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Lassen County Public Notices for the week of 12/12/17

LASSEN COUNTY

SHERIFF’S OFFICE

INVITATION FOR BIDS

FOR

FIVE (5) NEW 2018 SPECIAL SERVICE 1/2-TON CREW CAB

PICKUP 4X4

Notice is hereby given that the Lassen Co. Sheriff’s Office will receive sealed bids for the purchase of Five (5) new 2018 Special Service Vehicle 1/2-Ton Crew Cab Pickups subject to the terms, conditions, specifications, and provisions, set forth in this Invitation for Bids beginning December 1, 2017.

Sealed bids will be accepted at the Lassen County Sheriff’s Office, 1415 Sheriff Cady Ln., Susanville, CA 96130 on or before December 12, 2017 at 3:00 PM.

For bid form, specifications and additional information please contact Capt. Kevin Jones, Lassen County Sheriff’s Office at [email protected] or by phone at (530) 251-8013. Bid specifications can also be found on the County of Lassen website at www.lassencounty.org.

For the County of Lassen

Capt. Kevin Jones

Lassen Co. Sheriff’s Office

Published LCT

Dec. 5, 12, 2017|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F108

The following person(s) is/are doing business as: Lassen Public Safety

Business Address: 465-960 Lazy J Lane, Janesville, CA 96114, County of Lassen

Ryan Glenn Pettus, 2950 Main Street, Unit 12-302, Susanville, CA 96130

This business is conducted by: Individual

The registrant(s) commenced to transact business under the above name(s) on N/A

Signed: /s/Ryan Glenn Pettus

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: November 9, 2017

Julie M. Bustamante, County Clerk

By: Susan Shrum, Deputy

First Filing

11/21, 11/28, 12/5, 12/12/17

CNS-3073011#

LASSEN COUNTY TIMES

Published LCT

Nov. 21, 28, Dec. 5, 12, 2017|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F104

The following person(s) is/are doing business as: EA Family Services.

Business Address: 350 West Main St., Quincy, CA 95971.

Registrant: Environmental Alternatives, 350 West Main St., Quincy, CA 95971.

This business is conducted by: Corporation.

The registrant(s) commenced to transact business under the above name(s) on Oct. 12, 2017. Signed: /s/ Tim Wilkinson, Executive Director.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: Nov. 6, 2017

Julie M. Bustamante, County Clerk

First Filing

Published LCT

Dec. 5, 12, 19, 26, 2017|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F109

The following person(s) is/are doing business as: Courthouse Cafe LLC.

Business Address: 2455 Main St., Susanville, CA 96130.

Registrant: Jose Y. Yartinez

This business is conducted by: Limited Liability Company. Signed: /s/ Jose y. Yartinez This statement was filed in the office of the County Clerk of Lassen County on the date indicated below: Filed: Nov. 27, 2017

Julie M. Bustamante, County Clerk

Published LCT

Dec. 5, 12, 19, 26, 2017|

 

 

Herlong property sale

T.S. No.: 2017-01871-CA

A.P.N.:139-080-07-11

Property Address: 740-300 Sage Valley Rd, Herlong, CA 96113

NOTICE OF TRUSTEE’S SALE

PURSUANT TO CIVIL CODE § 2923.3(a) and (d), THE SUMMARY OF INFORMATION REFERRED TO BELOW IS NOT ATTACHED TO THE RECORDED COPY OF THIS DOCUMENT BUT ONLY TO THE COPIES PROVIDED TO THE TRUSTOR.

NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED

IMPORTANT NOTICE TO PROPERTY OWNER:

YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 12/02/2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.

Trustor: Lee Schroeder, An Unmarried Man

Duly Appointed Trustee: Western Progressive, LLC

Deed of Trust Recorded 12/13/2004 as Instrument No. 2004-11676 in book –, page– and of Official Records in the office of the Recorder of Lassen County, California,

Date of Sale: 01/05/2018 at 02:00 PM

Place of Sale: AT THE MAIN ENTRANCE TO THE LASSEN COUNTY COURTHOUSE 200 BLOCK OF SOUTH LASSEN STREET, SUSANVILLE, CA 96130.

