- Elizabeth Larson
- Posted On
Supervisors to consider temporary moratorium on new ag and cannabis projects
The board will meet beginning at 9 a.m. Tuesday, April 12, in the board chambers on the first floor of the Lake County Courthouse, 255 N. Forbes St., Lakeport.
The meeting can be watched live on Channel 8, online at https://countyoflake.legistar.com and on the county’s Facebook page. Accompanying board documents, the agenda and archived board meeting videos also are available at that link.
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At 3:30 p.m., the board will consider an interim urgency ordinance proposed by Supervisor Bruno Sabatier that would place a temporary, 45-day moratorium on new agricultural and cannabis cultivation projects.
In his written report, Sabatier quotes a recent study that said the current drought “represents the largest Southwestern North American area to experience a top-five 22 year drought-severity ranking in at least 1,200 years.”
He said Lake County Water Resources has reported that the drought conditions may cause Clear Lake’s levels to drop close to the 1976 and 1977 lake levels, “one of our worst documented droughts of our recent past.”
Sabatier noted in his report, “Lake County needs to do a better job of conserving water and not adding any new burden to an already stressed water system any more than it already is.”
On the topic of pausing the permitting of projects, Sabatier wrote, “Adding more agricultural operations and cannabis cultivation projects to a 22 year drought that is currently exhibiting severe drought conditions is not appropriate. We do not know how much longer this drought will continue. We know that all water purveyors struggled last year, and this year is not proving to be any different.”
He’s asking for a 45-day moratorium on new projects relating to agriculture and cannabis due to the drought with possible extensions in the future, during which the county would come up with protection and conservation measures.
Sabatier said agricultural operations converting native land to ag land will be prohibited under this moratorium.
However, he said both cannabis cultivation and agricultural operation projects that have already had their projects sent to the state clearinghouse can continue with their approval process. Other projects would not be able to obtain final approval until the moratorium has been lifted.
He said projects can and will continue the planning process so they can be approved once the moratorium is over.
Sabatier also wants the board to consider a letter to Gov. Gavin Newsom requesting a halt on new cannabis cultivation licensing statewide, while the county pauses in providing more cannabis cultivation licenses “until the state finds itself in a better drought situation.”
As part of that discussion, Sabatier is asking the board to consider directing the Lake County Drought Task Force to come up with new drought guidelines for agriculture and cannabis, along with new standards for hydrology reports as well as review standards.
“By creating these new guidelines and standards, we can continue to approve future ag and cannabis projects with an elevated standard to meet so that their activities will be successful and not have a cumulative impact to neighboring areas whether or not there is a drought,” he wrote.
The board also will discuss other potential actions to respond to the drought, such as taking actions against illegal cannabis grows, regulating commercial water sales and enforcement on drought issues.
In other business, at 9:15 a.m., the board, sitting as the Lake County Housing Authority Board of Commissioners, will consider the first amendment to the 2021 agreement to develop affordable housing by and between the Lake County Housing Authority and the Rural Communities Housing Development Corporation and also discuss a request for an audit.
In an item timed for 11 a.m., the board will discuss cannabis tax reform and consider a resolution amending the county’s cannabis cultivation tax due dates.
At 9:07 a.m., the board will present a proclamation designating the month of April 2022 as Sexual Assault Awareness Month and at 9:10 a.m. they will declare the week of April 10 to 16, 2022, as National Public Safety Dispatchers Week.
The full agenda follows.
CONSENT AGENDA
5.1: Adopt ordinance amending Ordinance 3062, revising Section 2-192.1, Article XXVI, Chapter 2 of the Lake County Code, providing authority to execute leases and licenses.
5.2: Adopt resolution approving Agreement No. 22-73-06-0256-RA with the USDA Animal and Plant Health Inspection Services for period July 1, 2022 through June 30, 2023 for the amount of $118,048.
5.3: Adopt resolution amending Agreement No. 20-0153 with the state of California, Department of Food and Agriculture and authorize the execution of post-consumer certification contract and contractor certification clause and signatures for insect trapping in the amount of $145,115.00 for activities in FY 20-22.
