of submitting the measure to voters, as well as authorizing Registrar of Voters Diane Fridley to prepare the official canvass of votes cast.
Along with a letter, Swanson sent the county the city's spending plan for revenue from the measure, as well as the ordinance placing the measure on the November ballot and the city's resolution to seek the election consolidation.
The deadline for submitting the documents was Friday, according to city officials.
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Supervisors approve education services MOU with Marymount, policy for employee scholarships
LAKEPORT, Calif. – The Board of Supervisors on Tuesday gave approval to an agreement with Marymount California University that would allow county employees to take classes at reduced rates.
In addition, the board voted for a policy to give scholarships to employees pursuing professional development classes at the university, which is opening its doors to students this fall at its new campus, located at the historic Lucerne Hotel.
County Administrative Officer Matt Perry presented the memorandum of understanding and the policy to the supervisors at the Tuesday morning meeting.
He said the county has a strong interest in seeing Marymount succeed, noting the county has made a large investment in the college property. “We’d like to continue our investment and receive some benefit.”
The county’s workforce also can benefit from the coursework that will be available at Marymount, he said.
Marymount currently is in the process of receiving accreditation for the campus. Once the university receives its accreditation, employees can apply for and receive course credits, he said.
County employees will be able to take courses at the noncredit rate of $250 per unit, and they can use those units in pursuing undergraduate or graduate degrees, he said.
Perry said Marymount is working to develop business, law enforcement and health courses to meet the needs of local employers.
“The only responsibility of the county is that we would help recruit students to attend the university,” he said of the requirements listed in the agreement.
Perry said he’s not identified any costs to the county that would result from the agreement. If future costs do arise, he said the document gives him the authority to amend it.
He also presented a policy to provide scholarships to county employees to attend Marymount.
This new policy would not replace a policy implemented several years ago for tuition reimbursement for county employees, Perry said.
He said the scholarship policy would pay $250 per unit, up to $750, and would require an application and review process.
Perry said he had some money put aside in the general fund and also planned to ask various departments to identify funds to help support the scholarship.
The policy would require employees to pay for books and fees, and to take courses on their own time, Perry said.
In addition, it would require that employees continue working for the county for a specific period of time – six weeks per unit – or else reimburse the county for the scholarship, Perry said.
The board was unanimous in its support.
“I think this is a great program,” said Supervisor Rob Brown, adding that it’s a great benefit to employees.
Supervisor Denise Rushing moved to approve both the memorandum of understanding and the policy, with both receiving 5-0 votes.
Board Chair Jeff Smith said the agreement and policy were an excellent way to help Marymount hit the ground running.
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Council to hold second reading on proposed sales tax measure, continue marijuana ordinance discussion
LAKE COUNTY, Calif. – The Clearlake City Council is set this week to hold a second reading of a proposed sales tax measure for improving roads and code enforcement, and also will return to its consideration of how to approach a marijuana cultivation ordinance for the city.
The meeting will begin at 6 p.m. Thursday, Aug. 8, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.
Following its initial approval at its last meeting, the council will hold the second reading of a proposed one-percent sales tax measure to raise funds to improve code enforcement services and bolster road improvements in the city.
The measure – which is almost identical to Measure G, which was put before voters last fall – would go on the ballot this November if it’s approved.
In other business, the council is set to discuss questions about a proposed marijuana cultivation ordinance raised at the June 13 meeting and give direction to city staff on how to proceed.
The ordinance had failed to get the council’s approval at its second reading. Since then, city officials have been researching questions that arose in June, including whether fine amounts can be increased for noncompliance, whether frequently offending properties can be “red flagged,” and an issue of reinstating “daycare” to the definitions of schools, according to City Manager Joan Phillipe’s memo.
On Thursday the council also will consider a resolution concurring with the terms, conditions and obligations of the grant agreement between the city and the Redbud Health Care District in the amount of $5,200, and authorize Phillipe and Public Works Director Doug Herren to sign it.
In addition, the council will discuss approval of the disencumberment of the Highlands Park improvement grant funding.
Also on Thursday, Clearlake Police Chief Craig Clausen will introduce new police officers and Conrad Colbrandt, president of the Redbud Health Care District, will give a presentation of a special commendation to members of the Clearlake Police Department.
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