COUNTY OF LAKE

COMMUNITY DEVELOPMENT DEPARTMENT Courthouse - 255 N. Forbes Street Lakeport, California 95453 Telephone 707/263-2221 FAX 707/263-2225

Item A-7 9:45 a.m. 08-07-2012

MEMO TO: FROM: SUBJECT: Board of Supervisors Richard Coel, Community Development Director Update Concerning Interim Medical Marijuana Cultivation Ordinance; August 7, 2012 Agenda Item August 1, 2012

DATE:

Attachment: Interim Ordinance Adopted July 9, 2012 DISCUSSION: On July 9, 2012 the Board of Supervisors adopted An Urgency Measure Adopting an Interim Ordinance Prohibiting Commercial Medical Marijuana Cultivation and Cultivation on Vacant Properties, and Limiting Outdoor Cultivation Amounts in the County of Lake, and Declaring the Urgency Thereof. This temporary ordinance was approved for a 45-day time period and will expire on August 23rd, unless extended. Section 65858(d) of the Government Code states: Ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. Pursuant to Section 65858(d), the following written report is provided describing the measures taken to alleviate the condition which led to the adoption of the ordinance: Status Report Staff from the Lake County Sheriffs Office and Community Development Department have coordinated enforcement efforts and as of August 1st have removed approximately 2,000 marijuana plants under this interim ordinance. Approximately 19 sites have been abated, with the vast majority being vacant properties with grading violations and other more egregious health and safety violations. As of August 1st there have been seven arrests made by the Lake County Sheriffs Office as a result of illegal cultivation activities. All seven people arrested were from out of the County and were cultivating without proper documentation to do so, including 3 people who were found not to be US citizens. Several of those arrested were being paid to guard marijuana being cultivated on vacant land. None of these sites had water or sanitary service. Water is being delivered to these sites by water trucks, and dirt roads that were already in poor condition have been damaged further.

BOS Memo; Status Update on Interim Medical Marijuana Cultivation Ordinance

The interim ordinance has allowed local law enforcement officials to target the most egregious cultivation sites, with high numbers of plants on mostly vacant properties, thereby reducing the potential for catastrophic wildland fires and accumulation of additional sewage from camping activities on these sites. Also, with the marijuana plants removed from these sites, the Community Development Department will be able to initiate abatement efforts through the Nuisance Abatement Ordinance to address the stormwater violations and abate the trash and sewage left behind. There is a need for the urgency ordinance to continue while staff works on drafting a permanent ordinance, using the input received from the Medical Marijuana Advisory Committee. Also, the cultivation practices on the larger, commercial cultivation sites continue to result in grading and stormwater violations and health and safety impacts. Staff will provide a Power Point presentation containing photographs of several of the sites that have been abated under this interim ordinance, in order to better illustrate the conditions and need for this ordinance. 10-day legal notification is being provided pursuant to Section 65090 of the Government Code for the August 21, 2012 Board hearing so that the Board can consider staffs request that the temporary moratorium be extended. A separate memo with findings and a sample motion will be completed and provided to your Board soon. RECOMMENDATION Staff recommends that the Board of Supervisors issues this written report pursuant to California Government Code Section 65858(d).