Estimated amount of unpaid balance, reasonably estimated costs and other charges: $ 86,074.29

NOTICE OF TRUSTEE’S SALE

THE TRUSTEE WILL SELL AT PUBLIC AUCTION TO HIGHEST BIDDER FOR CASH, CASHIER’S CHECK DRAWN ON A STATE OR NATIONAL BANK, A CHECK DRAWN BY A STATE OR FEDERAL CREDIT UNION, OR A CHECK DRAWN BY A STATE OR FEDERAL SAVINGS AND LOAN ASSOCIATION, A SAVINGS ASSOCIATION OR SAVINGS BANK SPECIFIED IN SECTION 5102 OF THE FINANCIAL CODE AND AUTHORIZED TO DO BUSINESS IN THIS STATE:

All right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described as:

More fully described in said Deed of Trust.

Street Address or other common designation of real property: 740-300 Sage Valley Rd, Herlong, CA 96113

A.P.N.: 139-080-07-11

The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above.

The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust with interest thereon, as provided in said note(s), advances, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is:

$ 86,074.29.

Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt.

If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse.

The beneficiary of the Deed of Trust has executed and delivered to the undersigned a written request to commence foreclosure, and the undersigned caused a Notice of Default and Election to Sell to be recorded in the county where the real property is located.

NOTICE OF TRUSTEE’S SALE

NOTICE TO POTENTIAL BIDDERS:  If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself.  Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on this property.

NOTICE TO PROPERTY OWNER:  The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (866)-960-8299 or visit this Internet Web site www.altisource.com/MortgageServices/DefaultManagement/TrusteeServices.aspx using the file number assigned to this case 2017-01871-CA. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site.  The best way to verify postponement information is to attend the scheduled sale.

Western Progressive, LLC, as Trustee for beneficiary

C/o 1500 Palma Drive, Suite 237

Ventura, CA 93003

Sale Information Line:  (866) 960-8299

www.altisource.com/MortgageServices/DefaultManagement/TrusteeServices.aspx

Trustee Sale Assistant

Date: November 14, 2017

WESTERN PROGRESSIVE, LLC MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

Published LCT

Dec. 5, 12, 19, 2017|

 

 

Proposed name change

SUPERIOR COURT OF CALIFORNIA,

COUNTY OF LASSEN

Hall of Justice, 2610 Riverside Dr.,

Susanville, CA 96130.

Petition of SCOTT T. FARIA (GEORGE) for change of name

ORDER TO SHOW CAUSE FOR

CHANGE OF NAME

Case Number: 61144

TO ALL INTERESTED PERSONS:

Petitioner Scott Timothy George filed a petition with this court for a decree changing names as follows:

Present name: SCOTT TIMOTHY GEORGE to Proposed name: SCOTT TIMOTHY FARIA.

THE COURT ORDERS that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing.

NOTICE OF HEARING

Date: January 9, 2018

Time: 9:00 a.m., Dept. 2C.

The address of the court is same as noted above.

A copy of this Order to Show Cause shall be published at least once each week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county: Lassen County Times.

Date: Nov. 27, 2017

/s/Tony Mallery, Judge of the Superior Court.

Filed: Nov. 27, 2017

  1. Sibert, Deputy Clerk

Published LCT

Dec. 5, 12, 19, 26, 2017|

 

Bids for surplus property

NOTICE IS HEREBY GIVEN that the Board of Trustees of WESTWOOD UNIFIED SCHOOL DISTRICT declared its unused and no longer needed property as “surplus” property. The district has elected to proceed with accepting bids for a Lease-Purchase for Real Property at 426 County HWY A-21, Westwood, CA  96137.  Detailed information along with Bid Specification and Bid Form #1801 are posted at 4th and Greenwood, Westwood, CA  96137 or online at www.westwoodusd.org. Contact Courtney Russell at (530)256-0112 or email [email protected] for questions.

