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HomeMy WebLinkAboutMINUTES - 05232006 - D.5 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AICP Costa COMMUNITY DEVELOPMENT DIRECTOR' County 2iiu- DATE: MAY 23, 2006 SUBJECT: HEARING ON A PROPOSED EXTENSION (ORD. 2006-17) OF AN URGENCY INTERIM ORDINANCE TO CONTINUE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY (ALL SUPERVISORIAL DISTRICTS) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATION A. After accepting any public testimony, CLOSE the hearing. B. FIND that the extension of the Urgency Interim Ordinance is exempt from the review requirements of the California Environmental Quality Act insofar as the adoption of this ordinance would not have the potential to cause a significant effect on the environment [CEQA Guidelines Section 15061(b)(3)]. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON ✓ i APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND UNANIMOUS(ABSENT/V AI r ) CORRECT COPY OF AN ACTION TAKEN AND A ES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Ruben Hernandez(925)335-1339 ATTESTEDuf. LERK �D JOHN CULLEN, F THE BOARD OF Orig: Community Development Department SUPERVISORSANUNTY ADMINISTRATOR cc: Sheriff-Coroner Office County Counsel Building Inspection Dept., Property Conservation Division BY Health Services Department District Attorney's Office Alcohol&Other Drugs Advisory Board via Health Services Dept. May 23, 2006 Board of Supervisors First Extension of Urgency Ordinance Prohibiting Establishment of Medical Marijuana Dispensaries Page 2 C. ADOPT Ordinance No. 2006-17 (refer to attached) to extend the period of the Urgency Interim Ordinance ten months and 15 days, to April 10, 2007. D. DIRECT the Community Development Department to post a Notice of Exemption with the County Clerk. II. FISCAL IMPACT , None. III. BACKGROUND / REASONS FOR RECOMMENDATIONS In 1996, the voters of the State of California approved Proposition 215, the Compassionate Use Act of 1996, codified at Health and Safety Code section 11362.5. The purpose of the Compassionate Use Act of 1996 is to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. The federal Controlled Substances Act prohibits the use and distribution of marijuana. In 2005, the United States Supreme Court held in Gonzales v. Raich that the federal Controlled Substances Act is not affected by the State Compassionate Use Act of 1996, and therefore is a violation of federal law to possess or distribute marijuana even if for medical purposes. On March 7, 2006, the Board of Supervisors directed the Community Development Department, in conjunction with the Office of County Counsel, the Sheriff-Coroner's Office, the Health Services Department, and the District Attorney's Office to begin researching and - making recommendations regarding marijuana dispensaries in the unincorporated area of Contra Costa County. The Board also clarified that a report is to come back to the Board before any action is taken on the subject. Pursuant to the provisions of Government Code Section 65858, on April 11, 2006, the Board of Supervisors adopted an urgency interim ordinance prohibiting the establishment of medical marijuana dispensaries in the unincorporated area of Contra Costa County (Ord. No. 2006-12). As an urgency measure, the interim ordinance became effective.immediately and extends forty-five days to May 26, 2006. Staff has begun to contact other agencies with regards to their respective experience with administering these laws, and the owners of existing cannibis cooperatives within the County's jurisdiction to try to learn more about their operations. Still, more time is needed to allow for appropriate analysis and preparation of a recommendation to the Board on this subject. May 23, 2006 Board of Supervisors First Extension of Urgency Ordinance Prohibiting Establishment of Medical Marijuana Dispensaries Page 3 Before the existing interim ordinance expires, State law allows the Board of Supervisors to extend the period of the urgency interim ordinance ten months and 15 days provided that the Board is able to make the required finding and that the Board approves the extension by a four-fifths vote. The proposed extension is needed to provide for ongoing prohibition of medical marijuana dispensaries while staff prepares a report to the Board for possible long-term regulatory controls. It should also be noted that were the Board to adopt the proposed extension to the interim ordinance, and if deemed necessary, Government Code Section 65858 would allow the Board to adopt a second extension for one additional year. IV. COMPLIANCE WITH THE REVIEW REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The basic purpose of the California Environmental Quality Act (CEQA) is to inform governmental decision makers and the public about the potential, significant environmental effects of proposed discretionary activities, including activities directly undertaken by