5.4: Sitting as Lake County Air Quality Management District Board of Directors: Authorize the air pollution control officer to sign and submit an application for Carl Moyer Program Year 24 funding and sign all other program documents.
5.5: Approve to waive the 900 hour limit for certain client service assistant positions within the Department of Behavioral Health Services.
5.6: Approve Amendment No. 1 to the agreement between county of Lake — Lake County Behavioral Health Services as lead agency for the Lake County Continuum of Care and Elijah House Foundation for fiscal years 2020-21, 2021-22, and 2022-23 and authorize the board chair to sign.
5.7: Adopt proclamation designating the month of April 2022 as Sexual Assault Awareness Month in Lake County.
5.8: Approve revised Board of Supervisors meeting minutes for Sept. 28, 2021.
5.9: Adopt resolution amending Resolution No. 2021 – 116 Establishing position allocations for recommended FY 2021-2022, Budget Unit 2702.
5.10: Approve addendum to corrected certification of county elections official of results of the official canvass of election returns and the results of the 1% manual tally of randomly selected voting precincts for the Sept. 14, 2021, Statewide Special Election.
5.11: Adopt resolution amending Resolution No. 2021-116 establishing position allocations for fiscal year 2021-2022, Budget Unit No.2302, Probation.
5.12: Adopt proclamation designating the Week of April 10 to 16, 2022, as National Public Safety Dispatchers Week.
5:13: a) Approve purchase of the 34 Dell 5430 Rugged Mobile Data Computer and authorize the sheriff or his designee to issue a purchase order in an amount not to exceed $110,000; and b) authorize the sheriff or his designee to issue a purchase order to Precision Wireless for the removal and installation of the units in each patrol vehicle in an amount not to exceed $30,000; and c) approve the budget transfer into object code 62.74 for the capital asset.
5.14: Approve contract between county of Lake and North Coast Opportunities Inc. for the Housing Support Program, for the term of Dec. 1, 2021, to June 30, 2022, in the amount of $774,816, and authorize the chair to sign.
TIMED ITEMS
9:05 a.m.: Pet of the week.
6.3, 9:07 a.m.: Presentation of proclamation designating the month of April 2022 as Sexual Assault Awareness Month in Lake County.
6.4, 9:10 a.m.: Presentation of proclamation designating the week of April 10 to 16, 2022, as National Public Safety Dispatchers Week.
6.5, 9:15 a.m.: Sitting as the Lake County Housing Authority Board of Commissioners, a) consideration of first amendment to the 2021 agreement to develop affordable housing by and between the Lake County Housing Authority and the Rural Communities Housing Development Corporation; and b) consideration of request for an audit.
6.6, 9:30 a.m.: Public hearing on account and proposed assessment for 7268 Liberty St., Nice, CA, 95464.
6.7, 10 a.m.: Public hearing, discussion and consideration of appeal (AB 21-05) of Planning Commission approval of Major Use Permit 19-36 and IS/MND 19-56 “Lake Vista Farms, LLC”, Clearlake. APN’s 010-053-01 and 010-053-02.
6.8, 11 a.m.: a) Discussion of cannabis tax reform; and b) consideration of resolution amending cannabis cultivation tax due dates.
6.9, 3:30 p.m.: a) Consideration of interim urgency ordinance placing a moratorium on new agricultural and cannabis cultivation projects; and b) consideration of letter to Gov. Newsom requesting a halt on new cannabis cultivation licensing statewide; and c) consideration of requesting the Lake County Drought Task Force discuss, draft, and provide ag/cannabis guidelines during drought conditions; and d) consideration of discussion of other actions regarding drought.
UNTIMED ITEMS
7.2: Consideration of Community Project Funding Resolution: a) Middle Creek and Community Project Funding Resolution; b) Middle Creek Flood Damage Reduction and Ecosystem Restoration.
7.3: Consideration of the following advisory board appointments: Lucerne Area Town Hall.
CLOSED SESSION
8.1: Public employee appointment pursuant to Gov. Code Section 54957(b)(1): Interview of interim county administrative officer; appointment of interim county administrative officer.
8.2: Employee disciplinary appeal (EDA 22-01) Pursuant to Gov. Code sec. 54957.
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