Amador County – The Plymouth City Council 2010 election became an uncontested race at the end of September when one of the candidates moved out of Plymouth.

Candidate Sean McGinness moved out of town at the end of September, which made the three-person race for two seats now an uncontested race. But one problem has arisen in that McGinness’ name will still be on the ballot.

Candidate Sandy Kyles, a planning commissioner appointed by Councilman Greg Baldwin, said Thursday that she was contemplating putting up campaign signs because the city attorney said if McGinness wins one of the seats, it would leave a vacancy on the council.

City Clerk Gloria Stoddard said “McGinness has left, so we need to make sure everyone knows that even though his name is on the ballot, he is not eligible to run for the city council position.” She said “it would be a waste of a vote if they vote for him.”

Stoddard said: “We called to try to stop the ballots from being printed and they already had been printed.” If he wins a position, it would create a vacancy, which the council would have to make an appointment to fill the term.

She only remembered “this happening once, and they picked another candidate” running for the council seats in Plymouth. It was four people running for two positions.

Kyles said she has met a person interested in taking a planning commission appointment to take her place on the commission, after the election.

Peter Amoroso said he was aware that the council could choose to make an appointment besides selecting from the two valid candidates.

Stoddard, Kyles and City Manager Dixon Flynn discussed the situation Thursday after adjournment of a joint meeting of the council and planning commission, which discussed a draft housing element update for the city General Plan.

Story by Jim Reece. This email address is being protected from spambots. You need JavaScript enabled to view it.

Amador County – The Jackson City Council deadlocked Tuesday over a decision to change the city’s sign ordinance after a Jackson resident complained that no special exception should be made for a local sign shop owner.

Thornton Consolo of Jackson said he filed a complaint with the council two weeks previous “after recognizing three signs for local political candidates that were out of compliance with city code.”

The signs were approximately 32 square feet – twice what is allowed under the ordinance.

After two of the signs were promptly removed, the complaint quickly focused in on a third sign located in front of Merzlak Signs, prompting a special meeting of the city council in order to gather the opinion of the city attorney.

Consolo said Merzlak Signs was giving certain candidates an unfair advantage. “If we change the sign ordinance, we’ll be doing it only to accommodate one particular person,” he said.

In his defense, Kam Merzlak said he is merely displaying the product his business creates, but he is being singled out because the signs he currently displays happen to be for candidates who Consolo opposes.

Consolo readily admitted that he supports an opposing candidate. “If my candidate doesn’t buy his signs there then he is clearly at an unlawful disadvantage,” he said.

Merzlak said: “I make signs to display outside the city of Jackson that go over that size limit because the county and city are not held to those same constraints. It’s so out of line that I’m the only business within the city limits being asked not to display its work.”

“For 20 plus years I’ve been making and displaying signs in their current location…with no prior complaints,” he added.

Merzlak says it is also necessary to leave the signs in front of his shop for more practical reasons, including drying time and after-hour pickups.

Councilmember Marilyn Lewis pointed out that Consolo made a contradictory complaint four years ago asking to allow larger signs for her campaign. Consolo told TSPN this was untrue. “They were setting sign limits at the time and it was my opinion that they should be able to have larger signs,” he said.

City Manager Daly said he is unsure about the actual penalty for sign ordinance violations, as there has been “no historical concern” over the regulation.

The council voted 3-2 in favor of changing the ordinance to allow larger signs, with Councilmembers Wayne Garibaldi and Keith Sweet against. Since a four-fifths vote was needed, the ordinance remains unchanged. Sweet said he was concerned about changing the ordinance to accommodate one person, and both councilmen did not want to make changes before the election.

The city council requested the city planning commission look at the ordinance to consider size revisions consistent with the county ordinance and other cities in the county.

Story by Alex Lane. This email address is being protected from spambots. You need JavaScript enabled to view it.

Amador County – The Jackson City Council deadlocked Tuesday over a decision to change the city’s sign ordinance after a Jackson resident complained that no special exception should be made for a local sign shop owner.