a government agency. The proposed adoption of the extension of the urgency interim ordinance is exempt from the provisions of CEQA because staff has determined, with certainty, that the adoption of an urgency interim ordinance prohibiting the establishment of medical marijuana dispensaries in unincorporated Contra Costa County will not have a significant effect on the environment. The proposed ordinance would have the effect of short-term restriction on the establishment of a land use activity that might otherwise affect the environment. Section 15061(b) (3) of the CEQA Guidelines exempts projects from the review requirements of CEQA that meet this criterion. V. CONSEQUENCES OF NO ACTION OR NEGATIVE ACTION BY THE BOARD If the Board decided not to take action on this item, the original Urgency Interim Ordinance adopted by the Board on April 11, 2006 would expire on May 26, 2006. If the Urgency Interim Ordinance were to expire, it may be lawful to establish medical marijuana dispensaries in unincorporated areas of Contra Costa County without appropriate land use regulation, including on properties near schools and residential areas. Moreover, State law would bar the Board from adoption of a new interim ordinance unless the new interim ordinance is adopted to protect the public safety, health and welfare from an event, occurrence or set of circumstances different from the event, occurrence, or set of circumstances that led to the adoption of the prior ordinance. GACurrent Planning\curr-plan\Board\Board Orders\MMJ Ordinance Extension BO.doc RLH/BD 5-16-06 ADDENDUM TO ITEM D.5 May 23, 2006 REVISED on June 8,2006- To include Alcohol and Other Drugs Advisory Board in the Boards Direction. On this day, the Board of Supervisors conducted a hearing on a proposal to adopt Ordinance No. 2006-17 to extend the Urgency Interim Ordinance prohibiting the establishment of medical marijuana dispensaries in the unincorporated areas.of Contra Costa County. Bob Drake of the Community Development Department said that since the adoption of the first urgency interim ordinance on April 11, 2006, staff has begun to collect information and contact other agencies and jurisdictions regarding their medical marijuana regulations. Mr. Drake requested that the Board extend the interim prohibition on establishing new medical marijuana facilities for 10 months and 15 days while further research is conducted and meetings among various County departments, including the County Administrator's Office, the Health Services Department, the County Counsel's Office, and the District Attorney's Office, are held to develop possible permanent rules. Chair Gioia opened the public hearing. The following people spoke: Armando Soto, said the moratorium is driven by fear based on misinformation on cannabis and the land use approach. He said it is impossible to overdose on cannabis and said cannabis is the most powerful medicine to combat illnesses faced everyday as one gets older. He urged the Board to allow Health Services Department to be the lead agency rather than the Public Development and to schedule a study session within two months where there is public input rather than just the restrictions the staff will come up with in two years; Joseph Partansky, Concord resident, said more time is needed to prepare analysis, and recommendations. He said details are lacking, efforts and time line are not provided. He said PEHAB would bean independent perspective to this issue rather than the land use issue to try to carry out Proposition 215. He recommends referring to Americans for Safe Access, California NORMAL and the Law Enforcement against Prohibition. Demetrio Ramirez, speaking for MariCare, urged the Board to change the moratorium to direct County agencies to suspend any actions against dispensaries open before the Moratorium unless they are an actual nuisance and until the Board passes a permanent Ordinance to ensure safe access to Contra Costa County residents; Jim Hammer said he supports the idea of a moratorium and said he thinks the County should take a pause and consider the adverse impacts of cannabis sales and the County should also weigh the rights of critically ill patients to safe access. May 23, 2006 Addendum to D.S Page 2 of 2 He noted if every cannabis dispensary was closed in Contra Costa County the people would not stop using cannabis and they would get the cannabis illegally. He noted that if no dispensaries open for the next two years and the few that are left close then Contra Costa County patients will have no place for safe access. He urged the Board to change the moratorium and suspend enforcement against any grandfathered Club unless it is an actual nuisance until the Board has a chance to fully address a permanent Ordinance; Dan Helfrey, resident of Concord urged the Board to grandfather him to open a dispensary on the east side of the County. Robert Berry, resident of Martinez spoke of the moratorium