The meeting will begin at 9 a.m. Tuesday, June 21, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.
At 1:30 p.m. the board will host a public hearing on the proposed ordinance regulating medical marijuana dispensaries.
The Lake County Planning Commission last month held a hearing on the proposed ordinance and gave “some pretty clear direction” on changes to make before it went to the Board of Supervisors, according to a recent interview with Community Development Director Rick Coel.
The commission's recommended changes, worked into the updated draft for Tuesday's meeting, including adding back the C2 downtown commercial zoning to the other zoning districts – C3, M1 and M2 – where dispensaries would be allowed to operate, Coel said. That had been previously proposed but removed.
In addition, the commission voted to limit the number of dispensaries allowed in the county to five – down from the previous proposal of nine. Coel said there are currently 11 dispensaries operating in the county's jurisdiction, along with three in the city of Clearlake.
Other requirements in the ordinance include a space of 100 feet from residences, and the commission's addition of a 500 foot buffer from churches, which is the same distance dispensaries must be from parks and youth-oriented facilities, he said.
The updated ordinance also includes guidelines on dealing with edible products, which must carry labeling that includes the manufacturer name, net weight of cannabis in the package, labels warning that such projects are “for medical use only” and to be kept out of the reach of children, with an additional warning that the product has not been tested.
Another request by the commission was that all medical marijuana collectives or cooperatives have members who are part-time or full-time Lake County residents only, Coel said. That's also included in the new draft.
Coel said the commission was very concerned about medical marijuana tourism. “They just don't want to see that,” he said. “They don't see it as good for the local economy or the local image.”
Coel said Sheriff Frank Rivero has given “solid” comments on the draft, particularly when it comes to ensuring that dispensaries are legitimate.
There is a large conflict between the state and federal government on the matter of dispensaries. Coel said the federal government, concerned about drug trafficking, has been sending letters out to state agencies warning them of the liability involved if they permit or license dispensaries that are fronts for drug operations.
While Coel said he's not suggesting local dispensaries are those kinds of illegal operations, he said that dispensaries statewide “are stepping outside” of Proposition 215, the Compassionate Use Act of 1996. That voter-approved law, he said, is silent on dispensaries.
“What I'm advising the commission and the board is we should be cautious,” he said.
Such organizations need to be not-for-profit, Coel said, otherwise, if they're allowed to exist, the county can be set up for exposure to liability. “It's to protect the county just as much as it is to protect the patients.”
In an interview last month, Rivero said Coel had approached him about the law enforcement aspects of the ordinance, which Rivero said he helped write.
In addition to wanting a mechanism to ensure nonprofit status, Rivero said he added in a requirement for background checks on those who operate the facilities.
He said dispensary operators must be held accountable for tracking the money and the marijuana that go through their operations.
Rivero added, “I expect to remain fully involved in this process.”
“It will be interesting to see how the board wants to go with this,” said Coel.
In other board business, the supervisors will hold a closed session to discuss labor negotiations with California United Homecare Workers Union Local 4034, which represents the county's In-Home Supportive Services workers, and hold conference with legal counsel regarding one potential case of litigation.
The full agenda follows.
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, 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).
9:10 a.m.: Presentation of proclamation commemorating the 25th anniversary of the Lakeport Elks Lodge No. 2704.
9:15 a.m.: Public hearing, draft budget hearing for Lake County Air Quality Management District, for review and public comment on the proposed 2011/2012 District Budget, Units #8798 and #8799, in accordance with the California Public Health and Safety Code, Section 40131; and consideration of request to: (1) oppose further state subvention reductions; (2) set a policy directive that health based complaints, health risks, and mandated programs/requirements be given top priority, followed by activities that have regulatory time frames, and other activities, or as directed by this board.
9:30 a.m.: Public hearing, public bid opening for the sale of county surplus real property, vacant property located at 4960 Roland Drive, Lucerne, CA - (APN 034-292-87); the minimum bid price of the real property is twelve thousand dollars ($12,000).
9:45 a.m.: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $770.89 - 6596 Cheviot Road, Lucerne, CA (APN 034-343-23 - Gary Rahmer and Patricia Rahmer).