Published LCT

Nov. 28, Dec. 5, 12, 2017|

 

 

Westwood property sale

APN: 123-061-09-11 TS No: CA12000003-17-1 TO No: 170229699-CA-VOI NOTICE OF TRUSTEE’S SALE (The above statement is made pursuant to CA Civil Code Section 2923.3(d)(1).  The Summary will be provided to Trustor(s) and/or vested owner(s) only, pursuant to CA Civil Code Section 2923.3(d)(2).) YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED October 6, 2014.  UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE.  IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On January 8, 2018 at 02:00 PM, at the main entrance of the Lassen County Courthouse, 200 Block of South Lassen Street, Susanville, CA 96130, MTC Financial Inc. dba Trustee Corps, as the duly Appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust recorded on October 21, 2014 as Instrument No. 2014-04569, of official records in the Office of the Recorder of Lassen County, California, executed by KARL D WIRTH, AN UNMARRIED MAN, as Trustor(s), in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for BANC OF CALIFORNIA, NATIONAL ASSOCIATION, DBA BANC HOME LOANS as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN SAID DEED OF TRUST The property heretofore described is being sold “as is”.  The street address and other common designation, if any, of the real property described above is purported to be: 666- 935 SPRING CREEK DRIVE, WESTWOOD, CA 96137 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee’s Sale is estimated to be $114,525.21 (Estimated).  However, prepayment premiums, accrued interest and advances will increase this figure prior to sale.  Beneficiary’s bid at said sale may include all or part of said amount.  In addition to cash, the Trustee will accept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the Trustee.  In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee’s Deed Upon Sale until funds become available to the payee or endorsee as a matter of right.  The property offered for sale excludes all funds held on account by the property receiver, if applicable. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice to Potential Bidders If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a Trustee auction.  You will be bidding on a lien, not on the property itself.  Placing the highest bid at a Trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien.  If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property.  You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder’s office or a title insurance company, either of which may charge you a fee for this information.  If you consult either of these resources, you should be aware that the same Lender may hold more than one mortgage or Deed of Trust on the property. Notice to Property Owner The sale date shown on this Notice of Sale may be postponed one or more times by the Mortgagee, Beneficiary, Trustee, or a court, pursuant to Section 2924g of the California Civil Code.  The law requires that information about Trustee Sale postponements be made available to you and to the public, as a courtesy to those not present at the sale.  If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call In Source Logic at 702-659-7766 for information regarding the Trustee’s Sale or visit the Internet Web site address listed below for information regarding the sale of this property, using the file number assigned to this case, CA12000003-17-1.  Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site.  The best way to verify postponement information is to attend the scheduled sale. Date: December 4, 2017 MTC Financial Inc. dba Trustee Corps TS No. CA12000003-17-1 17100 Gillette Ave Irvine, CA 92614 Phone: 949-252-8300 TDD: 866-660-4288 Myron Ravelo, Authorized Signatory SALE INFORMATION CAN BE OBTAINED ON LINE AT www.insourcelogic.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: In Source Logic AT 702-659-7766 Trustee Corps may be acting as a debt collector attempting to collect a debt.  Any information obtained may be used for that purpose.ISL Number 35942, Pub Dates: 12/12/2017, 12/19/2017, 12/26/2017, LASSEN COUNTY TIMES

Published LCT

Dec. 12, 19, 26, 2017|

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F113

The following person(s) is/are doing business as: JLH Cleaning.

Business Address: 710-670 Sunnyside Rd., Janesville, CA 96114.

Registrants: Laura Kaye Hovland, 710-670 Sunnyside Rd., Janesville, CA 96114;

James Harold Hovland, 710-670 Sunnyside Rd., Janesville, CA 96114.

This business is conducted by: Husband and Wife.

Signed: /s/ Laura Hovland.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: Dec. 1, 2017

Julie M. Bustamante, County Clerk

First Filing

Published LCT

Dec. 12, 19, 26, 2017, Jan. 2, 2018|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F114

The following person(s) is/are doing business as:  S and S Sales.

Business Address: 702-400 Johnstonville Rd., Susanville, CA 96130.

