Local Government

LAKEPORT, Calif. – When the Board of Supervisors meets this week it will consider proposed name changes for two roads in the town of Lucerne and hold public hearings regarding sewer system capacity fees for the Northwest Regional Wastewater Collection System.


The meeting will begin at 9 a.m. Tuesday, June 28, in the Board of Supervisors chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport. TV8 will broadcast the meeting live.


At 9:15 a.m., the board will hold a hearing to discuss changing the names of two existing Lucerne roads, 13th Avenue and Hotel Road, to “Castle Drive,” in honor of the Lucerne Hotel, known locally as “The Castle.”


The Lake County Redevelopment Agency purchased the building last year and is now renovating it. The board also recently approved sending out a request for proposals to about 200 educational institutions to use the building as a campus.


At 9:30 a.m., the board will hold two public hearings – one to discuss a proposed ordinance increasing the sewer system capacity fees for connections to the county's Northwest Regional Wastewater Collection System, and the second for the purpose of considering a proposed ordinance amending the sewer use ordinance to reflect an inflationary adjustment determined by the Engineering News Record-Construction Cost Index.


The board also will hold an untimed closed session to discuss labor negotiations with the Lake County Employees Association, Lake County Deputy Sheriff's Association, Lake County Correctional Officer's Association and Lake County Deputy District Attorneys Association.


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).


9:15 a.m.: Hearing, discussion/consideration of intention to change the name of two existing named roads in Lucerne – 13th Avenue and Hotel Road to “Castle Drive.”


9:30 a.m.: Public hearing, discussion/consideration of proposed ordinance amending Section 706A of the sewer use ordinance pertaining to sewer system capacity fees for connections to the Northwest Regional Wastewater Collection System; and public hearing, discussion/consideration of proposed ordinance amending Section 706B of the sewer use ordinance pertaining to inflationary adjustment determined by the Engineering News Record-Construction Cost Index.


9:45 a.m.: Consideration of request for the waiver of fees, in the amount of $864, for the minor use permit and building permit for the installation of a sign for the Upper Lake Cemetery District.


10 a.m.: Carried over from June 14. Presentation of Annual Report of the Clear Lake Advisory Committee.


10:30 a.m.: Public hearing, discussion/consideration of proposed ordinance amending gate fees to be charged to Lakeport Disposal at the Eastlake Landfill for solid waste disposal.


10:45 a.m.: Discussion/consideration of proposed Joint Powers Authority formation for project financing of the Southeast Regional Wastewater Collection System, Force Main and Pump Station Project.


11 a.m.: Update on the 2011 Road Maintenance and Improvement Projects.


11:30 a.m.: Discussion/consideration of request to sign proposed HUD-50077-CR: Civil Rights Certification Form.


11:35 a.m.: Consideration of proposed agreement between the county of Lake and Lindsey and Co. for Section 8 Housing Choice Voucher Program accounting services, in the amount of $6,000, for fiscal years 2011-13.


1:30 p.m.: Continued from June 13. Closed session, Public Employee Disciplinary Appeal No. EDA 2011-01, Government Code Section 54957.


NONTIMED ITEMS


– Supervisors’ weekly calendar, travel and reports.


– Discussion/consideration of request for out of state travel for Animal Control Officer Allison Mewborn to Durango, Colorado, from Aug. 21 through Aug. 27, 2011, to attend equine investigators academy.


– 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. Second reading.


CONSENT AGENDA


– Approve minutes of the Board of Supervisors meeting held on June 21, 2011.


– Adopt resolution pertaining to tax revenue exchange between the county of Lake and County Services Area No. 7 - Bonanza Springs (Wisely Annexation).


– Adopt resolution accepting conveyance of real property, located in Clearlake Park, CA (APN 036-301-290).


– Adopt resolution amending Resolution No. 2010-164 to amend the adopted budget for fiscal year 2010-11 by making various adjustments to Budget Unit 2101 - Trial Court.


– Adopt resolution approving the final subdivision map for Cobb Vista Subdivision (SD 06-14).