having the effect of extending a hardship for cannabis users within Contra Costa County because it forces them to spend more money on gas to buy their medication elsewhere; Rick A. Barros, resident of Martinez urged the Board to keep the moratorium in place until Supervisors find other facts; Dwayne Thomason, resident of Pittsburg said his wife is a patient. He said banning the marijuana dispensaries would cause him to go to San Francisco and does not feel safe going to San Francisco. Supervisor DeSaulnier requested that staff return to the Board by the end of September with a progress report. By a 5-0 vote with none absent, the Board of Supervisors took the following action: APPROVED the staff recommendation to extend the interim prohibition on establishing new medical marijuana facilities for 10 months and 15 days while further research is conducted and meetings among various County departments, including the County Administrator's Office, the Health Services Department, the County Counsel's Office, the District Attorney's Office, and the Alcohol and Other Drugs Advisory Board are held to develop possible permanent rules, and DIRECTED staff to return to the Board by the end of September with a progress report describing the steps taken toward developing permanent land use regulations for medical marijuana dispensaries. ADDENDUM TO ITEM D.5 May 23, 2006 On this day, the Board of Supervisors conducted a hearing on a proposal to adopt Ordinance No. 2006-17 to extend the Urgency Interim Ordinance prohibiting the establishment of medical marijuana dispensaries in the unincorporated areas of Contra Costa County. Bob Drake of the Community Development Department said that since the adoption of the first urgency interim ordinance on April 11, 2006, staff has begun to collect information and contact other agencies and jurisdictions regarding their medical marijuana regulations. Mr. Drake requested that the Board extend the interim prohibition on establishing new medical marijuana facilities for 10 months and 15 days while further research is conducted and meetings among various County departments, including the County Administrator's Office, the Health Services Department, the County Counsel's Office, and the District Attorney's Office, are held to develop possible pennanent rules. Chair Gioia opened the public hearing. The following people spoke: Armando Soto, said the moratorium is driven by fear based on misinformation on cannabis and the land use approach. He said it is impossible to overdose on cannabis and said cannabis is the most powerful medicine to combat illnesses faced everyday as one gets older. He urged the Board to allow Health Services Department to be the lead agency rather than the Public Development and to schedule a study session within two months where there is public input rather than just the restrictions the staff will come up with in two years; Joseph Partansky, Concord resident, said more time is needed to prepare analysis, and recommendations. He said details are lacking, efforts and time line are not provided. He said PEHAB would bean independent perspective to this issue rather than the land use issue to try to carry out Proposition 215. He recommends referring to Americans for Safe Access, California NORMAL and the Law Enforcement against Prohibition. Demetrio Ramirez, speaking for MariCare, urged the Board to change the moratorium to direct County agencies to suspend any actions against dispensaries open before the Moratorium unless they are an actual nuisance and until the Board passes a permanent Ordinance to ensure safe access to Contra Costa County residents; Jim Hammer said he supports the idea of a moratorium and said he thinks the County should take a pause and consider the adverse impacts of cannabis sales and the County should also weigh the rights of critically ill patients to safe access. He noted if every cannabis dispensary was closed in Contra Costa County the people would not stop using cannabis and they would get the cannabis illegally. May 23, 2006 Addendum to D.5 Page 2 of 2 He noted that if no dispensaries open for the next two years and the few that are left close then Contra Costa County patients will have no place for safe access. He urged the Board to change the moratorium and suspend enforcement against any grandfathered Club unless it is an actual nuisance until the Board has a chance to fully address a permanent Ordinance; Dan Helfrey, resident of Concord urged the Board to grandfather him to open a dispensary on the east side of the County. Robert Berry, resident of Martinez spoke of the moratorium having the effect of extending a hardship for cannabis users within Contra Costa County because it forces them to spend more money on gas to buy their medication elsewhere; Rick A. Barros, resident of Martinez urged the Board to keep the moratorium in place until Supervisors find other facts; Dwayne Thomason, resident of Pittsburg said