Registrants: Shaun Simmons, PO Box 270874, Susanville, CA 96127.

This business is conducted by: Individual.

Signed: /s/ Shaun Simmons

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: Dec. 5, 2017

Julie M. Bustamante, County Clerk

First Filing

Published LCT

Dec. 12, 19, 26, 2017, Jan. 2, 2018|

 

 

FICTITIOUS BUSINESS

NAME STATEMENT

  1. 2017F115

The following person(s) is/are doing business as:  Susanville Ford, Susanville Chrysler Dodge Jeep Ram.

Business Address: 704-485 Richmond Road E., Susanville, CA 96130.

Registrants: Jeremy Cunningham, 6995 Vista La Vega, Shingletown, CA 96088;

Cunningham Auto Group Inc., 481 Cypress Ave., Redding CA 96002.

This business is conducted by: Corporation.

Registrant has not yet begun to transact business under the fictitious business name listed herein.

Signed: /s/ Jeremy Cunningham, President, Cunningham Auto Group Inc.

This statement was filed in the office of the County Clerk of Lassen County on the date indicated below:

Filed: Dec. 6, 2017

Julie M. Bustamante, County Clerk

Published LCT

Dec. 12, 19, 26, 2017, Jan. 2, 2018|

 

Diamond Mountain Watershed Restoration

and Wildland Urban Interface Project

USDA Forest Service

Lassen National Forest

Eagle Lake Ranger District

Lassen County, California

Notice of Objection:  Diamond Mountain Watershed Restoration and Wildland Urban Interface Project.

A Final Environmental Assessment (FEA) and a draft Decision Notice/Finding Of No significant Impact (DN/FONSI) for the above Healthy Forests Restoration Act (HFRA) authorized fuel reduction project is available for review. This pre-decisional objection period is intended to provide those interested in or affected by this action an opportunity to make their concerns known prior to a decision being made. The project is located in Township (T) 29 North (N), Range (R) 11 East (E), Sections 31 and 32; T28N, R11E, Sections 1 through 6, 10 and 11; T28N, R12E, Sections 4 through 6 and 8 through 16; T29N, R12E section 34 of the Mount Diablo Meridian.  Copies of the FEA are available at the Eagle Lake Ranger District, 477-050 Eagle Lake Road, Susanville, CA 96130, (530) 257-4188 or via the worldwide web at: www.fs.usda.gov/projects/lassen/landmanagement/projects. The Responsible Official, Dave Hays, intends to select the proposed action, which includes variable density thinning, tree removal, and prescribed burning in order to meet fuels and vegetation management objectives. Within the project area, combinations of mechanical harvesting, biomass removal, and hand thinning would be used. The project area was considered to evaluate opportunities to implement hazardous fuel reduction treatments, as well as watershed restoration and forest health activities within a high priority WUI. Additionally, this project would improve ecological sustainability, increase public and firefighter safety, and stimulate economic activity in timber-dependent communities. Additional information regarding this FEA and/or the predecisional administrative review process (objection) can be obtained from Chuck Lewis, Interdisiplinary Team Leader, by phone at (530) 252-5832.

Opportunity to Object:  This hazardous fuel reduction project is subject to the pre-decisional objection process pursuant to 36 CFR 218, Subparts A & C. It is not subject to the notice, comment, and appeal procedures found at 36 CFR 215 (36 CFR 218.20). Only those individuals and organizations who previously submitted timely, specific written comments regarding a proposed project or activity during scoping or any other instance where the responsible official solicited written comments, have standing to file an objection (36 CFR 218.5(a)).

