Supervisors OK commercial cannabis ordinance, requires voters pass tax measure in November

Mitchoff calls for calm over proposed Concord detention center

By Daniel Borsuk

Contra Costa County voters will get a crack at voting on a tax measure in November on how much the county should tax commercial cannabis enterprises, now that the board of supervisors unanimously approved an ordinance establishing zoning regulations for the cultivation, distribution and selling of recreational marijuana in most of unincorporated Contra Costa County.

Six areas where cannabis enterprises would be prohibited from setting up shop include Bethel Island, Sandamound Slough, Contra Costa Centre, Acalanes Ridge, Saranap and Alamo.  During the proposed ordinance’s public hearing process there was community protests especially from Alamo residents opposed to the establishment of commercial cannabis enterprises in their community mostly for public safety concerns.

Supervisors will consider proposed tax and health ordinances linked to the commercial cannabis ordinance at their July 10 meeting.

While the commercial cannabis ordinance charts regulations established in the Framework for Regulating Cannabis in the Unincorporated Area of Contra Costa County that supervisors approved in April, at Tuesday’s meeting supervisors were more focused on how the cannabis growers can conserve water, especially underground water, for a crop known to require high volumes of water to grow at a time California seems to permanently undergo drought conditions.

As a last-minute change, supervisors were handed an alternative water service plan provided by county planner Ruben Hernandez.  This water service alternative earned the stamp of approval from supervisors and establishes rules on how commercial cannabis cultivation operations can use groundwater but must comply with regulations aimed at conserving groundwater.  For instance, a commercial cultivation business could pump groundwater when “the retail water supplier does not provide retail water service at all times during the year.”

All five supervisors signed on and supported the water service alternative even though one prospective cannabis cultivator, Israel Martinez, a Brentwood farmer, said the county’s proposed groundwater revised rules are “too restrictive” and he said he supported the earlier Planning Commission’s groundwater rules because “cannabis uses a minor amount of water.”

“I don’t support any water alternative.” said East county rancher Eric Thomas.  “I’d like to see a cap on cannabis cultivation.  This does not use any water recapture.  Why not truck in water? You can recapture as much as 90 percent of the water used,” Thomas said.

All five supervisors approved the groundwater use alternative presented by the Department of Conservation and Development and therefore they unanimously approved the commercial cannabis ordinance.

“This is not the gold rush or green rush, but there is a significant investment that’s involved in establishing these types of businesses.” remarked Supervisor Diane Burgis whose rural oriented District 3 in East County, would be a big beneficiary of the potential new cannabis ordinance should it go into effect.

Supervisor Federal Glover of Pittsburg, Supervisor Candance Andersen of Alamo, and Supervisor John Gioia of Richmond were willing to move forward on approving the commercial cannabis ordinance and accept the Department of Conservation and Development’s last-minute groundwater use proposal.

Board chair Karen Mitchoff also joined the other supervisors even though initially she preferred to wait and find out what state legislators were going to do about proposed legislation that would change the way county tax measures are passed either by a two-thirds vote or a majority vote.

Glover Unveils Keller Canyon Landfill Investigation Funding Source

Supervisor Glover announced that he has identified funds in the Keller Canyon Mitigation Fund, a fund used for an assortment of community activities in the Pittsburg and Bay Point area, to be spent for the county’s investigation into findings that there have been illegal deliveries and deposits of radioactive debris from the Hunters Point Naval Shipyard.  A price tag has not yet been disclosed for the investigation.

The mitigation fund that landfill operator Republic Services finances will spend the money associated with covering costs of hiring a specialist to conduct an independent investigation into whether there were more than two documented cases where debris from the Hunters Point Naval Shipyard wound up at the landfill off of Baily Road.

Mitchoff Calls For Calm Over Concord Naval Weapons Station Use

Board Chair Mitchoff urged citizens to refrain from protesting at the Concord Naval Weapons Station, a site that the Trump Administration plans to house detained immigrants.  Should the President’s plans materialize at the closed weapons base, the government plans to spend as much as $233 million to construct housing for detained immigrants, U.S. Congressman Mark DeSaulnier (D-Concord) first disclosed the Administration’s plans last week.

The Navy has refused to disclose whether there are any plans to house as many as 47,000 detained immigrants at the closed military base.

“I specifically ask that no one march or protest,” Mitchoff said. “This may convey the wrong message to the Administration in Washington.”

Other than a protest planned in El Cerrito later this week, no protests have yet been planned at the shuttered weapons station.

$300,000 Contract Awarded from Animal Benefit Fund

On a 5-0 vote, supervisors approved a $300,000 contract to Unconditional Dog to provide animal enrichment services to dogs at the Pinole and Martinez animal shelters, but supervisors pulled the consent item for discussion because of concern over the Oakland-based company’s practices and whether County Animal Services will be accountable.

“I do support Ms. (Beth) Ward’s efforts, but the point is we need accountability,” said Dee Good.  “There should be some accountability.”

Another animal shelter observer, Carol Mason, also said the Unconditional Dog contract lacks accountability. “What kind of accountability is there at the shelters? Accountability is still important.”

Ward told supervisors her department awarded a three-month contract to Unconditional Dog in April to see if the company’s animal enrichment program does a better job in taming difficult dogs and thereby driving up the animal adoption rate at shelters.  Ward said the trial program showed some progress.

The Animal Benefit Fund will cover the contract costs.  No public funds are involved in the contract.

Supervisors asked that Ward give a report on the Unconditional Dog program in March 2019.


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