Katelyn Baker
Well-Known Member
It took two attempts, but the Calaveras County Board of Supervisors, by a 4-1 vote, passed a final extension on Tuesday of the county's much-maligned cannabis urgency ordinance, keeping regulation and enforcement in place at least until May 3. That is the day after voters will have cast their ballots for or against a citizen-initiative ban on all commercial cannabis operations.
County department heads urged the board to extend the ordinance, citing an administrative and enforcement vacuum that would occur without it.
Calaveras County Sheriff Rick DiBasilio was most direct. "If we don't have that urgency ordinance in place and the citizen ordinance fails," said DiBasilio, "you open this county up to a s–t-storm."
"Letting it (the urgency ordinance) sunset will not make things better," said District Attorney Barbara Yook. "It could make things worse."
Calaveras County Planning Director Peter Maurer recommended extension of the urgency ordinance when he opened the agenda item with a report. The urgency ordinance was passed by the board on May 10, 2016, and extended 45 days later until Feb. 14. State law allows two extensions of an urgency ordinance. A four-fifths vote of the board is required for extensions.
"The urgency ordinance did not cause the problems we are having with cannabis," said DiBasilio. "The Butte Fire caused the problems. The urgency ordinance is better than not having anything. It is insurance."
The extension resolution on the board's Tuesday agenda faced a pending conditional ban ordinance ordered by the supervisors at their Jan. 31 regular meeting, and a mail-in, county-wide vote on a citizen's initiative due to the Elections Department by May 2 that would ban commercial cannabis farming in the county.
Following passionate comments both for the extension and against it by more than 20 public speakers, District 2 Supervisor Jack Garamendi moved that the extension resolution before the board be approved.
"It makes no sense not to extend this," he said. "If the people pass a ban on May 2, it goes away; if the board passes an ordinance, it goes away. It is good insurance for the county's safety in the meantime. We should extend it for 12 months–I think it is the responsible thing to do."
District 3 Supervisor and Board Chairman Michael Oliveira seconded Garamendi's motion.
"I have always supported the concept of 'Let the people decide,'" he said. "But I will not sacrifice the public safety of this county if there is anything I can do about it."
District 1 Supervisor Gary Tofanelli questioned the viability of extending the urgency ordinance and called it "deeply flawed." He said he ran for his office committed to removing cannabis farms from residential areas.
District 4 Supervisor Dennis Mills was not supportive of the extension and District 5 Supervisor Clyde Clapp said he ran for his seat promising his constituents that he would oppose the extension.
Oliveira called for a vote to approve the urgency ordinance extension and it failed, on a 2-3 vote, with Clapp, Mills and Tofanelli opposed.
A howl of dismay could be heard from the packed foyer at the Calaveras County Government Center, just outside the board chambers, where an overflow crowd heard and watched the proceedings on a big-screen TV. Faces of many extension supporters in the board chambers became grim.
Then Tofanelli addressed the board and said he would be willing to support a modified resolution that "would be crafted to get four votes."
"I'm not in favor of leaving us hanging out there at this time," he said. "The urgency ordinance does give us some regulation in place. I'd like to extend the urgency ordinance for a period of time that goes until at least May second, or we have our own ordinance in place."
He then asked for a five-minute recess to confer with Calaveras County Counsel Megan Stedtfeld, and they returned with new, brief language proposed at the end of the resolution that would extend the urgency ordinance "for a period until it expires as a matter of law or until it is replaced by a permanent ordinance."
Tofanelli made the motion, Mills made the second and the board voted, 4-1, to approve the extension. Clapp cast the lone vote against.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Cannabis Urgency Ordinance Extended By Supervisors
Author: Terry Grillo
Contact: 209-754-3861
Photo Credit: None Found
Website: Calaveras Enterprise
County department heads urged the board to extend the ordinance, citing an administrative and enforcement vacuum that would occur without it.
Calaveras County Sheriff Rick DiBasilio was most direct. "If we don't have that urgency ordinance in place and the citizen ordinance fails," said DiBasilio, "you open this county up to a s–t-storm."
"Letting it (the urgency ordinance) sunset will not make things better," said District Attorney Barbara Yook. "It could make things worse."
Calaveras County Planning Director Peter Maurer recommended extension of the urgency ordinance when he opened the agenda item with a report. The urgency ordinance was passed by the board on May 10, 2016, and extended 45 days later until Feb. 14. State law allows two extensions of an urgency ordinance. A four-fifths vote of the board is required for extensions.
"The urgency ordinance did not cause the problems we are having with cannabis," said DiBasilio. "The Butte Fire caused the problems. The urgency ordinance is better than not having anything. It is insurance."
The extension resolution on the board's Tuesday agenda faced a pending conditional ban ordinance ordered by the supervisors at their Jan. 31 regular meeting, and a mail-in, county-wide vote on a citizen's initiative due to the Elections Department by May 2 that would ban commercial cannabis farming in the county.
Following passionate comments both for the extension and against it by more than 20 public speakers, District 2 Supervisor Jack Garamendi moved that the extension resolution before the board be approved.
"It makes no sense not to extend this," he said. "If the people pass a ban on May 2, it goes away; if the board passes an ordinance, it goes away. It is good insurance for the county's safety in the meantime. We should extend it for 12 months–I think it is the responsible thing to do."
District 3 Supervisor and Board Chairman Michael Oliveira seconded Garamendi's motion.
"I have always supported the concept of 'Let the people decide,'" he said. "But I will not sacrifice the public safety of this county if there is anything I can do about it."
District 1 Supervisor Gary Tofanelli questioned the viability of extending the urgency ordinance and called it "deeply flawed." He said he ran for his office committed to removing cannabis farms from residential areas.
District 4 Supervisor Dennis Mills was not supportive of the extension and District 5 Supervisor Clyde Clapp said he ran for his seat promising his constituents that he would oppose the extension.
Oliveira called for a vote to approve the urgency ordinance extension and it failed, on a 2-3 vote, with Clapp, Mills and Tofanelli opposed.
A howl of dismay could be heard from the packed foyer at the Calaveras County Government Center, just outside the board chambers, where an overflow crowd heard and watched the proceedings on a big-screen TV. Faces of many extension supporters in the board chambers became grim.
Then Tofanelli addressed the board and said he would be willing to support a modified resolution that "would be crafted to get four votes."
"I'm not in favor of leaving us hanging out there at this time," he said. "The urgency ordinance does give us some regulation in place. I'd like to extend the urgency ordinance for a period of time that goes until at least May second, or we have our own ordinance in place."
He then asked for a five-minute recess to confer with Calaveras County Counsel Megan Stedtfeld, and they returned with new, brief language proposed at the end of the resolution that would extend the urgency ordinance "for a period until it expires as a matter of law or until it is replaced by a permanent ordinance."
Tofanelli made the motion, Mills made the second and the board voted, 4-1, to approve the extension. Clapp cast the lone vote against.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Cannabis Urgency Ordinance Extended By Supervisors
Author: Terry Grillo
Contact: 209-754-3861
Photo Credit: None Found
Website: Calaveras Enterprise