Notices of objection must meet the specific content requirements of 36 CFR 218.8. Written objections, including attachments, must be filed (regular mail, fax, e-mail, hand-delivery, express delivery, or messenger service) with the appropriate Reviewing Officer within 30 days (36 CFR 218.32 (a)) from the publication date of this notice in the Lassen County Times. Objections must include:  1) name, address and telephone; 2) signature or other verification of authorship; 3) identify a single lead objector when applicable; 4) project name, Responsible Official name and title, and name of affected National Forest(s) and/or Ranger District(s); 5) reasons for, and suggested remedies to resolve, your objections; and, 6) description of the connection between your objections and your prior comments (36 CFR 218.8(d)). Incorporation of documents by reference shall not be allowed with the exception of certain documents found at 36 CFR 218.8 (b). The publication date of this notice is the exclusive means for calculating the time period to file an objection (36 CFR 218.6(c). Those wishing to object should not rely upon dates or timeframe information provided by any other source. Objections sent by mail or delivery service must be postmarked by the closing date of the filing period.

Objections must be submitted to: Randy Moore, Reviewing Officer, 1323 Club Drive, Vallejo, CA 94592, (707) 562-8737.  Ojections may be submitted by FAX [707-562-9229] or by hand-delivery to the Regional Office, at the address shown above, during normal business hours (Monday-Friday 8:00am to 4:30pm). Electronic objections, in acceptable [plain text (.txt), rich text 9.rtf) or Word (.doc)] formats, may be submitted to [email protected] with Subject: Diamond Mountain Project Objection.

The Responsible Official may not issue a decision for this hazardous fuel reduction project until the Reviewing Officer has responded to all pending objections. The Reviewing Officer shall issue a written response to the objector(s) concerning their objection(s) within 30 days following the end of the objection-filing period. When no objections are filed within the 30-day time period, the decision may occur on, but not before, the fifth business day following the end of the objection-filing period (36 CFR 218.12 (c)(2)).

Published LCT

Dec. 12, 2017|

 

ORDINANCE NO. 17-1012

AN INTERIM-URGENCY ORDINANCE OF THE CITY OF SUSANVILLE REGULATING MEDICAL AND ADULT USE CANNABIS ACTIVITIES PENDING ADOPTION OF A PERMANENT ORDINANCE

WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and

WHEREAS, the City passed Ordinance No. 05-919 on July 20, 2005 prohibiting medical marijuana dispensaries in all zones; and

WHEREAS, the City passed Ordinance No. 15-1002 on December 2, 2015, prohibiting the cultivation of medical marijuana in all zones; and

WHEREAS, on November 8, 2016, California residents passed the Adult Use of Marijuana Act (AUMA / Proposition 64) with a majority of votes; and

WHEREAS, In June 2017 the state legislature approved Senate Bill 94 and AB 110, which repealed the Medical Cannabis Regulation and Safety Act (MCRSA) and incorporated certain provisions of MCRSA into the AUMA creating the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA); and

WHEREAS,  to regulate commercial use of cannabis, the MAUCRSA  modifies Division 10 (Cannabis) of the Business & Professions Code, the purpose and intent of which is to “establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both of the following: 1) Medicinal Cannabis and medicinal cannabis products for patients with valid physician’s recommendations; 2) Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over.”; and

WHEREAS, the MAUCRSA renames the Bureau of Medical Cannabis as the Bureau of Cannabis Control and empowers the Bureau of Cannabis Control to adopt regulations consistent with the changes in the law; and

WHEREAS, the emergency rule making process will be used to implement temporary regulations which will most likely be in effect by January 1, 2018; and

WHEREAS,  the MAUCRSA states that a local jurisdiction shall not prevent transportation of cannabis or cannabis products on public roads by a licensee transporting cannabis or cannabis products in compliance with Division 10; and

WHEREAS,  the MAUCRSA authorizes cities to “reasonably regulate” without completely prohibiting personal cultivation of cannabis; and

WHEREAS,  the MAUCRSA states it shall not be a violation of state and local law for persons 21 years of age or older to possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever up to 28.5 grams of cannabis not in the form of concentrated cannabis or not more than eight grams of cannabis in the form of concentrated cannabis contained in cannabis products; and

WHEREAS, the MAUCRSA states it shall not be a violation of state and local law to possess, plant, cultivate, harvest, dry, or process not more than six living cannabis plants and possess the cannabis produced by the plants.

