LAKEPORT, Calif. – This Tuesday the Board of Supervisors will discuss a report from county departments on the potential impacts of a proposed medical marijuana cultivation initiative and continue consideration of the sheriff's request for legal counsel regarding a conflict with the district attorney.
The meeting will begin at 9 a.m. Tuesday, Feb. 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 9:30 a.m., the board will consider departmental reports that it ordered be completed regarding the proposed Lake County Medical Marijuana Cultivation Act of 2012, an initiative proposed to go on the June ballot.
The proposed cultivation initiative would allow qualified patients, primary caregivers, collectives and dispensaries to grow up to 12 plants on parcels of a half-acre or less or 24 plants on a half acre or more in residential districts, and up to 84 plans on parcels seven acres or more.
An analysis by Senior Deputy County Counsel Bob Bridges finds legal problems with the proposed initiative's attempt to use provisions of the Lake County Right to Farm Ordinance, which is meant to protect commercial activities conducted in a manner consistent with accepted customs and standards.
If marijuana is being grown for commercial purposes such that it receives the protection of the county's Right to Farm Ordinance, it would trigger conflicts with federal law, he said.
Bridges said that the ordinance “authorizes large scale cultivation activities which appear to be the type the federal government is currently targeting for enforcement actions. It is therefore possible that the portions of this initiative proposal which allow for large scale grows could generate a federal enforcement action against the County.”
In his portion of the report, Community Development Director Rick Coel is concerned that it would be difficult for the county to keep up with the number of violations involving grading, stormwater and travel trailer occupancy as people moved to the county to set up grows.
He said the ability to have 12 mature female places on parcels less than half an acre in size in residential subdivisions will create nuisance odor conditions and attract crime which “can result in a general deterioration of quality of life and property values.”
Coel said Right to Farm Ordinance provisions applied to marijuana would be “one-sided” and would not have buffer, pesticide, herbicide and fertilizer use regulations – which are required of other agricultural operations – included in the act.
Other concerns include the possible increase of home invasion robberies, stress on water systems, lack of landlord notifications, no guidelines for indoor cultivation as well as the potential for “homefront” dispensaries.
Acting Chief Probation Officer Steve Buchholz, who also contributed a report for the discussion, said he has requested an opinion from federal officials and what the possible consequences for the county should the proposed initiative be approved either by the board or the voters.
“Based on many years of experience in probation work, I do think that the number of plants proposed in the ordinance is far more than any one person could consumer under most circumstance,” he said.
He points out that the initiative has no process for community input or significant controls, it would make marijuana easier to obtain than it already is, that it would increase workloads for agencies without corresponding resources and make it “extremely difficult, if not impossible, for various agencies to oversee or attempt to regulate the operations.”
As a result, Buchholz urges the board not to propose the initiative.
As part of the discussion on the initiative, the board also will consider whether to put the initiative before the voters or adopt the initiative as a county ordinance.
In an untimed item held over from the board's Feb. 14 meeting, the board will continue its consideration of Sheriff Frank Rivero's request for legal representation in a dispute with District Attorney Don Anderson.
County Counsel Anita Grant has declared a conflict of interest in the matter, which it was explained last week involves the reopening of an investigation about a February 2008 incident in which Rivero shot at a man. The man was not injured.
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., A-5: Presentation of proclamation designating Feb. 19-25 as National Engineers Week.
9:15 a.m., A-6: Consideration of request for reconsideration of board appointment of public member to the Redevelopment Oversight Committee – city of Clearlake.
9:20 a.m., A-7: Public hearing, consideration of proposed ordinance establishing a permit and service fee schedule for the environmental health programs of the Lake County Department of Health Services.
9:30 a.m., A-8: (a) Consideration of departmental reports regarding the Medical Marijuana Cultivation Act of 2012 Initiative’s potential impact on the County of Lake; and (b) Discussion/consideration of options, pursuant to Elections Code Sections 9111 and 9118 (adoption of proposed ordinance, submission of proposed ordinance to voters at next statewide election, or request of report regarding impacts of proposed ordinance, for further consideration).
NONTIMED ITEMS
A-9: Supervisors’ weekly calendar, travel and reports.
A-10: Consideration of proposed Resolution amending the FY 2011-12 Adopted Budget by reducing General Fund Contingencies to loan money from Fund No. 1 - General Fund to Fund No. 168 - Social Services Administration and Fund No. 169 - Social Services Programs, to provide funding for cash flow purposes.
A-11: Consideration of proposed addition to the policy and procedure manual regarding the Animal Adoption Amnesty Program.
A-12: Consideration of proposed agreement between the county of Lake and Matrix Design Group for comprehensive updates to the Lake County Zoning Ordinance, in the amount of $99,895.
A-13: Continued from Feb. 14, consideration of sheriff’s request for legal representation pursuant to Government Code Section 31000.6.
A-14: Consideration of request for out of state travel for Health Services Education Program Coordinator Linda Fraser to attend the 2012 Integrated Medical, Public Health, Preparedness and Response Training Summit, May 21-25, 2012, in Nashville, Tenn.
CLOSED SESSION
A-15 – 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, S. Harry, L. Guintivano, M. Perry and J. Hammond; and (b) Employee Organization: Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorney's Association.
2. Public Employee Performance Evaluation: Registrar of Voters Diane Fridley.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Feb. 14, 2012.
C-2: Adopt proclamation designating Feb. 19-25, 2012, as National Engineers Week.
C-3: Approve agreement between the county of Lake and Anthony Wong, DVM, for veterinary services, for an amount not to exceed $90,000 per year, and authorize the chair to sign.
C-4: Lease agreement between the county of Lake Community Development Department and the county of Lake Probation Department for office space, located at 16195 Main St., Lower Lake, for a rate of $400 per month (with utilities to be paid by leasee), and authorize the chair to sign.
C-5: Approve agreement between the county of Lake and Northwest Biosurvey for environmental services for the Bridge Arbor Bikeway Project, in the amount of $13,200, and authorize the chair to sign.
C-6: Approve easement deed and direct clerk to certify for recordation (APN 039-332-22 - James Holcomb), and approve right of way agreement between the county of Lake and James Holcomb for the construction of the wastewater force main sanitary sewer line.
E-mail Elizabeth Larson at
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