File #: 22-1390    Version: 1 Name:
Type: Resolution Status: New Business
File created: 10/12/2022 In control: Clerk/Recorder
On agenda: 10/25/2022 Final action:
Title: Certification of Petition, Large-Scale Commercial Cannabis Cultivation Restrictions Amending Humboldt County General Plan, Local Coastal Plans and County Code Amendments Initiative
Attachments: 1. Staff Report, 2. Signature Verification Certificate.pdf, 3. Full Initiative Text.pdf, 4. Ballot Title and Summary.pdf, 5. Petition Result Breakdown.pdf, 6. Public Comment.pdf
Previous Action/Referral: 23-186

 

To:                                                               Board of Supervisors

 

From:                                          Clerk/Recorder                                          

 

Agenda Section:                     Departmental                                                               

 

SUBJECT:

title

Certification of Petition, Large-Scale Commercial Cannabis Cultivation Restrictions Amending Humboldt County General Plan, Local Coastal Plans and County Code Amendments Initiative

end

 

RECOMMENDATION(S):

Recommendation

That the Board of Supervisors:

1.                     Accept the Certification of Results of the Large-Scale Commercial Cannabis Cultivation Restrictions Amending Humboldt County General Plan, Local Coastal Plans and County Code Amendments Initiative (Initiative Petition), and

 

2.                     Take action pursuant to Election Code §9118.

 

Body

SOURCE OF FUNDING                     

General fund (1100)

 

DISCUSSION:

The proponents of the Initiative Petition submitted 7,071 signatures in support of their proposed measure. A random sample of 500 signatures was examined by the Office of Elections and the petition was found to be sufficient to certify the results to the Board of Supervisors.  Certification of the Initiative Petition requires the Board of Supervisors to take one of three defined actions, as set forth in the Elections Code §9118, at the next regular meeting which is Oct. 25, 2022.

 

Pursuant to Elections Code §9118, the Board of Supervisors shall do one of the following:

 

(a)                     Adopt the ordinance without alteration at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented. [emphasis added]

 

(b)                     Submit the ordinance, without alteration, to the voters pursuant to Elections Code Section 1405. [emphasis added]

 

(c)                     Order a report pursuant to Section 9111 at the regular meeting at which the certification of the petition is presented.  When the report is presented to the board of supervisors, it shall either adopt the ordinance within 10 days, or order an election pursuant to subdivision (b).

 

If your Board determines that the appropriate action is to adopt the initiative, as set forth in the attached Full text of initiative, staff will return to the board with the ordinance for approval at its next regular meeting on Nov. 1, 2022.

 

If your Board determines that the initiative be submitted to the voters, it will be on the next scheduled stateside election, which will be the Presidential Primary Election on March 5, 2024. Alternatively, your Board has the option to call a special election for the purpose of submitting an initiative measure to the voters before the next statewide election.

 

FINANCIAL IMPACT:

If an Election is ordered pursuant to Elections Code §9118(b), the cost estimate for planning purposes is between $35,000 to $40,000. Funding would come from the 2023-24 budget which has not been determined.

 

STRATEGIC FRAMEWORK:

This action supports your Board’s Strategic Framework by enforcing laws and regulations to protect residents .

 

OTHER AGENCY INVOLVEMENT:                     

None.

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

Board’s discretion.

 

ATTACHMENTS:                     

Signature Verification Certificate

Full text of initiative

Ballot Title and Summary

Petition Result Breakdown

 

PREVIOUS ACTION/REFERRAL:

Board Order No.: None.                     

Meeting of: None.

File No.: None.