WHEREAS, the MAUCRSA states it shall not be a violation of state and local law for individuals to smoke or ingest cannabis or cannabis products; and

WHEREAS, the MAUCRSA authorizes cities to completely prohibit the establishment or operation of any cannabis business licensed under Division 10 within its jurisdiction, including cannabis dispensaries, cannabis retailers, and cannabis delivery services; and

WHEREAS, absent appropriate local regulation authorized by the MAUCRSA, state regulations will control; and

WHEREAS, the California Attorney General’s August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use recognizes that the cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that nearby homes or businesses may be negatively impacted by nuisance activity such as loitering or crime; and

WHEREAS, under the Federal Controlled Substance Act, the use, possession, and cultivation of any amount of marijuana (i.e., cannabis) are unlawful and subject to federal prosecution without regard to a claimed medical need; and

WHEREAS, the indoor and outdoor cultivation of cannabis has potential adverse effects to the health and safety of City residents, visitors, and employees and those in nearby residences or businesses including: structural damage to buildings from unpermitted renovations and alterations to buildings or structures; increased moisture and excessive mold, bacterial, and fungal growth among others; increased risk of fire and electrocution from improper or overburdened electrical circuits and wiring; noxious odors and fumes from plants or pesticides, fertilizers, and other chemicals associated with cannabis cultivation or cannabis activities such as oil extraction or concentration; increased trash and refuse; potential access to cannabis by minors; increased demand for fire and police services; increased sewage treatment expenses from drain disposal of irrigation water or surface stream water quality impacts from runoff and illegal dumping, among others.; and

WHEREAS, based on the experiences of other cities, these negative effects on the public health, safety, and welfare are likely to occur, and continue to occur, in the City due to the establishment and operation of cannabis activities in the period before a non-urgency ordinance would become effective; and

WHEREAS, based on the findings above the potential establishment of cannabis activities in the City without regulation poses a current and immediate threat to the public health, safety and welfare in the City due to the negative land use and other impacts of such uses as described above; and

WHEREAS, it is in the interest of the City, its residents, and its lawfully permitted businesses that City staff consider zoning, zoning ordinance amendments, and/or other measures to locally regulate cannabis activities in the City; and

WHEREAS, California Government Code Section 65858 expressly authorizes the City Council to adopt by four-fifth (4/5) vote, without following the procedures otherwise required for the adoption of a zoning ordinance, an interim-urgency ordinance which is necessary for the immediate protection of the public health, safety, and welfare; and

WHEREAS,  it is the present intention of the City Council to keep this interim-urgency ordinance in effect only until the adoption of an ordinance establishing regulations regarding cannabis activities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUSANVILLE DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council of the City of Susanville hereby finds and determines that all of the above Recitals are true and correct and incorporates such Recitals into this Ordinance as is fully set forth herein.

SECTION 2. Findings.

The City Council hereby finds, determines and declares that this Urgency Ordinance adopted pursuant to California Government Code Section 65858 is necessary because:

  • Certain provisions of the MAUCRSA become effective January 1, 2018, which may lead to state licensing of cannabis activities including cultivation, distribution, transport, delivery, storage, manufacturing, processing, and sale of both of the following: 1) Medicinal Cannabis and medicinal cannabis products for patients with valid physician’s recommendations; 2) Adult-use cannabis and adult-use cannabis products for adults 21 years of age and over”.
  • To allow time for the City to consider, study, and enact comprehensive and detailed regulations for cannabis activities, it is necessary to adopt an interim-urgency ordinance prohibiting all cannabis activities, especially commercial cannabis activities, to the extent that the City has the authority to prohibit cannabis activities within its jurisdiction under local and state law, in all zones of the City.
  • An interim-urgency ordinance will provide the City with time to study potential impacts cannabis activities may have on the public health, safety, and welfare.
  • Without the imposition of an interim-urgency ordinance the City anticipates that one (1) or more cannabis activities (e.g., businesses such as dispensary, commercial cultivation operations, etc.) may locate in the City before a non-urgency ordinance would become effective, and that such uses may pose serious risks to the public health, safety, and welfare.
  • There is a current and immediate threat to the public health, safety, and welfare of the City and its community, thereby necessitating the immediate enactment of an interim-urgency ordinance in order to ensure that cannabis activities are prohibited in the City. Prohibition of cannabis activities through this interim-urgency ordinance will allow the City sufficient time to research, prepare, and enact a comprehensive ordinance for the regulation of commercial (i.e., involving sales and monetary transactions) and non-commercial (i.e., personal use) cannabis activities.