– Approve agreement between the county of Lake and Bettina Woelbling, in the amount of $15,000, for fiscal year 2011-12, for adult literacy services, and authorize the chair to sign.


– Approve agreement between the county of Lake and Redwood Children’s Services for wraparound mental health services, in the amount of $220,752, for fiscal year 2011-12, and authorize the chair to sign.


– Approve agreement between the county of Lake and Edgewood Center for Children & Families, for specialty mental health services, for a maximum amount of $120,000, for fiscal year 2011-12, and authorize the chair to sign.


– Approve agreement between the county of Lake and Redwood Children’s Services for Transitional Age Youth (TAY) Peer Support Program, for a maximum amount of $20,000, for fiscal year 2011-12, and authorize the chair to sign.


– Approve agreement between the county of Lake and Redwood Children’s Services for MHSA Transitional Age Youth (TAY) Drop-In Center, for a maximum amount of $50,000, for fiscal year 2011-12, and authorize the chair to sign.


– Approve agreement between the county of Lake and Modesto Residential Living Center, for adult residential care services, for a maximum amount of $130,000, for fiscal year 2011-12, and authorize the chair to sign.


– Approve first amendment to agreement between the county of Lake and Sten-Tel Transcription Services, for transcription services, for an increase of $2,000, for fiscal year 2010-11, and authorize the chair to sign.


– Approve agreement between the county of Lake and North Valley Behavioral Health, for a maximum amount of $213,300, for fiscal year 2011-12, and authorize the chair to sign.


– Approve Budget Transfer B-354 in the amount of $13,000, Budget Unit 4014, from Professional and Specialized Services to Capital Assets-Office Equipment; and approve amendment to agreement between the county of Lake and Anasazi Software Inc. for fiscal year 2010-11, for an increase of $26,000, and authorize the chair to sign.


– Approve agreement between the county of Lake and Casa Pacifica Centers for Children and Families, fiscal year 2011-12 specialty mental health centers, for a maximum amount of $65,000, and authorize the chair to sign.


– Approve agreement between the county of Lake and First 5 Lake Commission for fiscal year 2011-12 Mother-Wise Program (Post Partum Depression Initiative) services, in the amount of $42,500, and authorize the chair to sign.


– Waive travel policy requirements and approve payment of late travel claims submitted by Linda Morris, Maria Vidal and Terry Rooney, per the Mental Health director’s memorandum dated June 16, 2011.


– Approve second amendment to the agreement between the county of Lake and North Valley Behavioral Health LLC, for specialty mental health services, for an increase of $40,000, and authorize the chair to sign.


– Approve agreement between the county of Lake and Clover Valley House, adult residential facility, in the amount of $65,000 for fiscal year 2011-12 residential support services, and authorize the chair to sign.


– Approve agreement between the county of Lake and Hallis CPA in the amount of $10,000 for fiscal year 2011-12, cost report preparation services, and authorize the chair to sign.


– Approve agreement between the county of Lake and Manzanita House, adult residential facility, in the amount of $125,000, for fiscal year 2011-12, residential support services, and authorize the chair to sign.


– Approve agreement between the county of Lake and San Sousee, adult residential facility, in the amount of $115,000, for fiscal year 2011-12 residential care services, and authorize the chair to sign.


– Adopt resolution authorizing the director, Public Works Department, to sign a notice of completion for work performed under agreement dated March 18, 2011 (Middletown Decorative Lighting Project, Bid No. 11-07).


– Award Bid No. 11-15 to Bouthillier’s Construction, for Elk Mountain Road PM 8.6 Storm Damage Repair Project in Lake County in the amount of $196,359.75, and authorize the chair to sign the notice of award and the agreement.


– Approve plans and specifications for Orchard Shores Pavement Rehabilitation in Lake County and authorize the Public Works director/assistant purchasing agent to advertise for bids.


– Award Bid No. 10-04 to Bouthillier’s Construction, for Elk Mountain Road Improvements MPM 27.00 to 27.19 in Lake County in the amount of $293,593.50, and authorize the chair to sign the notice of award and the agreement.