his wife is a patient. He said banning the marijuana dispensaries would cause him to go to San Francisco and does not feel safe going to San Francisco. Supervisor DeSaulnier requested that staff return to the Board by the end of September with a progress report. By a 5-0 vote with none absent, the Board of Supervisors took the following action: APPROVED the staff recommendation to extend the interim prohibition on establishing new medical marijuana facilities for 10 months and 15 days while further research is conducted and meetings among various County departments, including the County Administrator's Office, the Health Services Department, the County Counsel's Office, and the District Attorney's Office, are held to develop possible permanent rules, and DIRECTED staff to return to the Board by the end of September with a progress report describing the steps taken toward developing permanent land use regulations for medical marijuana dispensaries. CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT REPORT ON EXTENSION OF URGENCY INTERIM ORDINANCE PROHIBITING MEDICAL MARIJUANA DISPENSARIES Pursuant to Government Code, §65858 (d), the following report describes the measures taken to alleviate the condition that led to the adoption of the interim ordinance. (Ordinance No. 2006-12) On April 11, 2006, the Board of Supervisors adopted an urgency interim ordinance prohibiting the establishment of medical marijuana dispensaries in all areas of unincorporated Contra Costa County. The ordinance was adopted in order to provide the County an opportunity to formulate and adopt permanent zoning regulations addressing the establishment of medical marijuana dispensaries. Unless the Board of Supervisors authorizes an extension, the interim ordinance will expire on May 26, 2006. Additional time is needed in order for the Community Development Department to research, analyze and prepare an ordinance addressing medical marijuana dispensaries. Staff has taken additional measures to alleviate the conditions that led the Board to adopt the Urgency Interim Ordinance. Additional Measures taken: • The Community Development Department is coordinating an effort between the Office of the County Counsel, the District Attorney, the Sheriff, Health Services Department and the County Administrator's Office. to develop regulation for medical marijuana dispensaries. • Staff is collecting background information on the Compassionate Use Act of 1996 (Proposition 215) and relevant court decisions related to medical marijuana. • Staff is -collecting information and contacting other agencies/jurisdictions regarding established medical marijuana regulation. • Staff has notified some local cannabis cooperatives and sought information on compliance with applicable Zoning law. x P. ay 15, 2006 Ruben Hernandez, Senior PI r RECEIVED Contra Costa County Community Development Department (925) 335-1339 M AY 1 5 .2006 CLERK BOARD OFSUPERVISORS CONTRA COSTA CO. 1 � ORDINANCE NO. 2006-17 URGENCY INTERIM-ORDINANCE PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE UNINCORPORATED AREA OF CONTRA COSTA COUNTY The Contra Costa County Board of Supervisors ordains as follows: SECTION I. FINDINGS AND PURPOSE. A. In 1996, the voters of the State of California approved Proposition 215, the Compassionate Use Act of 1996, codified at Health and Safety Code section 11362.5. The purpose of the Compassionate Use Act of 1996 is to enable persons who are in need of marijuana for specified medical purposes to obtain and use marijuana under limited, specified circumstances. In 2003, the State Legislature enacted Senate Bill 420 to establish regulations and procedures regarding the issuance of identification cards to patients qualified to use medical marijuana. B. The federal Controlled Substances Act, codified at Title 21, United States Code section 801 et seq.,prohibits the use and distribution of marijuana. In 2005, the United States Supreme Court held in Gonzales v. Raich (2005) 125 S.Ct. 2195, that the federal Controlled Substances Act is not affected by the state Compassionate Use Act of 1996, and therefore it is a violation of federal law to possess or distribute marijuana even if for medical purposes. C. Some jurisdictions have relied on the provisions of the Compassionate Use Act of 1996 to allow the establishment of medical marijuana dispensaries at fixed locations. Many of these jurisdictions have reported negative secondary effects, such as an increase in crime, in the areas immediately surrounding the dispensaries. Reports show that some jurisdictions have received and investigated a number of complaints of criminal activity, including armed robberies and burglaries, at or near medical marijuana dispensaries. Other jurisdictions have reported that medical marijuana dispensaries have resulted in loitering, traffic congestion, parking problems, noise and other harmful secondary effects. D. Contra Costa County has received several