SECTION 3. Urgent Need.

Based on the foregoing recitals and findings, all of which the City Council deems true and correct, this interim-urgency ordinance is needed for the immediate preservation of the public health, safety, and welfare. This interim-urgency ordinance shall take effect immediately upon adoption and shall be of no further force and effect forty-five (45) days following the date of its adoption unless extended in accordance with the provisions set forth in Government Code Section 65858.

SECTION 4. Definitions.

For purposes of this Title, the following definitions shall apply:

  • “Cannabis” is to be interpreted broadly to mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code.
  • “Cannabis accessories” is to be interpreted broadly to mean any equipment, products or materials of any kind which are used, intended for use, or designed for use in planning, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing cannabis or cannabis products into the human body.
  • “Cannabis activities” is to be interpreted broadly to include any one or more of the following: the cultivation possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, distribution, delivery or sale of cannabis and cannabis products.
  • “Cannabis products” is to be interpreted broadly to mean cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
  • “Cultivation” is to be interpreted broadly to mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
  • “Delivery” is to be interpreted broadly to mean the commercial transfer or sale of cannabis or cannabis products to a customer. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law, that enables customers to arrange for or facilitate the commercial transfer or sale by a licensed retailer of cannabis or cannabis products.
  • “Distribution” is to be interpreted broadly to mean the procurement, sale, and transport of cannabis and cannabis products between entities for commercial use purposes.
  • “Licensee” means the holder of any state issued license related to cannabis activities, including but not limited to licenses issued under Division 10 of the Business & Professions Code.
  • “Manufacture” is to be interpreted broadly to mean to compound, blend, extract, infuse, or otherwise make or prepare cannabis products.
  • “Person” includes any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
  • “Personal Cultivation” means cultivation of cannabis as allowed under paragraph (3) of subdivision (a) of Section 11362.1 of the California Health and Safety Code. Personal Cultivation is subject to the restrictions contained within 11362.2 of the California Health of Safety Code.
  • “Private residence” means a house, an aprtment unit, a mobile home, or other similar residential dwelling with a postal address.
  • “Sale”, “sell”, and “to sell” are to be interpreted broadly to include any transaction whereby, for any consideration, title to cannabis or cannabis products are transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee form whom such cannabis or cannabis product was purchased.
  • Any term defined in this Section also includes any meaning given the same term as defined in Section 26001 of the California Business & Professions Code or similar definitional sections of the California Health & Safety Code, unless otherwise specified.

SECTION 5. Prohibited Use.

For the period of this interim-urgency ordinance or any extension thereof cannabis activities, as defined herein, shall be prohibited uses and unlawful in all zoning districts and other parts of the City, with the exception of those non-commercial cannabis activities expressly deemed to be lawful under state and local law in the MAUCRSA such as those listed in Health and Safety Code section 11362.1.  However, personal cultivation of up to six cannabis plants outside upon the grounds of a private residence shall also be prohibited as allowed under Health and Safety Code section 11362.2(b)(3).  However, notwithstanding any other provision of this ordinance, the personal non-commercial cultivation for personal use of up to six cannabis plants within a private residence as described in Health and Safety Code section 11362.2(a) shall not be prohibited by this ordinance, but the City may develop and enact reasonable regulations to regulate such activity as provided in Health and Safety Code 11362.2(b)(1).  During the effective period of this interim-urgency ordinance, no cannabis activities shall be established or continued if previously established, and no use permit, variance, building permit, or any other entitlement or permit, whether administrative, ministerial, or discretionary, shall be approved or issued for  cannabis activities herein in any zoning district or other area within the City, and no person shall otherwise establish such businesses or operations conducting cannabis activities in any zoning district or other area within the City.