Thornton Consolo of Jackson said he filed a complaint with the council two weeks previous “after recognizing three signs for local political candidates that were out of compliance with city code.”

The signs were approximately 32 square feet – twice what is allowed under the ordinance.

After two of the signs were promptly removed, the complaint quickly focused in on a third sign located in front of Merzlak Signs, prompting a special meeting of the city council in order to gather the opinion of the city attorney.

Consolo said Merzlak Signs was giving certain candidates an unfair advantage. “If we change the sign ordinance, we’ll be doing it only to accommodate one particular person,” he said.

In his defense, Kam Merzlak said he is merely displaying the product his business creates, but he is being singled out because the signs he currently displays happen to be for candidates who Consolo opposes.

Consolo readily admitted that he supports an opposing candidate. “If my candidate doesn’t buy his signs there then he is clearly at an unlawful disadvantage,” he said.

Merzlak said: “I make signs to display outside the city of Jackson that go over that size limit because the county and city are not held to those same constraints. It’s so out of line that I’m the only business within the city limits being asked not to display its work.”

“For 20 plus years I’ve been making and displaying signs in their current location…with no prior complaints,” he added.

Merzlak says it is also necessary to leave the signs in front of his shop for more practical reasons, including drying time and after-hour pickups.

Councilmember Marilyn Lewis pointed out that Consolo made a contradictory complaint four years ago asking to allow larger signs for her campaign. Consolo told TSPN this was untrue. “They were setting sign limits at the time and it was my opinion that they should be able to have larger signs,” he said.

City Manager Daly said he is unsure about the actual penalty for sign ordinance violations, as there has been “no historical concern” over the regulation.

The council voted 3-2 in favor of changing the ordinance to allow larger signs, with Councilmembers Wayne Garibaldi and Keith Sweet against. Since a four-fifths vote was needed, the ordinance remains unchanged. Sweet said he was concerned about changing the ordinance to accommodate one person, and both councilmen did not want to make changes before the election.

The city council requested the city planning commission look at the ordinance to consider size revisions consistent with the county ordinance and other cities in the county.

Story by Alex Lane. This email address is being protected from spambots. You need JavaScript enabled to view it.

Amador County – The Plymouth City Council 2010 election became an uncontested race at the end of September when one of the candidates moved out of Plymouth.

Candidate Sean McGinness moved out of town at the end of September, which made the three-person race for two seats now an uncontested race. But one problem has arisen in that McGinness’ name will still be on the ballot.

Candidate Sandy Kyles, a planning commissioner appointed by Councilman Greg Baldwin, said Thursday that she was contemplating putting up campaign signs because the city attorney said if McGinness wins one of the seats, it would leave a vacancy on the council.

City Clerk Gloria Stoddard said “McGinness has left, so we need to make sure everyone knows that even though his name is on the ballot, he is not eligible to run for the city council position.” She said “it would be a waste of a vote if they vote for him.”

Stoddard said: “We called to try to stop the ballots from being printed and they already had been printed.” If he wins a position, it would create a vacancy, which the council would have to make an appointment to fill the term.

She only remembered “this happening once, and they picked another candidate” running for the council seats in Plymouth. It was four people running for two positions.

Kyles said she has met a person interested in taking a planning commission appointment to take her place on the commission, after the election.

Peter Amoroso said he was aware that the council could choose to make an appointment besides selecting from the two valid candidates.

Stoddard, Kyles and City Manager Dixon Flynn discussed the situation Thursday after adjournment of a joint meeting of the council and planning commission, which discussed a draft housing element update for the city General Plan.

Story by Jim Reece. This email address is being protected from spambots. You need JavaScript enabled to view it.

Amador County – A recent applicant for a medical marijuana dispensary in Sutter Creek spoke with the city planning commission Wednesday, asking for a determination for related zoning for a facility there.