inquiries regarding applications for the establishment of medical marijuana dispensaries. E. On March 7, 2006, the Board of Supervisors directed staff to study and make recommendations regarding the regulation of medical marijuana dispensaries. The County Ordinance Code does not contain specific zoning standards or development regulations regarding the location or use of facilities established to distribute marijuana for medicinal purposes. ORDINANCE NO. 2006-17 1 F. The establishment of medical marijuana dispensaries without appropriate rules and regulations could result in harmful secondary effects, such as an increase in crime, loitering, traffic congestion, parking problems, noise and other negative effects. G. It is necessary to suspend the establishment of medical marijuana dispensaries to provide the County with time to consider regulations governing the location and operation of medical marijuana dispensaries, and to determine the extent of these regulations. Absent this interim ordinance,medical marijuana dispensaries could arguably be located in residential areas or in close proximity to schools, churches, day care centers and other sensitive uses incompatible with medical marijuana dispensaries. SECTION II. DEFINITION. For purposes of this ordinance, "medical marijuana dispensary" means any facility or location where marijuana is made available, sold, transmitted, given, distributed to, or otherwise provided to.primary caregivers, qualified patients, persons with an identification card, or any other qualified individuals, in accordance with the state Compassionate Use Act of 1996 (Health and Safety Code section 11362.5). SECTION III. EXTENSION. Ordinance No. 2006-12 is extended for 10 months and 15 days. SECTION IV. PROHIBITION. A medical marijuana dispensary is a prohibited use in all zoning districts of the County. While this interim ordinance is in effect, no applications for land-use entitlements or building permits shall be accepted or processed, and no land-use entitlements or building permits shall be approved or issued, for any medical marijuana dispensary at any location in the County. SECTION V. REPORTS. In accordance with subdivision (d) of Government Code section 65858, ten days before the expiration of this ordinance or any extension of it, the Community Development Department shall file with the Clerk of this Board a written report describing the measures taken to alleviate the conditions that led to the adoption of this urgency interim ordinance. SECTION VI. SEVERABILITY. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable. SECTION VII. DECLARATION OF URGENCY. This ordinance is hereby declared to be an urgency ordinance for the immediate preservation of the public safety, health, and welfare of the ORDINANCE NO. 2006-17 County, and it shall take effect immediately upon its adoption. The facts constituting the urgency of this ordinance's adoption are set forth in Section I. SECTION VIII. EFFECTIVE PERIOD. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board and shall continue in effect for a period of 10 months and 15 days, pursuant to Government Code section 65858. Within 15 days of passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County. PASSED ON. 20kby the following vote: AYES: ' Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None i ABSENT: None ABSTAIN: None ATTEST: JOHN CULLEN, Clerk of the Board of Supervisors oard Chair and County Administrator By: [SEAL] Deputy TLG:. HA2006\Community Development\Medical Marijuana\urgency ord-extend2.wpd ORDINANCE NO. 2006-17 3 a- 0 0 (::,- a- T ❑ m C3 ❑ 0 Z W CD (b 01 -0 . (D 0 0 fU Vo CD Q BIZ r & Cb 0 0 -0 En CD In CD (D 0 a CD (D Ln :3 0- z 0 o M CD CD 0 to0 (ID 01 CD CD CD ro S0 O (D Z3 CD co ZNO r. 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Cl. 0 CD cr cv0 0 —0 G) I co CD (D -:5 (D 0 CD QD 0- CD 0 co ozn COD aoo -!7 NOTICE OF HEARING BE- FORE THE CONTRA COSTA COUNTY BOARD OF SU- PERVISORS REGARDING THE ADOPTION I AN OR- DINANCE EXTENDING THE URGENCY INTERIM ORDI- NANCE PROHIBITING THE ESTABLISHMENT OF MEDI- CAL MARIJUANA DISPEN- SARIES IN UNINCORPO- RATED CONTRA COSTA COUNTY,COUNTY WIDE NOTICE is hereby given that on Tuesday,May 23, 2006 at 1:50 pm. in the ' County Administration Building, 651 Pine Street, Room 107 (Corner of Pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: A proposal to consider adoption of Ordinance No.2006-17,which would extend the Urgency Inter- im Ordinance (Ordinance No. 2006-12) prohibiting the establishment of medical marijuana dis- pensaries,adopted by the Board of Supervisors on April 11 2006.Adoption of the Ordinance would ex- tend the period of an ex- isting Urgency Interim Or- dinance that prohibits the establishment of medical marijuana dispensaries in the unincorporated areas of Contra Costa County ("County") to April 10, 2007. The ordinance would continue to make medical marijuana dis- pensaries a prohibited use in all zoning districts