– Approve Budget Transfer B-345 from Budget Unit 2202 Central Dispatch, Professional Services, to Budget Unit 2704-OES Capital Assets, in the amount of $25,000; and Budget Transfer B-346 from Inventory Items and Fixed Assets/Equipment to Object Code 62.74-Capital Assets-Equipment, in the amount of $108,012, to purchase digital mobile radios; award bid for 58 NX700H Kenwood digital mobile radios to Advanced Communications in the amount of $42,918.72; award bid for 55 NX700H Kenwood digital mobile radios to Advanced Communications in the amount of $45,394.80; award bid for 27 NX200K Kenwood digital portable radios to Precision Wireless in the amount of $14,172.57; and award bid for 57 NX200K Kenwood digital portable radios to Precision Wireless in the amount of $29,919.87.


– Approve proposed joint powers agreement between the county of Lake and the county of Napa (Workforce Investment Act/Napa-Lake Workforce Investment Area), and authorize the chair to sign.


– Approve professional services agreement between the county of Butte and the county of Lake for the provision of the Northern California Partnership for Safe and Stable Families fiscal year 2010-11and authorize the chair to sign the agreement and the assurance of compliance with the Butte County DESS nondiscrimination in state and federally assisted programs.


– Approve annual renewal of Veterans Subvention Program Contract and Medi-Cal Cost Avoidance Program Certificate, and authorize the chair to sign.


– Approve plans and specifications for Lake County Sanitation District Southeast Regional Wastewater System, Force Main and Lift Station Project, Bid No. 11-21, and authorize the Special Districts administrator/assistant purchasing agent to advertise for bids.


– Adopt resolution accepting conveyance of real property located in Lucerne, California (APN 033-057-110) .


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

LAKEPORT, Calif. – After hearing several hours of public input last Tuesday, the Board of Supervisors decided to continue a discussion on a proposed medical marijuana dispensaries ordinance next month.


At 1:30 p.m. Tuesday, July 19, the Board of Supervisors will consider both a proposed staff ordinance on dispensaries that received approval last month from the Lake County Planning Commission and an alternate ordinance proposed by Ed Robey, retired District 1 supervisor, and Lower Lake attorney Ron Green.


The June 21 hearing lasted about four and a half hours before a packed chamber, with the board hearing from community members who supported keeping dispensaries plentiful and easily accessible, as well as those who believe that dispensaries have a negative impact on their communities.


Community Development Director Rick Coel introduced the document, explaining that the county's zoning ordinance needed to be amended in order to allow medical marijuana dispensaries and collectives to operate, since any use not specifically mentioned is not allowed.


There are 11 dispensaries operating in the county now, he said. The supervisors instituted a 2009 moratorium on new dispensaries opening, with Coel noting three serious attempts to open such facilities in the last 18 months. He said a notice of violation was served on a dispensary that opened in Clearlake Oaks a few weeks ago.


Coel said key county department heads played a part in drafting the dispensaries ordinance. Sheriff Frank Rivero worked on security measures, Health Services Director Jim Brown considered rules of edible products and County Counsel Anita Grant looked at how other jurisdictions have regulated dispensaries and also assessed the legal ramifications.


In putting the draft together, “They all have been a tremendous help to me,” Coel said.


He said his department was not advocating a total ban on dispensaries, but is proposing regulations due to the conflict between state and federal law regarding marijuana.


In order to avoid action by federal drug officials, “The county should consider the contents of this ordinance carefully,” he said.


Coel said that dispensaries must be operated as not-for-profits in compliance with state guidelines. The ordinance suggests a simple minor use permit for such operations, with the permit running with the site, not the owner, allowing the operations to be transferred. Coel said they did not support a business licensing process.


The ordinance needs to be adopted before Sept. 15, at which time the current moratorium on new dispensaries – which stopped enforcement action against those already in business – runs out, he said.


He did not agree with a proposal from Robey and Green that suggested grandfathering in dispensaries already operating, because he felt that would send a message to businesses that they can set up wherever they like without following zoning requirements.