The commission directed “staff to prepare and bring back a zoning consistency determination for the Motherlode Wellness Center” for the November Planning Commission meeting.

They also advised staff that “the commission does not feel a conditional use permit is a suitable way to go,” said Commissioner Frank Cunha, “but it’s their call” and staff may want to look at that method of zoning.

Cunha also moved that staff look into existing facilities to get opinions from local jurisdictions about them. He said he’d like to have staff “research numerous other existing facilities, and I’d like them to be in smaller communities similar to ours.” He asked staff to look at communities similar in size to Sutter Creek.

Planning Commission Chairman Cort Strandberg said it was not a public hearing but only a public input session about the issue. Commission clerk Mary Beth Van Voorhis introduced business partners, husband and wife, John Brown and Kasha Brown, owners and board members of Motherlode Wellness Center.

John Brown gave a presentation on the facility and answered questions about their corporation, which he said has five to seven dispensaries in Lassen County and the Bay Area. He said it was formed under the state “Compassionate Use Act” which legalized medical marijuana.

Van Voorhis said Motherlode Wellness had a completed application pending with the city for a conditional use permit for a marijuana dispensary, when the council repealed its code pertaining to the establishment of a dispensary. She said “due to the city council action, their application – per the city attorney – pretty much died on the table.”

Van Voorhis said the Browns “asked that the city keep their application deposit and give the corporation a zoning consistency determination for the facility.

City Manager Sean Rabe in a report to the commission said because the council took action September 20th repealing the ordinances, “the city can no longer process the conditional user permit application.”

Rabe said Motherlode Wellness “asked for a zoning consistency determination on whether or not a medical cannabis dispensary is an additional permitted use” under particular city zoning ordinance. They also sought a determination on whether a conditional use permit could allow it.

Rabe recommended the commission direct he and City Attorney Derek Cole “to prepare a draft determination for the commission to review and possibly act on” at its November regular meeting.

Story by Jim Reece. This email address is being protected from spambots. You need JavaScript enabled to view it.

Amador County – The Sutter Creek Planning Commission heard briefly from members of a marijuana growing and distribution collective on Wednesday, and directed staff to work on a draft determination for zoning.

Commission Chair Cort Strandberg said it was not a public hearing, but the public did speak. The commission received a presentation by John Brown, and his wife, Kasha Brown, board members of Motherlode Wellness Center.

John Brown said the facility follows state medical marijuana law, including surveillance and other regulations, and the corporation removes cannabis from its dispensaries at night.

Commissioner Frank Cunha asked if the collective could give the city a list of its facilities, “so staff can check with local jurisdictions and get some opinions.”

Commissioner Robin Peters asked about the difference between a dispensary, a collective and a cooperative, all terms Brown used in his presentation.

Brown said a cooperative can be a grower or a consumer cooperative. Kasha Brown read from an attorney general’s opinion on interpreting state medical marijuana law, and said a collective is a more typical type of patient association, but is “does not imply a specific legal structure.”

Cunha asked if they had their own growers, and also if they would “solicit growers” locally to join. Brown said “we own quite a bit of property in Lassen County” and land in Oregon, they have a grower with 15 years’ experience, and “we have no shortage of medicine.” He said they would not solicit local growers.

Peters asked if they would sell the marijuana of their members. Brown said: “It’s not necessary, so the answer is no.”

Ed Swift asked: “When you take it off the premises every night, where do you take it?”

Brown said: “We package it up very nicely and we take it home,” safeguarding it under lock and key. He said the medicine would be transported back and forth to Sutter Creek on a daily basis. That’s how it works.”

Robert Allen urged the commission to allow the zoning, saying: “I’d like to see safe access to quality medicine in Sutter Creek.” He said the city’s own ordinance included safety, security, tracking and insurance.

The commission could consider a draft determination on the issue at its regular November meeting.

Story by Jim Reece. This email address is being protected from spambots. You need JavaScript enabled to view it.