9:50 a.m.: Hearing, nuisance abatement assessment confirmation and proposed recordation of notice of lien in the amount of $770.90 - 6586 Cheviot Road, Lucerne, CA (APN 034-343-01 - Gary Rahmer and Patricia Rahmer).
9:55 a.m.: Hearing, nuisance abatement - 2338 Harding Drive, Nice, CA (APN 030-061-20 - Richard Limpert); and nuisance abatement - 2344 Harding Drive, Nice, CA (APN 030-061-21 - Richart Limpert).
10:05 a.m.: Hearing, nuisance abatement - 2314 Harding Drive, Nice, CA (APN 030-061-15 - April Small); and nuisance abatement – 2318 Harding Drive, Nice, CA (APN 030-016-16 - April Small).
10:30 a.m.: Hearing, nuisance abatement - 15891 Douglas St., Middletown, CA (APN 024-413-03 - David Pedro and Kindra Pedro).
10:45 a.m.: Public hearing, consideration of request to appoint Public Works Director Scott DeLeon as the county road commissioner, pursuant to Section 2006 of the Streets and Highway Code.
11 a.m.: Public hearing, discussion/consideration of a proposed ordinance adding Article XXVI to Chapter 2 of the Lake County Code regarding alternative procedures for the leasing or licensing of county real property.
11:15 a.m.: Hearing, appeal of a nuisance animal abatement order located at 1050 Scotts Valley Road, Lakeport, CA (Veronica Anderson).
11:30 a.m.: Public hearing, discussion/consideration of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for funding of a Special Victims/Vulnerable Persons Unit.
1:30 p.m.: Public hearing, discussion/consideration of proposed Ordinance amending Chapter 21 of the Lake County Code to add Article 72, “Regulations for the dispensing of medical marijuana.”
NONTIMED ITEMS
– Supervisors’ weekly calendar, travel and reports.
– Discussion/consideration of the proposed “Vacation Donation and Catastrophic Compensation Benefit Policy.”
CONSENT AGENDA
– Approve Minutes of the Board of Supervisors meeting held on June 7, 2011 (carried over from June 14, 2001), and June 14, 2011.
– Adopt the proclamation commemorating the 25th anniversary of the Lakeport Elks Lodge #2704.
– Reappoint Francis Noel to the Glenbrook Cemetery District Board of Directors, for a term to expire June 26, 2015.
– Appoint Gordon Haggitt as county surveyor, pursuant to Chapter 2, Article V of the Lake County Code.
– Adopt resolution adopting Fund Balance Policy for financial statement reporting.
– Adopt resolution authorizing The Grant Project – Lake County Victim-Witness Assistance Program (authorizing submission of grant application).
– Adopt resolution approving the standard agreement between the county of Lake and the state of California for Immunization Assistance Program (IAP) for Fiscal Years 2011-11 through 2012-13, and authorize the director of Health Services to sign.
– Approve first amendment to the agreement between the county of Lake and Crestwood Behavioral Health fiscal year 2010-11(for an increase of $25,000), and authorize the chair to sign.
Approve agreement between the county of Lake and Victor Treatment Centers Inc. for specialty mental health services, in an amount not to exceed $53,655 for Fiscal Year 2011-12, and authorize the chair to sign.
– Adopt agreement between the county of Lake and Remi Vista Inc. for specialty mental health services, in an amount not to exceed $70,000, for fiscal year 2011-12, and authorize the chair to sign.
– Approve agreement between the county of Lake and Milhous Children’s Services for specialty mental health services, in an amount not to exceed $80,000, for fiscal year 2011-12, and authorize the chair to sign.
– Approve agreement between the county and the California Department of Transportation (CalTrans) for the exchange of federal transportation dollars for state exchange and matching dollars, and authorize the chair to sign.
– Approve agreement between the county of Lake and Precision Wireless Service to furnish and install repeater equipment at Calpine site, in the amount of $37,971.84, and authorize the chair to sign.
E-mail Elizabeth Larson at
June 2011 - Lake County Med Marijuana Dispensaries Proposed Zoning Ordinance
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