Coel added that he and Rivero still need to work out monitoring guidelines.


Brown said his agency doesn't have the ability, training or expertise to monitor and test edible products, and so they were concerned that allow the local manufacture of such products would give consumers a false sense of security.


However, in case the board decided to allow edibles – the planning commission had asked to have regulations included in the draft – guidelines had been offered, said Brown.


Other points in the ordinance are a limit of 25 plants or clones on site, a 1,000-foot distance from schools, a 500-foot distance from churches, parks and youth facilities, and a limit of five dispensaries within the county jurisdiction, Coel said.


He reported the concerns of several local business and community association, including the Kelseyville Business Association, which does not want dispensaries in its downtown area; the Lake County Chamber, which also has voiced concerns about downtown placement; and the Clear Lake Riviera Community Association, which has one dispensary in its subdivision.


'Not the way to have a state law'


Board Chair Jim Comstock told speakers that they would each have five minutes to speak, and urged them to focus on the ordinance itself, not the merits of medical marijuana, which he said wasn't on the table.


“This is a land use and access issue. That's what we're here to discuss,” he said.


He also asked for speakers not to be interrupted by outbursts. “We want to have a very respectful meeting where everyone gets to share their views.”


First to the podium was Robey, who pointed out, “This is nuts.”


Robey said the state, by not doing its job in setting the guidelines for dispensaries and collectives, put all local jurisdictions into the position of having to figure out rules, and a wide gamut has resulted statewide. Some areas have banned dispensaries outright, and others have put little regulation on them, he said.


“That's not the way to have a state law,” he said.


However, Robey said he believed that regulating dispensaries goes beyond a land use issue, stating that it's the first time since Prohibition was repealed that Americans are having to figure out ways of regulating a previously illegal substance.


Because in Robey's mind regulating dispensaries goes beyond a land use issue, he suggested a licensing process rather than one involving permits, which he said could lead to problems.


For example, licenses can be revoked fairly simply, whereas he had checked with Coel and confirmed that only one minor use permit has been revoked in the past 20 years.


“If you take the approach staff is taking, you are going to have some potential liability,” he said.


Green, who spoke after Robey, asked the board to pass he and Robey's alternative ordinance instead of the one Coel presented. He said he and Robey believed their document was much simpler, more concise and had fewer potential problems.


Green also said he saw no reason to give information on growers to the sheriff, which he claimed was a violation of federal health privacy laws and also violated the right against self-incrimination, since marijuana use is still a federal offense.


In addition, he argued that testing edibles doesn't work, and that the marijuana that is the source of the products is what should be tested.


Green argued against the 1,000-foot buffer between schools. At the board's request, Grant responded, explaining that under AB 2650, as long as the ordinance does not put a dispensary within 600 feet of a school, they are complying with the law.


During his presentation to the board, Green said dispensaries legally can't get cannabis from any source except a member, so verification in order to avoid marijuana grown on public lands being used in dispensaries didn't work.


Supervisor Denise Rushing thanked Green for the work put into the proposed document, noting that its most significant criticism of the ordinance on the table was that it was not developed with input from the industry.


Green said county staff hadn't attempted to include the industry's voice, and Rushing replied that was because they weren't directed to do so, but instead were asked to come back with a proposal.


Supervisor Rob Brown disputed Green's claim that giving the sheriff access to dispensary member information was a violation of the federal Health Insurance Portability and Accountability Act (HIPAA).


He said the sheriff would be bound by HIPAA rules “just like anybody else,” and wouldn't be able to release the information to the public. Grant added that HIPAA is based on a need to know.


Brown asked her if there would be a HIPAA violation if the sheriff's office was in charge of monitoring such information. “Not as long as care is taken to ensure privacy,” Grant replied.


Julia Carrera, a third party inspector who works as an independent contractor for the county of Mendocino's dispensary and cooperatives permitting program, told the board, “I'm watching you guys struggle with questions I have answers to,” and offered herself as a resource.


Carrera said Brown was right regarding HIPAA, and added that Mendocino's county counsel has considered these same legal questions. The Mendocino County Sheriff's Office restricts access to its protected information on the program to the sergeant in charge and the sheriff, she said.


