LAKEPORT, Calif. – In response to a temporary restraining order filed last week against the county over its newly accepted interim urgency marijuana cultivation ordinance, the Board of Supervisors this week will consider disbanding the Medicinal Marijuana Cultivation Advisory Board, one of whose members was named as a part in the legal action.
The meeting will begin at 9 a.m. Tuesday, July 17, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport. The meeting will be broadcast live on TV8.
At 9:45 a.m., Supervisors Anthony Farrington and Denise Rushing, who are members of the advisory board, are taking to their colleagues on the Board of Supervisors the proposal to disband the group.
Their memo to the board, authored by Farrington, can be seen below. It explains that advisory board member Don Merrill was named in the temporary restraining order action, filed last week, as Lake County News has reported. The identities of the three other plaintiffs in the case have not been made public.
The action was meant to stop the county from enforcing Ordinance No. 2977, which went into effect for 45 days after the board approved it at the end of a special daylong meeting on Monday, July 9.
Judge David Herrick heard the temporary restraining order request last Thursday, and continued the matter until July 27, finding that the evidence of harm submitted by the plaintiffs was not sufficient.
In their memo, Farrington and Rushing said that the ordinance integrates almost all of the plant numbers the advisory board previously had approved.
“Mr. Merrill, serving as a representative in the marijuana cultivation category, voted to approve these numbers, which he now claims are in violation of California state law and will cause him irreparable damage,” the memo stated.
Rushing and Farrington said they appreciated the work the advisory board has done so far, “and would like to recognize those on the advisory board who have approached this effort with good faith and dedication,” explaining that the work of those individuals “has made a difference in our understanding of this polarizing and complicated issue.”
However, they suggest that further dedication of staff and public time, effort and resources is “ill-advised.”
As such, they’re removing themselves from the advisory board and asking that the Board of Supervisors disband the advisory board, according to the memo.
Last Thursday, the same day as the initial hearing was held on the temporary restraining order, advisory board members were notified that their next meeting – which had been scheduled for Monday – was canceled, and that no further meetings were planned.
On Friday, Rushing sent out an email to advisory board members explaining the situation.
She said that while the board’s ordinance wasn’t perfect, “it is a good compromise that allows us to deal with the larger problem grows that affect the environment, the lake, and neighborhoods.”
She continued, “Every step of the way the board attempted to deal with the most important and immediate environmental and complaint-driven problems and in the end compromised regarding numbers of plants based on the early work of the cultivation committee.”
In her message, Rushing said Farrington had told her on Thursday that he would be resigning from the committee “because with this injunction filing it became clear that a key committee member will not be in a position to compromise on the final ordinance recommendation and that any action taken by the board will be challenged in court even those that reflect compromise.”
Rushing said a few things had become clear, among them, that it’s likely that any ordinance the board would pass ultimately would be challenged in court.
She said that with the injunction it is “clear that large growers intend to use the small medicinal patients as a human shield by scaring them into thinking the government is after their medicine all the while they are not looking out for their interests. This board compromised greatly to allow for those small grows in its urgency zoning ordinance.”
If the supervisors agree to disband the cultivation advisory board, “this means is that the final ordinance will be developed by the Board of Supervisors,” said Rushing. “My hope is that the Board will craft a fair cultivation zoning ordinance with the information the board already has, and the knowledge the committee members have shared with the two board members who sat on the committee.”
Some of the committee members responded with emails of their own, including Bob Dutcher, who said he would rather see Merrill removed and the rest of the committee allowed to continue its work.
Dutcher said the situation reflected badly on the Board of Supervisors. “As soon as Measure D failed the urgency ordinance came up to the chagrin of the medical marijuana community. Then a couple of days after a temporary ordinance is passed the committee is dissolved. This will lead to a distrust of the Board in the future.”
He questioned where the ordinance goes from here, adding, “I have nothing but contempt and disgust for the member that caused this.”
Farrington responded to the group later that day by warning them to stop further communication on the matter because he asserted that the emails constituted serial communications, which violates the Brown Act. The advisory board is subject to the Brown Act because it was appointed by the Board of Supervisors.