of the County. While the ordinance is in effect,no applications for land-use entitlements or building permits Can be accepted or processed and no land-use entitlements or building permits can be approved or issued for any medical marijuana dispensary at any loca- tion in the County. For purposes of compli- ance with the California Environmental Quality Act(CEQA) staff has de- termined that the Ordi- nance extending the pro- hibition of mc:iical mari- juana dispensaries is ex- empt per Section 15061(b)(3)of CEQA. If you challenge the proj- ect in court,you may be limited to raising only those issues you or someone else raised at the public hearing descri- bed in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Date: May 10,2006 John Cullen,Clerk of the Board of Supervisors and County Administrator By Katherine Sinclair, Deputy Clerk Legal PT/VT,SRVT 8616 Publish May 13,2006 THE VALLEY TIMES (Incorporating The Pleasanton Times) P.O. Box 607 - Pleasanton, Calif. 94566 AFFIDAVIT OF PUBLICATION The undersigned declares and says: That he is and was during all the times herein mentioned a citizen of the United States, over the age of 21 years, and neither party to nor in any way interested in the matter of action herein set forth, and is and was competent to be a witness in said matter of action. That he is now and was at all times mentioned the Publisher/Legal Clerk/Legal Coordinator of THE VALLEY TIMES, incorporating the Pleasanton Times and is now, and was all the times therein mentioned a newspaper of general circulation printed and published in the City of Pleasanton, Township of Pleasanton, County of Alameda, State of California, and as such has now at at all times had charge of all legal notices and advertisements in said newspaper; and that said THE VALLEY TIMES, incorporating The Pleasanton Times is now and was at all times herein mentioned a newspaper of general circulation as that term is defined by Section 6040.5 of the Government code, and as provided by said Section is published for dissemination of local and telegraphic news and intelligence of general character, having a bonafide subscription list of paying subscribers, and is not devoted to the interests or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings races, or denominations; that all of said times said newspaper has been established, printed, and published at regular intervals in said township, county, and state, for more than a year preceding the date of the first publication of the notice mentioned; the said notice was set in type not smaller than nonpariel, and was preceded with words in blackface type not smaller than nonpariel, describing or expressing in general terms the purport and character of the notice intended to be given. That the Public Hearing a copy of which is attached hereto, was published in said newspaper, The Valley Times (incorporating The Pleasanton Times) on the 13"'of May, all in the year of 2006 I cer i (or eclarel under penal of 'prJury that the fore n is a and correct. ............................................................... .... ........... Signature Executed at Walnut Creek, California. Date: May 16, 2006 NOTICE OF HEARING BEFORE THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS REGARDING THE ADOPTION OF AN ORDINANCE EXTENDING THE URGENCY INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN CONTRA COSTA COUNTY, COUNTY WIDE NOTICE is hereby given that on Tuesday,May 23,2006 at 1:50 p.m.in the County Ad- ministration Building,651 Pine Street,Room 107 (Cor- ner of Pine and Escobar Streets),Martinez,Califor- nia,the Contra Costa Coun- ty Board of Supervisors will hold a public hearing to consider the following mat- ter: A proposalto consider adoption of Ordinance No. 2006-17,which would ex- tend the Urgency Interim Ordinance(Ordinance No. 2006-12)prohibiting the es- tablishment of medical marijuana dispensaries adopted by the Board of Su- pervisors on April 11,2006. Adoption of the Ordinance would extend the period of an existing Urgencyy Interim Ordinance that prohibits the establishment of medi- cal marijuana dispensaries in the unincorporated areas of Contra Costa County ('County')to April 10,2007. The ordinance would con- tine to make medical mari- uana dispensaries a pro- ibited use in all zoning dis- tricts of the County.While the ordinance is in effect, no applications for land-use entitlements or building permits can be accepted or processed,and no land-use, entitlements or building permits can be approved or issued for any medical mar- ijuana dispensary at any lo- cation in the County. For purposes of compliance with the California Environ- mental Quality Act(CEQA), staff has determined that the Ordinance extending the prohibition of medical marijuana dispensaries Is exempt per Section 15061(b)(3)of CEQA. If you challenge the project in court,you may be limited to raising only those issues you or someone else raised at the public hearing de- scribed in this notice,or in written correspondence de- livered to the County at,or prior to,the public hearing. Date: May 10,2006 John Cullen,Clerk of the Board of Supervisors and County Administrator By:Katherine Sinclair, Deputy Clerk Legal EC 7121 Publish:May 13,2006 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the East County Times, newspapers of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of January 6, 1919. Case Number 8268. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to-wit: May 13, all in the year of 2006 I certify (or declare) under penalty of perjury that the foregoing•strue and correct. An uted at Walnut Creek, Cali ia. hisday of May, 200....................................................... .... ........... Signature East County Times 1700 Cavallo Road Antioch, CA 94509 (925) 779-7115 Proof of Publication of: (attached is a copy of the legal advertisement that published) NOTICE OF HEARING BE- FORE THE CONTRA COSTA COUNTY BOARD OF SU- PERVISORS REGARDING THE ADOPTION OF AN OR- DINANCE EXTENDING THE URGENCY INTERIM ORDI- NANCE PROHIBITING THE ESTABLISHMENT OF MEDI- CAL MARIJUANA DISPEN- SARIES IN UNINCORPO- RATED CONTRA COSTA COUNTY,COUNTY WIDE NOTICE is hereby given that on Tuesday,May 23, 2006 at 1:50 p.m. in the County Administration Building, 651 Pine Street, Room 107 (Corner of Pine and Escobar Streets), Martinez, California, the Contra Costa County Board of Supervisors will hold a public hearing to consider the following matter: A proposal to consider adoption of Ordinance No. 2006-17,which would extend the Urgency Inter- im Ordinance (Ordinance No. 2006-12) prohibiting the establishment of medical marijuana dis- pensaries,adopted by the Board of Supervisors on April 11 2006.Adoption of the Ordinance would ex- tend the period of an ex- isting Urgency Interim Or- dinance that prohibits the establishment of medical marijuana dispensaries in the unincorporated areas of Contra Costa County ("County") to April 10, X007. The ordinance would continue to make medical marijuana dis- pensaries a prohibited use in all zoning districts of the County. While the Ordinance is in effect, no applications for land-use entitlements or building permits can be accepted or processed and no land-use entitlements or building permits can be approved or issued for any medical marijuana dispensary at any loca- tion in the County. Por purposes of compli- ance with the California Environmental Quality Act(CEOA) staff has de- termined that the Ordi- nance extending the pro- hibition of medical mari-. Juana dispensaries is ex- empt per Section 15061(b)(3)of CEQA. If you challenge the proj- ect in court, you may be limited to raising only those issues you or Someone else raised at the publichearing descri- bed in this notice, or in written correspondence delivered to the County at,or prior to,the public hearing. Date: May 10,2006 john Cullen,Clerk of the Board of Supervisors and County Administrator By wrmc Sine--Tai Deputy Clerk Legal WCT 7112 Publish May 13,2006 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the Principal Legal Clerk of the West County Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of August 29, 1978. Case Number 188884. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: May 13, all in the year of 2006 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Ex Ited at Walnut Creek, alifornia. 0 this 1 ay of May, 06 .......................................................... .... ................ Signature West County Times P 0 Box 100 Pinole, CA 94564 (510) 262-2740 Proof of Publication of: (attached is a copy of the legal advertisement that published) "Contra Costa Times To: LOnea@cob.cccounty.us Legals" cc: <cctlegals@cctimes.co Subject: Ordinance No.2006-17 dated May 23,2006-Reference No. 1176 m> 05/26/2006 12:52 PM Please respond to cctlegals THE FOLLOWING e-mail contains pertinent information; please read it carefully in its entirety. PLEASE NOTE:All of our offices will be closed Memorial Day, Monday, May 29, 2006. Good Afternoon. If you have any questions regarding the legal notice confirmed below, please reference the LEGAL NUMBER provided. Only e-mail to cctlegals(a),,cctimes.com regarding Contra Costa Times, Concord Transcript, or Contra Costa Sun legal notices. ** LEGAL SCHEDULE CONFIRMATION ** TYPE: In-Column Liner, Classified Section LEGAL NUMBER: 5801 PO#: 1176 Publication: CCT Run Date(s): 05/31 Legal Acct#: 200 4197 Total Amount: $401.80 FOR YOUR INFORMATION- Revisions/Cancellations: I will need a cancellation request referencing the LEGAL NUMBER—or all changes attached in a final draft Microsoft Word Document—e-mailed to cctlegals(a,cctimes.com by no later than 4 PM today, Fri., 05/26. Otherwise, the wording of the legal will publish as you e-mailed. Thanks! Anashia Lloyd Legal Advertising Coordinator (925) 943-8019 (925) 943-8359—fax Contra Costa Times ATTN: Legal Dept. P.O. Box 4718 Walnut Creek, CA 94596 cctlegals@cctimes.com