Page 6 - Sonoma County Gazette - January 2020

OPINION: The Poster Child for a Dreadful Cannabis Project
By Craig S. Harrison and Deborah A. Eppstein
cannabis permit, and the county admits that conditional use permits are development. Commissioner Carr conceded this is “technically” commercial development, but still approved it. Under the plan, development must be coordinated with improved law enforcement. Cannabis notoriously attracts crime, including murders and home invasions. Yet PRMD proposed nothing to implement this policy. Why not protect non-growers by banning cultivation on shared access roads such as this?
In late 2018, Permit Sonoma (PRMD) briefed the county Board of Zoning Adjustment commissioners about the hundred cannabis cultivation permits being processed. A male voice on the tape shouted out “bring ‘em to us and we’ll approve them all.” Deputy Director Jennifer Barrett thanked him.
This location is in a high fire-risk area. The 10-foot-wide, mile- long dead-end access road violates Cal Fire’s regulations, which require two, 10-foot traffic lanes. The county unconscionably exempts pre-1991 roads (essentially the entire county) from these regulations.
This rubberstamp attitude was evident on Nov. 14. Five commissioners unanimously approved a conditional use permit on Grange Road in Bennett Valley. Commissioner Shahhosseini fiddled with his smartphone and ignored twenty minutes of community opposition. Other commissioners seemed distracted.
PRMD contends that because it allowed cultivation without a permit since 2017, it is now an “existing use” so that environmental impacts will never
be analyzed. The cumulative effects of possibly the highest concentration of grows in Sonoma County must be evaluated. Five endangered aquatic species (mostly amphibians) occur in the Matanzas Creek watershed, but PRMD ignores them. The county also must analyze the extent that grows diminish the value of nearby residences.
The project is egregious. The property owner has six felony convictions for lying and filing false documents to bilk the state while directing an electronics recycling company that violated environmental laws. The grower, Brian McInerney, lacks a required state license after three years
of operations. Under the penalty relief program (PRP), the county allows cultivation in violation of CalCannabis rules. Dispensaries purchase only from state licensees, so any sales are black market.
This permit has been appealed to the supervisors. Do they want any semblance of integrity in their cannabis program? Many county residents think Washington is corrupt, observing, “no one is above the law.” Those concerned about the appearance of impropriety – or worse – should pay attention closer to home.
PRMD negligently allowed this unpermitted grow. Satellite images reveal that no cannabis was planted by July 9, 2017, past the July 5 county deadline. McInerney claims he began June 30, but the corporate operator and landowner LLCs formed on July 17 and 18, respectively. The property wasn’t conveyed
to the property owners’ LLC until Aug. 30, long after the grow purportedly began.
Craig S. Harrison is a spokesman for Bennett Valley Citizens for a Ban on Commercial Marijuana Facilities. Deborah A. Eppstein, Ph.D., is a scientist and retired biotech entrepreneur who lives on Cougar Lane.
OPINION: Immigrants Risk More During Fires
When asked to prove that he qualified for the PRP by beginning before July 5, McInerney produced a lease dated and signed Aug. 1, 2017. He was
in the PRP under false pretenses. Just before the hearing, McInerney ginned up a revised lease that is identical to the original (hand-written parts and signatures are identical), except that start and signature dates are backdated to Jan. 1. The fraudulent lease shows lack of respect for the law and judgment of county officials. Sadly, that assessment is warranted. Commissioner Ariel Kelley was troubled by the phony lease but approved the permit anyway. Both the PRP application and the permit conditions state that providing false information during the permitting process will result in rejecting the application. So why approve this permit?
By Ryan Gopar
Fleeing from fires and seeking refuge exasperates anxiety for immigrants.
In a lawful society, someone caught forging documents for financial gain would be punished with incarceration, a steep fine, and disgorge all profits made from the fraud. Here, the applicant instead retains his ill-gotten gains from three years of cultivation and is rewarded with a five-year permit to continue.
of immigrants to seek evacuation with local shelters. It was that previously experienced anxiety which lead to The Press Democrat report that shelters would accept all evacuees regardless of immigration status.
PRMD bungled its fact-gathering role. Besides accepting the bogus lease (failing to fact-check its own records), PRMD claimed tax receipts and invoices showed the operation existed on time. But a Public Records Act request yielded no such documents. PRMD asserted that the grower has a provisional state license, but at the hearing Deputy County Administrator Niki Berrocal retracted that claim. The road report contains errors about its length and condition, suggesting fire officials never inspected the entire road. Good enough for government work?
Prior to the fires, The Washington Post reported on Federal judges partly blocking the Trump’s administration “public charge” rule in California, Texas, and New York. Along with Washington, Illinois and Maryland district courts have ordered its rule cannot be enforced. The “public charge” rule would essentially make immigrants ineligible for green cards if they are considered a burden to the government and using public benefits. These changes would disqualify immigrants from receiving assistance from programs such as Medicaid, SNAP, TANF, or federal housing vouchers.
At the November meeting, a deputy county counsel who is part of the county’s “Team 420” (420 is slang for cannabis consumer), strained to excuse the falsehoods. She is often chummy with growers – one hugged her at a July code-enforcement hearing where she brokered a sweetheart deal to continue
a grow after an illegal electrical installation caused a fire that could have immolated Mark West Springs. She explained that PRMD wants the authority to issue permits even when applicants lie or commit fraud. This thumb on the scale approach undermines any fair administration of law. Polluters who lobby Trump’s EPA regulators surely envy the cozy relationships between growers and compliant county officials.
The Trump administration has launched a brazen attack against low-income immigrants. Misinformation has spread as many families needing assistance become scared to seek it. California’s high cost of living is evident as more companies donate to assist with the housing crisis. Yet while money is being pledged, the need for supplemental aid for all Californian’s persists.
The project violates Bennett Valley Plan’s land-use policies in which commercial development is banned. The applicant seeks a commercial
We must continue to work against these unlawful rulings. Immigrants are entitled to the same human rights as citizens and we must ensure they are represented, and fight alongside them.
Documented or not, fear exposure to ICE and risk of deportation for themselves and their families.
The Kincade fire forced many residents of Sonoma County to evacuate their homes, either finding a place to stay with family or head to a local shelter. Karen Fies, Department Director for Sonoma County’s Human Services Department, expressed that the Tubbs Fire in 2017 showed the reluctance
ICE did not have access to the shelters, yet fear of detainment while seeking aid persisted. The anxiety of entering an evacuation center needs to be addressed.
Immigrants in California and across the nation, however, fear seeking aid so work harder then ever to legally attain Green Cards and hope to become US citizens. The Trump administration’s misinformation creates a climate of fear within the immigrant population, which is amplified by the chaos of fear during our fires when they need some assistance.
6 - www.sonomacountygazette.com - 1/20