LAKEPORT, Calif. – Over the objections of one of its members as well as that of the dispensary owners, the Lake County Board of Supervisors voted Tuesday morning to abate a medical marijuana dispensary in Middletown.
The 4-1 vote – with Supervisor Denise Rushing voting no – was taken to finish the process of shutting down H2C Collective, run by Daniel and Rhonda Chadwick.
Rushing and the Chadwicks had asked for the action to be delayed.
Rushing stated at the meeting that she had asked county staff to craft a new medical marijuana dispensaries ordinance.
The board had accepted a dispensaries ordinance last August, which Rushing had voted against because she considered it too limiting.
However, in October, faced with a referendum effort, the board rescinded the ordinance and ordered county staff to move forward on abating dispensaries, which the county has argued are not allowed under the Lake County Zoning Ordinance.
Last month the board voted to abate two other dispensaries, Triple C Collective in Kelseyville and Alternative Solutions in Clearlake Oaks.
Community Development Director Rick Coel told the board that the case against H2C Collective was opened last November, when the initial notifications were sent to the Chadwicks and to property owners Martin Levy and Carolyn Boccucci.
Coel said a notice of nuisance and order to abate was posted at the site on Jan. 12, with copies mailed to the owners, their attorney Dan Beck and the Chadwicks.
The property will remain in violation, said Coel, as long as a dispensary is operating there.
He said he had been contacted by the property owners and their attorney, who have started the eviction process.
As a result, he asked the board not to impose the abatement cost as a lien on the property. Board Chair Rob Brown asked if the county could reserve the right to do that at a future time if necessary, and Coel said yes.
Rushing said she wanted to defer the matter until the draft of the new ordinance she’s proposing is brought back to the board. Brown said that document wasn’t on the agenda.
Rhonda Chadwick blamed “Republican chamber of commerce members” for what was happening to dispensaries around the county.
Brown, who alleged that the Chadwicks had been involved in overturning the county ordinance – which they denied – said the county had to act in the wake of the ordinance being rescinded.
Daniel Chadwick wanted both Brown and Supervisor Anthony Farrington to recuse themselves from the discussion, alleging bias. Both refused.
Chadwick questioned how the county had more power than the state regarding medical marijuana. “You’re smashing my constitutional rights in the state,” he said, adding, “We smashed your ordinance.”
County Counsel Anita Grant told the supervisors that the decision before them was not about their personal feelings for or against dispensaries, but rather should focus on whether the facilities adhered to local law.
Coel said Levy and Beck had voiced concerns about federal actions being taken against landlords whose properties are being used for dispensaries. He said Levy also was concerned because he had discovered marijuana cultivation was taking place in the building.
Rushing reiterated that she wanted a few weeks’ delay to get dispensaries back on the agenda.
“I’m not interested in that,” said Brown.
“As far as delaying it, I don’t see how we possibly can,” said Supervisor Jeff Smith.
Smith pointed out that the board already had acted on the two other dispensaries, and to put off a decision on H2C Collective would not be fair. “We have to be consistent in our rulings.”
Chadwick said he had dismantled his indoor grow operation and was clearing the rest of his business equipment from the building.
“We’re not here to fight you,” he said, noting that he already was closing down.
Rushing told the board, “I think this whole process, up until now, has been unfair.”
She said the board should have gone through the extra work needed after the dispensaries ordinance was rescinded to come up with an alternative.
“In my view we haven’t done our job,” she said.
Brown told her that if she was concerned about deferring action she could have asked to have the discussion on new dispensaries rules put on the agenda earlier, adding that it was disrespectful of her to say the board wasn’t doing its job.
The matter of recusal again was raised, and Grant said that if a board member felt they had a particular bias against a person or issue they could withdraw.
At that point, Rushing got up from her seat and prepared to leave the dais.
Smith pointed out that if she recused herself from the discussion she would have to do so when medical marijuana came up in the future.
“Pick your battles,” Smith told her.
As Rushing sat back down, Smith added, “You gotta make the tough decisions.”
Comstock moved to abate the dispensary, with Rushing repeating that the vote should be delayed for two weeks before the board voted 4-1 for the abatement. Rushing voted no.
Afterward Chadwick stopped to shake her hand as he left the room.
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