Marysville delays action on zoning ordinance to August
Marysville City Council members wrestled earlier this week with the idea of removing references to federal law in current zoning ordinances.
Council members voted 4-1 to make a decision at their Aug. 15 meeting, after city staff analyzes whether the removal of references to compliance with federal law is within the council’s power. Mayor Ricky Samayoa cast the dissenting vote on Tuesday night.
The proposed change went before the Planning and Historic Preservation Committee last week, and a majority of commission members voted against it.
The zoning ordinances being discussed are referenced in opposition to a use permit issued to Marysville Cannabis Co., which would operate a medical marijuana dispensary.
An appeal was filed by Buck Weckman, Brownsville, founder of Yuba County Families Against Cannabis Trafficking. Weckman was not present at the meeting but had a statement read by Patricia Smith, of Yuba City, on his behalf:
“Your steps tonight are an act of desperation and an attempt to repair a flawed ordinance allowing for marijuana dispensaries in Marysville,” Smith read. “The ordinances you are attempting to revise only came to the forefront after I listed them in my appeal. You should ask the question, ‘Why didn’t city staff discover these flaws months ago?’"
Councilman Chris Pedigo said the ordinances should have no bearing on the outcome of Weckman’s appeal. Pedigo said he does not approve of how the suggested change is currently written.
“It’s not, in my humble opinion, even admissible,” he said.
Councilman Dale Whitmore said the ordinance is deeply flawed, and he would not support it.
“I took an oath of allegiance when I took this office and to say that ‘it’s not possible for city staff to have full knowledge and legal understanding of all tens of thousands of federal and state laws’ is just flawed, and I oppose this ordinance."
Councilman Bill Simmons attempted to limit the debate so the council could have the issue further investigated. Simmons said the council was not making a decision on approving or denying the changes to the zoning ordinance, but simply moving it through city processes.
“We’re making a decision about something that hasn’t even happened yet,” he said.
Councilwoman Stephanie McKenzie said she agreed with Whtimore that the council should uphold their oaths of office.
“These laws are in existence and to the best of my understanding we are under oath to respect those laws, and I think as leaders we set the example of upholding the laws as best as we can because that’s what we want our community to do."
Members of the public asked Samayoa to recuse himself from any council action relating to medical marijuana dispensaries based on campaign donations he received last year.
MCO Solutions, LLC, donated $5,000 to Samayoa’s campaign on Sept. 30. The registered agent with the California Secretary of State for MCO Solutions is Mark Pelter, who is also the president of River City Phoenix, one of two medical marijuana dispensary companies granted licenses in Marysville, according to Appeal-Democrat archives.
“I think it just boils down to whatever his conscience tells,” Pedigo said Wednesday. “Did it sway his mind? Maybe, maybe not.”
The City Council adopted the operating budget for 2017-18. A few highlights:
Salary increases cannot take place without the consent of the council.
The Marysville Police Department received the green light to lease 19 new police vehicles. The approval eliminates a mechanic position effective Oct. 1.
The council allocated an additional $15,000 for the watering of city parks, bringing the total cost to $70,000.
The council approved the match of up to $7,000 for the Marysville Cemetery Commission. The total allocation amount will be determined by cemetery fundraising revenue.