He urged everyone interested in the matter to attend the Tuesday meeting.
A full agenda follows. Some items are out of order due to an addendum being issued after the posting of the initial agenda.
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-6: Public hearing, protest Hearings for: (a) Annual water standby charges and delinquent water fees in County Service Areas Nos. 2, 6, 7, 13, 16, 18, 20, 21 and 22; (b) delinquent water fees in Kelseyville Waterworks District #3 for County Waterworks District #3; (c) Confirming collection of annual item (b) and board of lighting fees in County Service Area No. 1 - Clear Lake Keys Lighting; and (d) delinquent sewer fees in Lake County Sanitation District Sanitation District for item (d).
9:30 a.m., A-7: Continued from June 12, public hearing, discussion/consideration of appeal (AB 12-01) of the Planning Commission’s decision to deny the use permit (UP 11-09) for a five year time extension for an existing off-site advertising sign (billboard); appellant is La Monica Signs; site location is 255 Soda Bay Road, Lakeport (APN 008-019-64).
9:45 a.m., A-13: (a) Update on developments related to the progress of the Medicinal Marijuana Cultivation Advisory Board; and (b) consideration of proposed disbandment of the Medicinal Marijuana Cultivation Advisory Board.
NONTIMED ITEMS
A-8: Supervisors’ weekly calendar, travel and reports.
A-9: Consideration of the following appointments: Glenbrook Cemetery District, Hartley Cemetery District.
A-10: Consideration of proposed letter of support for AB 2443 (Williams) establishing a statewide boat fee to be used to help prevent and control quagga and zebra mussel infestation.
A-11: Consideration of request for Board direction regarding the filing of an application with the Lake Local Agency Formation Commission (LAFCo) for exemption from a municipal service review, pursuant to Watershed Protection District Board Government Code 56128.
CLOSED SESSION
A-12: 1.Conference with Labor Negotiator: (a) County Negotiators: A. Grant, L. Guintivano, M. Perry, J. Hammond and A. Flora; and (b) Deputy District Attorney’s Association.
A-12: 2. Employee Disciplinary Appeal EDA 2012-05.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on July 10, 2012.
C-2: Authorize the elections official to render all services necessary to conduct the city of Clearlake’s General Municipal Election on November 6, 2012, for the purpose of electing three (3) members of the Clearlake City Council, pursuant to the City’s Resolution No. 2012-22.
C-3: Approve amendment to the agreement between the county of Lake and the State Department of Alcohol and Drug Programs, for an increase of $86,218, for FY 2012-13 substance use disorder services, and authorize the chair to sign.
C-4: Approve third amendment to agreement between the county of Lake and Anasazi Software Inc., for a maximum amount of $70,000 annually, for FY 2012-13 and subsequent years’ for software and maintenance services, and authorize the chair to sign.
C-5: Adopt resolution approving the submittal of a functional classifications change for local streets and roads to the State of California, Department of Transportation (Merritt Road and Gaddy Lane).
LAKE COUNTY SANITATION DISTRICT BOARD OF DIRECTORS
C-6: (a) Approve easement deed and direct clerk to certify for recordation (APN 039-333-21 – Martin Ramos and Olga Contreras), and approve right of way agreement between the county of Lake and Martin Ramos and Olga Contreras for the construction of the wastewater force main sanitary sewer line; (b) approve easement deed and direct clerk to certify for recordation (APNs 039-372-04 & 06 – Robert Adelman), and approve right of way agreement between the county of Lake and Robert Adelman for the construction of the wastewater force main sanitary sewer line; and (c) approve easement deed and direct clerk to certify for recordation (APN 039-332-20 – Lenda Dragoman), and approve right of way agreement between the county of Lake and Lenda Dragoman for the construction of the wastewater force main sanitary sewer line, and authorize the chair to sign the agreements.
C-7: Approve minutes of the Board of Supervisors meeting held on July 9, 2012.
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