SECTION 6. Penalty for Violation.

No person, whether as principal, agent, employee or otherwise, shall violate, cause the violation of, or otherwise fail to comply with any of the requirements of this ordinance. Every act prohibited or declared unlawful by this ordinance, and every failure to perform an act made mandatory by this ordinance, shall be a misdemeanor.  Violations of this ordinance may, but need not be, be prosecuted as a misdemeanor or an infraction, at the discretion of the City Attorney or the District Attorney.  The City Attorney or District Attorney shall consider the following factors in exercising his or her discretion to prosecute the violation as an infraction: (a) the severity of the threat of the cannabis activity causing the violation to public safety; (b) whether the violation is a first offense; (c) whether the violation did or did not place minors under the age of 18 at significant risk; and (d) any other factor that the City or District Attorney finds merits a lesser punishment then a misdemeanor.   Any violations of this ordinance may be prosecuted criminally and/or civilly.  In addition to the penalties provided in this section, any activity, circumstance, or condition caused or permitted to exist in violation of any of the provisions of this ordinance is declared a public nuisance and may be abated as provided in this Municipal Code and/or under state law.

SECTION 7. Authority.

This interim-urgency ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Susanville by Government Code Section 65858, and therefore shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. This interim-urgency ordinance shall continue in effect for forty-five days (45) from the date of its adoption and shall thereafter be of no further force and effect unless, after notice pursuant to Government Code 65090 and a public hearing, the City extends the interim-urgency ordinance for an additional period of time pursuant to Government Code 65858. Government Code 65858 further provides that such an urgency measure may be extended for up to an additional twenty-two (22) months and fifteen (15) days beyond the original forty-five (45) day period.

SECTION 8. Council Direction.

During the period of this interim-urgency ordinance, and any extension thereof, the City Council hereby directs City staff to: (1) study, consider, and recommend potential regulations and policies regarding cannabis activities within the City; (2) study, consider, and recommend reasonable regulations for personal, non-commercial cultivation of cannabis that may be authorized under Health and Safety Code section 11362.2; (3) issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this interim-urgency ordinance with the City Council ten (10) days prior to the expiration of this interim-urgency ordinance, or any extension thereof, and make such report available to the public.

SECTION 9. CEQA.

The City Council hereby finds this interim-urgency ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines (Title 14 Cal Code Regs.), because it has no potential for resulting in physical change in the environment, directly or indirectly (See also CEQA Guidelines section 15060(c)(2). The City Council further finds, under CEQA Guidelines Section 15061(b)(3), that this interim-urgency ordinance is also exempt from the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Lassen in accordance with CEQA Guidelines.

SECTION 10. Severability.

If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim-urgency ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim-urgency ordinance. The City Council herby declares that it would have adopted this interim-urgency ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 11. Custodian of Records.

The documents and materials that constitute the record of proceedings on which this interim-urgency ordinance is based are located at the City Clerk’s office located at 66 North Lassen St., Susanville, CA 96130. The custodian of these records is the City Clerk.

SECTION 12. Restatement of Existing Law.

Neither the adoption of this interim-urgency ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this interim-urgency ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter or relating to the enumeration of permitted uses under the City’s zoning code, shall be construed as restatements and continuations, and not as new enactments.

SECTION 13. The City Clerk shall certify as to the adoption of this interim-urgency ordinance and shall cause it to be published within fifteen (15) days of the adoption and shall post a certified copy of this interim-urgency ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with California Government Code Section 36933.

APPROVED:/s/ Kathie Garnier, Mayor

ATTEST:/s/ Gwenna MacDonald, City Clerk

The foregoing interim-urgency ordinance was adopted at a regular meeting of the City Council of the City of Susanville, held on the 6th day of December, 2017 by the following vote:

AYES: Wilson, Stafford, Franco, Schuster and Garnier

NOES: None

ABSENT: None

ABSTAINING: None

/s/Gwenna MacDonald, City Clerk

APPROVED AS TO FORM:

/s/ Jessica Ryan, City Attorney

Published LCT

Dec. 12, 2017|