Agricultural Commissioner Steve Hajik told the board he was concerned about a section of the proposed ordinance that involved testing of medical marijuana.


He said he had discussed the testing component with the California Department of Food and Agriculture, which had told him that there are no certified labs capable of testing medical marijuana.


“The CDFA is capable of testing it but there's some legal issue there,” Hajik added.


Jeremy Mayfield of Novato, also a part-time Middletown resident, said he uses medical marijuana to deal with serious injuries he's suffered over the last several years. He now volunteers for dispensaries.


He said alcohol shouldn't be compared to cannabis, and emphasized that when it came to the source of marijuana in dispensaries, “We get our medicine from our patients, period.”


Mayfield said the illegal growers in the national forest are shipping their marijuana all over the country. “That's where that marijuana is going, not the clubs.”


Daniel Chadwick of H2C, a collective in Middletown, assured the board that he runs his operation professionally and contributes money to the community, including donations to local school projects.


“We're not a nuisance and not a problem to the community,” he said.


Chadwick also had an issue with conducting background checks, saying it wasn't proper to check everybody and that such records in the possession of officials were at risk.


In his experience, “A lot of things we had in a box got out in a box.”


Nancy Brier of Upper Lake recounted issues she's had with people sleeping in her yard, gathering in downtown Upper Lake, urinating in public in front of her young daughter, breaking into a friend's home and other problems she attributed to the presence of dispensaries.


After closing the several hours of public comments, the board decided to continue the matter to July 19, at which time they will go through both proposed ordinances – staff's and that of Robey and Green – line by line and look at what works best.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

 

 

 

June 2011 - Lake County Med Marijuana Dispensaries Proposed Zoning Ordinance

 

 

 

 

062111 Board of Supervisors - Robey and Green Memo

 

 

 

 

062111 Board of Supervisors - Robey and Green Proposed Medical MJ Dispensary Draft

BOARD OF SUPERVISORS

COUNTY OF LAKE

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that the Board of Supervisors of the County of Lake, State of California, will hold a PUBLIC HEARING on the 2011 Supervisorial Redistricting Advisory Committee recommendations of proposed boundary adjustment.

 

The public hearing will be held in the Board of Supervisors’ Chamber in the Courthouse on TUESDAY, July 26, 2011, at 9:15 A.M., at which time and place interested persons may attend and be heard.

 

Following the year in which a decennial federal census is taken, the Board of Supervisors of each county shall adjust the supervisorial districts so that the districts shall be as nearly equal in population as possible and shall be in compliance with federal statutory requirements protecting the voting strength of racial, ethnic and language minorities.

 

In establishing the adjusted boundaries of the supervisorial districts, consideration shall also include the following factors: (a) topography; (b) geography; (c) cohesiveness, contiguity, integrity and compactness of territory; and (d) community interests in the supervisorial districts.

 

The supervisorial district boundaries and proposed adjustments will be displayed on screen so members of the Board of Supervisors as well as the public can view and comment on alternative adjustments to the boundaries of the supervisorial districts.

 

 

KELLY F. COX

Clerk of the Board

 

By: Mireya G. Turner

Assistant Clerk to the Board

CLEARLAKE, Calif. – When it meets on Thursday the Clearlake City Council will return to the topic if its 2011-12 fiscal year budget and hold a public hearing on a proposed ordinance to regulate medical marijuana dispensaries.


The meeting will begin at 6 p.m. Thursday, June 23, in the council chambers at Clearlake City Hall, 14050 Olympic Drive.


All supporting documents for the meeting can be found at www.scribd.com/LakeCoNews.


Back on the council's agenda is the city's proposed final budget for the 2011-12 fiscal year.


Steve Albright, the city's former interim city administrator, submitted a report to the council that outlined changes made to the document that came from council direction at its June 9 meeting.


Those included eliminating a proposed 2 percent cost of living increase for all employees, adding another new police officer – bringing the total number of new officer positions to be added to the budget to three – rehiring a laid-off Public Works Department maintenance worker and adding another maintenance worker position, with those two Public Works staff additions being funded primarily by the gas tax, according to Albright.


