Supervisors to discuss extending temporary moratorium on new medical marijuana dispensaries

LAKEPORT, Calif. – A proposed extension to the county's temporary moratorium on the establishment of new medical marijuana dispensaries and collectives, as well as appeals of planning commission decisions relating to a local campground and motel will go before the board this Tuesday.


The board meeting will begin at 9 a.m. Tuesday, Sept. 14, in the board chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.


At 11:45 a.m., the board will consider extending to Sept. 11, 2011, a temporary moratorium on the establishment of new medical marijuana dispensaries, as well as a hold on any enforcement action against existing medical marijuana dispensaries in the county.


The board had originally accepted a similar interim urgency ordinance on Sept. 15, 2009, and extended it on Oct. 27, 2009, as Lake County News has reported.


No enforcement actions are to be taken against collectives and dispensaries that already were open by the time of the ordinance's first acceptance last year, according to county documents.


Since last year county planning staff has been working on proposed ordinances to cover medical marijuana dispensing and cultivation, and the board decided to implement the temporary moratorium to give planning staff a chance to complete those documents before more of the establishments were created.


Final versions of those documents have not yet been presented to the board, which held half a day of discussions and public hearings on the draft documents in April.


The language of the proposed moratorium notes that Proposition 19, which will be on the Nov. 2 ballot and seeks to legalize marijuana across the state, “may drastically alter the planning and land use issues associated with medical marijuana dispensaries.”


In other planning-related board action on Tuesday, supervisors will hear two appeals concerning local hospitality-based businesses.


At 10:30 a.m., a public hearing will be held on the Lake County Planning Commission's denial of an administrative appeal on a notice of violation issued Sept. 3, 2009, on U Wanna Camp, owned by Houser Holdings CA LLC.


The matter involves long-term occupancy of RV spaces on a site with an expired use permit. The site is located at 2699 Scotts Creek Road, Lakeport.


At 1:30 p.m., the board will hear El Dorado Motel owner Veronica Fisher's appeal of another Lake County Planning Commission decision regarding a notice of violation issued Sept. 9, 2009.


In Fisher's case, she received the notice because planning staff said she had converted her motel, located at 3955 Lakeshore Blvd. in Lakeport, to a combination permanent living establishment along with transient occupancy facilities. Fisher has said her motel has been operated in such a way for many years and the uses should be grandfathered.


In other news, at 11:15 a.m. the board will discuss a proposed resolution in support of the Lake County Technology Business Incubator Project.


During an untimed item, supervisors will consider approving a proposed agreement between the county of Lake and CH2M Hill – in association with local sub-contractors – for engineering and construction inspection services for the construction of an upgraded pump station and a dedicated force main pipeline for the Southeast Regional Wastewater Collection System, in the amount of $593,980.


In an untimed request carried over from Sept. 7, Sheriff Rod Mitchell will ask for the board's approval of option to purchase agreement for acquisition of property located at 21137 Calistoga St. in Middletown, which is proposed to be a sheriff’s regional office facility. The purchase price is $359,000.


The board will hold a closed session to discuss labor negotiations, existing litigation and a case of possible litigation involving International Surfacing Systems.


Other items on the agenda include the following.


Timed items


9 a.m.: 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.


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).


9:30 a.m.: Discussion/consideration of floating island project to be located at Clarks Island; discussion/consideration of Clarks Island natural building improvements; and discussion/consideration of proposed agreement between the Lake County Redevelopment Agency and Massey Burke for project manager services for Clarks Island natural building improvements (not to exceed $6,000).


10 a.m.: Presentation on implementation of local wraparound mental health services program (SB 163); discussion/consideration of proposed memorandum of understanding between the county of Lake and the California Department of Social Services, enabling the implementation of the wraparound program in Lake County; discussion/consideration of proposed agreement between the county of Lake and Redwood Children’s Services Inc. for provision of wraparound program services (paying the established group home rate for each participant); and discussion/consideration of proposed agreement between the county of Lake and Redwood Children’s Services Inc. in the amount of $220,752 for wraparound mental health services for fiscal year 2010-11.


11:30 a.m.: Abatement assessment confirmations and proposed recordations of notice of lien in the following amounts: $776.55 - 2764 Fall St., Nice (APN 030-234-260 – Janet E. Shounder); $5,734.95 – 2605 Fall St., Nice (APN 030-234-160 – Ronald Odbert and Glenna Odbert); $776.55 - 2647 Fall St., Nice (APN 030-234-210 – Thomas Peterson and Marianne Ellis); $776.55 - 2676 Fall St., Nice (APN 030-222-100 – Frank Jacquez and Carolina Jacquez); and $776.55 - 2672 Fall Street, Nice (APN 030-222-090 – Patrick McCabe and Maura McCabe).


Nontimed items


– Supervisors’ weekly calendar, travel and reports.


– Consideration of proposed Agreement between the county of Lake and Azteca Systems Inc. for Cityworks software in the amount of $20,875.


– Consideration of proposed letter of termination of agreement between the county of Lake and Lake Community Action Agency (LCCAA) for the provision of alcohol and drug counseling services to Lake County adolescents attending Highland High School for fiscal year 2010-11.


– Discussion/consideration of request to award Bid No. 10-10, in the amount of $292,589, to Granite Construction Co. for construction of the Morgan Valley Road PM 5.34 storm damage repair project.


– Consideration of request for authorization to issue purchase order for purchase of asphalt from Sylar Industries Inc. in an amount not to exceed $50,000 to repair and resurface streets in Middletown.


– Consideration of proposed updated memorandum of understanding between the Lake County Watershed Protection District, Napa County Flood Control and Water Conservation District, Colusa Resource Conservation District, Solano County Water Agency and Water Resources Association of Yolo County for the development of an Integrated Regional Water Management Plan for the Westside Subregion of the Sacramento River Funding Area.


Consent agenda


– Approve Board of Supervisors minutes for the meeting held on Sept. 7, 2010.


– Adopt proclamation commending Calpine on its geothermal operation at The Geysers.


– Adopt Resolution No. _____ approving agreement #10-0652 with the state of California; Department of Food and Agriculture and authorizing execution and signature for pest detection/EGVM activities from July 1 through Oct. 31.


– Adopt Resolution No. _____ approving agreement #10-0575 with the state of California; Department of Food and Agriculture and authorizing execution and signature for pest detection/LBAM activities for fiscal year 2010-11.


– Approve and authorize submittal of the federal equitable sharing agreement and certification to the Department of Justice (to enable the District Attorney’s Office to be eligible to receive a portion of federally seized asset forfeiture monies), and authorize the chair to sign.


– Adopt Resolution No. _____ approving the submittal of an application for Medical Reserve Corps (MRC) Capacity Building Funds through the National Association of County and City Health Officials, and authorizing the health services director to sign.


– Approve memorandum of understanding between the county of Lake and various community facilities willing to provide aid in response to public health emergencies.


– Approve agreement between the county of Lake and First 5 Lake Commission for the Mother-Wise Program (Post Partum Depression Initiative), in the amount of $17,900, for the fiscal year 2010-11, and authorize the chair to sign.


– Approve and authorize submittal of the federal equitable sharing agreement and certification to the Department of Justice (to enable the sheriff’s office to be eligible to receive a portion of federally seized asset forfeiture monies), and authorize the chair to sign.


Approve grant of easement and agreement and direct clerk to certify for recordation (APN 041-101-110 – Werner Doellstedt) and authorize the chair to sign.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it. . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .

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