LAKEPORT, Calif. – This week the Board of Supervisors will hold a public hearing on a proposed ordinance governing medical marijuana grows in mobile home parks and prohibiting them on apartment properties, and also revisit extending an agreement for special legal services for the sheriff.
The meeting will begin at 9 a.m. Tuesday, Feb. 19, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St. in Lakeport. The meeting will be broadcast live on TV8.
The board is scheduled to hold the hearing on the proposed ordinance beginning at 10:15 a.m.
Community Development Director Rick Coel received the Lake County Planning Commission's initial approval of the proposed last year.
Based on the planning commissioners' recommendation, the ordinance would allow medical marijuana grows in specifically approved garden areas within mobile home parks or on lease lots larger than 4,500 square feet, according to Coel's report.
The ordinance he's presenting to the board contains his original proposal to prohibit grows on properties where there are apartments or other multifamily dwelling units larger than duplexes.
It also would limit the amount of marijuana processing that can be cultivated on the premises to be in compliance with the amount of marijuana that can be grown under any existing county ordinance.
In an untimed item, the board will reconsider a proposed first amendment to the agreement between the county of Lake and the Jones & Mayer law firm of Fullerton for special legal services for Sheriff Frank Rivero.
The matter, which the board originally had discussed Feb. 5, was held over to allow the board to find out if District Attorney Don Anderson has made a determination on an investigation into allegations that Rivero, while working as a deputy sheriff in February 2008, lied to investigators about his actions during a nonfatal shooting involving a man holding a can of pepper spray.
If Anderson concludes Rivero lied, Rivero could be placed on a “Brady list” of officers with credibility issues. As a requirement of a U.S. Supreme Court case, the 1963 Brady v. Maryland, Anderson's office would then have to disclose Rivero's credibility issues to all defendants in criminal cases in which he is involved in his law enforcement capacity.
The county's agreement with Jones and Mayer had a total amount of $6,500, which County Counsel Anita Grant reported had been surpassed by approximately $173.64.
In other business, at 10 a.m. Special Districts will offer the board an update on the Southeast System lift station and force main administration project in Clearlake and consider a proposed resolution authorizing Special Districts Administrator Mark Dellinger to sign a notice of completion.
At 11 a.m. the board will receive an update on the South Main Street and Soda Bay Road Corridor Improvement Project and discuss a request for staff direction regarding amending the agreement with Quincy Engineering to include final design and right-of way services.
Also on Tuesday agenda, at 1:30 p.m. the board will consider a proposed allocation of an additional $165,000 – for a total amount of $350,000 – toward the abatement of nuisance aquatic weeds on Clear Lake.
During the board's discussion last week of the midyear budget review, Supervisor Anthony Farrington had wanted an additional allocation for lake projects and was the lone dissenter in the budget review's approval because it did not include those additional funds.
The full agenda follows. Some items may appear out of order because A-15, consideration of proposed agreement between the county of Lake and Aramark Correctional Services LLC for food services at the Lake County Jail and Juvenile Hall facilities, was removed from this week's 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).
9:10 a.m., A-5: Presentation of the following proclamations: (a) proclamation commending John and Pat Norcio for their years of community service; (b) proclamation commending Phil Blair for his volunteer efforts to paint the Lakeport Fire Department; and (c) proclamation designating the week of Feb. 17-23, 2013, as National Engineers’ Week.
9:15 a.m., A-6: Presentation of Lake County Office of Education Annual Report Education.
9:30 a.m., A-7: Discussion/consideration regarding the level of response required of enforcement chiefs the law enforcement officers to support mental health and medical association (LCLECA) referrals.
10 a.m., A-8: (a) Presentation of Southeast System Lift Station and Force Main Administration Project update; and (b) consideration of proposed resolution authorizing the Special Districts administrator to sign a notice of completion.
10:15 a.m., A-9: Public hearing, consideration of proposed ordinance amending Chapter 21 of the Ordinance Code of the County of Lake pertaining to the limitation of outdoor medical marijuana cultivation within mobilehome parks, the prohibition of cultivation within multifamily dwelling properties, and limits on medical marijuana processing.
11 a.m., A-10: (a) Presentation of South Main Street and Soda Bay Road Corridor Improvement Project Milestone Status Report; and (b) consideration of request for staff direction regarding amending the agreement with Quincy Engineering to include final design and right-of way services.
1:30 p.m., A-11: Consideration of FY 2012-13 appropriation of an additional $165,000 (for a total amount of $350,000) toward the abatement of nuisance aquatic weeds on Clear Lake.
NONTIMED ITEMS
A-12: Supervisors’ weekly calendar, travel and reports.
A-13: Consideration of options to fill remainder of unexpired term of treasurer-tax collector and appointment of interim treasurer-tax collector.
A-14: Continued from Feb. 5 – consideration of proposed first amendment to agreement between the county of Lake and Jones & Mayer for special legal services for Sheriff Frank Rivero.
CLOSED SESSION
A-16: 1.Conference with labor negotiator: (a) county negotiators: A. Grant, L. Guintivano, M. Perry, and A. Flora; and (b) employee organizations: Deputy District Attorney's Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officers Association, Lake County Employees Association, Lake County Safety Employees Association.
A-16: 2. Public employee performance evaluation: Registrar of Voters Diane Fridley.
A-16: 3. Conference with legal counsel: Existing litigation pursuant to Gov. Code Sec. 54956.9(a): Jensen and Larson v. Lake County Sheriff’s Office, et al.
CONSENT AGENDA
C-1: Approve minutes of the Board of Supervisors meeting held on Feb. 12, 2013.
C-2: Adopt the following proclamations: (a) proclamation commending John and Pat Norcio for their years of community service; (b) proclamation commending Phil Blair for his volunteer efforts to paint the Lakeport Fire Department; and (c) Proclamation designating the week of Feb. 17-23, 2013, as National Engineers’ Week.
C-3: Approve first amendment to the agreement between the county of Lake and Women’s Recovery Services for FY 2012-13 provision of residential treatment services for Lake County resident women experiencing alcohol or drug-related problems, for an increase of $15,000, and authorize the chair to sign.
C-4: Adopt resolution authorizing the Lake County Public Services Department to submit application(s) to California Department of Resources Recycling and Recovery (CALRECYCLE) for all CalRecycle grants for which the county of Lake is eligible.
C-5: Approve first amendment to agreement between the county of Lake and California Exterminators Alliance for vegetation control services, for an increase of $14,500, and authorize the chair to sign.
C-6: Approve amendment two to agreement between the county of Lake and Quincy Engineering Inc., for engineering services for four bridge replacement projects and two bridge rehabilitation projects in Lake County (Anderson Creek Bridge, Cobb; Manning Creek Bridge at Mathews Road, Lakeport; Manning Creek Bridge at Ackley Road, Lakeport; Highland Creek Bridge, Lakeport; Robinson Creek Bridge, Upper Lake and Harbin Creek Bridge, Cobb), an increase of $164,700, and authorize the chair to sign.
C-7: (a) Waive the formal bidding process and make a determination that competitive bidding is not appropriate due to acquisition of equipment from a sole source vendor; and (b) approve purchase of C-IV tech refresh upgrades and hardware support from the county of San Bernardino and authorize the Social Services director/assistant purchasing agent to issue a purchase order to the county of San Bernardino, in the amount of $9,151, for C-IV tech refresh upgrades and hardware support for existing equipment.
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021913 Board of Supervisors - Marijuana Cultivation in Mobilehome Parks by LakeCoNews