In other council business, the council will consider updates suggested by the Clearlake Planning Commission to the proposed medical marijuana dispensary ordinance.


The commission discussed the proposed document on April 26 and forwarded it to the council, which discussed the proposed ordinance last month and sent it back to the commission for additional consideration of the number of dispensaries and whether or not to grandfather in current operations.


According to a staff report from Albright, the commission recommended that the city initially permit three dispensaries and allow a fourth when the city's population – now at about 15,000 – reaches 20,000.


The commission also recommended grandfathering in the three initial dispensaries and allowing them to continue operating in their current locations, regardless of zoning, Albright reported.


Albright said the only other change since the council last considered the ordinance is that any employees or volunteers who join the operation the year after a permit is issued must meet the background, fingerprinting and other requirements.


Of the three existing dispensaries – The Compassion Center, Lakeside Herbal Solutions and Triple C Collective – Triple C Collective will have to relocate because it is within 600 feet of a school, according to Albright's report.


Also on Thursday, the council – sitting jointly as the redevelopment agency board of directors– will consider approving a $700,000 grant for off-site drainage and other improvements and a $1.1 million 30-year loan from the redevelopment agency to AMG & Associates/Pacific Companies to support the 32-unit Edgewater Village Senior Housing Project, to be located at the southwest corner of Old Highway 53 and Austin Drive.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .




062311 Clearlake City Council - Final Proposed Budget




062311 Clearlake City Council - Marijuana Dispensaries Ordinance

LAKEPORT, Calif. – Lake County Animal Care and Control will host a presentation this week on the county's cat overpopulation problem and how to address it.


The presentation will take place on Friday, June 24, from 6 p.m. to 8 p.m. in the Board of Supervisors chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.


Dr. Richard Bachman, director of Veterinary Services for Contra Costa County and owner/operator of Shelter Medicine Support, a veterinary consulting and services group, will speak to the community about the cat problem and will offer suggestions on what has been successful in other places.


Bill Davidson, Animal Care and Control's director, said the public meeting is an outgrowth of an effort the department is undertaking to consider adding an in-house medical program.


He said Bachman recently visited the shelter facility on Helbush Drive to evaluate the possibility that the department could sustain such a program, and “the results look good.”


“During the evaluation it was determined that Lake County has a significant cat overpopulation problem, mostly of feral and community cats,” said Davidson.


Davidson said that finding probably doesn't come as a surprise to most community members.


He said that coming up with a successful plan to deal with the problem will require community input and buy in.


For more information about the Friday meeting, contact Lake County Animal Care and Control, 707-263-0278.


Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-

LAKEPORT, Calif. – An ordinance to amend the county zoning ordinance to regulate the cultivation of medical marijuana will go before the Lake County Planning Commission this week.


The commission will convene at 9 a.m. Thursday, June 23, in the Board of Supervisors' chambers at the Lake County Courthouse, 255 N. Forbes St., Lakeport.


The public hearing on the proposed ordinance is timed to begin at 10:15 a.m.


The proposed ordinance would regulate and allow limited medical marijuana cultivation by individual qualifying patients and primary caregivers, according to county documents.


It also would require a minor use permit process for collective or cooperative cultivation sites in

Lake County.


The 18-page document includes the work of both Community Development Department staff and Sheriff Frank Rivero, who began working on it in early May, according to an interview last month with Lake County News.


Rivero said he understood from Community Development Director Rick Coel that, with an ordinance to regulate medical marijuana dispensaries working its way through the hearing process, regulations for cultivation was the next step, so he decided to be proactive and get “ahead of the game.”


The sheriff said he believed a cultivation ordinance was needed, as his agency receives a lot of complaints about large, unregulated grows.


In responding to those complaints, “There's really no guidance, per se,” said Rivero, adding that he believes it's prudent to set some standards.


In order to draw up the draft, Rivero said he looked at other counties like Mendocino and the regulations they have in place.


The draft requires that those who are cultivating be verifiable qualified patients or caregivers; if they rent, they must have the written permission of the landlord to carry out growing activities; outdoor cultivation must be completely screened from public view and kept behind a locked gate at all times when the patient or caregiver is not in the immediate area; and grows are not be placed within 15 feet of any property line, as measured from the plant canopies.


When conducting indoor grows, the kitchen, bathrooms and master bedroom shall not be used for cultivation, and the cultivation area can occupy no more than 100 square feet of the residence, must have ventilated odor control and not use lighting exceeding 1,200 watts.


Minor use permits are required for collective or cooperative cultivation sites exceeding six mature plants or 12 immature plants, and no more than 99 plants.


Those larger grows are to be located outside of community growth boundaries, are not allowed on parcels less than five acres and cannot be within 1,000 feet of any school, or 500 feet away from a park with playground equipment, drug or alcohol rehabilitation facility, daycare, church or youth-oriented facility.


Other requirements are that they not be within 300 feet of any off-site residence, 100 feet from a property line or 50 feet from the top of a bank of any stream or lake; that they list chemicals and fertilizer they will use and in what amounts; and have onsite security systems.


The sheriff's office will conduct annual compliance monitoring at the permit holder's expense, the document states. Permit holders growing for cooperatives must maintain membership records on site.


The minor use permits granted for the larger grows shall be valid for initial terms of two years, and may be renewed for two-year periods afterward.


Other items on the commission's agenda include the following.


– 9:05 a.m.: Consideration of denials without prejudice only for the following projects:

  • James Carpenter – Parcel Map 08-08, proposing to subdivide a 36.52 acre parcel into two parcels on property located at 3275 Hill Road, Lakeport, and further described as APN 005-015-41.

  • Dennis Hinrichs – Lot Line Adjustment 08-13, proposes to adjust the lot lines between two parcels located at 10656 and 10568 Bachelor Valley Road, Witter Springs, and further described as APNs 023-005-05 & 08.

  • Timothy and Ted Mulder – Rezone 04-14, to rezone the parcel from “U” Unclassified to “C3” Heavy Commercial, on property located at 650 Sulphur Bank Drive, Clearlake Oaks, and further described as APN 006-490-34.

  • Katrina Johnson for Church of Divine Man – Certificate of Compliance 05-23, verify legal lot of record on property located at 10755 Gifford Springs Road, Cobb, and further described as APN 012-037-12.

  • David and Cheryl Lucido – Minor Use Permit 09-12, proposing a winery and tasting room with incidental retail sales on property located at 8664 Seigler Springs Road North, Kelseyville, and further described as APN 011-056-18.

  • Darrell Rickabaugh – Lot Line Adjustment 00-04, to adjust the property lines between two lots, one in a Williamson Act Contract and the other not in a contract, on parcels located at 3370 and 3430 Finely Road, Lakeport, and further described as APNs 008-025-31 & 32.

     

– 9:15 a.m.: Public hearing on consideration of a negative declaration based on Initial Study (IS 11-07) for General Plan Amendment Proposal (GPAP 11-01) and Minor Modification (MMU 10-06) to Use Permit (UP 88-42) and Minor Use Permit (MUP 09-23). The project applicant is Westgate Petroleum proposing a general plan amendment of 0.8 acres from Service Commercial to Community Commercial and 4.2 acres from Agriculture to Service Commercial; a rezone from “C3” Service Commercial to “CH” Highway Commercial and “A” Agriculture to “C3” Service Commercial; and a Minor Modification to existing permits (Res. 69-83, UP 88-42 and MUP 09-23) to allow a convenience store and construction of a 30,000 gallon propane tank. The project is located at 3740 Highland Springs Road, Lakeport and further described as APN 008-022-31.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it.. Follow Lake County News on Twitter at http://twitter.com/LakeCoNews, on Tumblr at www.lakeconews.tumblr.com, on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf and on YouTube at http://www.youtube.com/user/LakeCoNews .

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June 2011 - Lake County Medical Marijuana Cultivation Proposed Ordinance

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