12.
Consider appeal of Director of the Department of Public Works and Planning’s (Director)
determination of expiration of Unclassified Conditional Use Permit No. 3390 for Riverbend
Sand and Gravel, LLC (Riverbend) aggregate mining project; and if your Board chooses to
grant appeal and overturn Director’s rejection of submitted grading permit and determination
that land use permit has expired: adopt Resolution determining that Unclassified Conditional
Use Permit No. 3390 has achieved substantial development and has not expired, subject to
additional conditions relating to indemnifying County in event of litigation related to this action
and need to commence Phase I mining operations within two years of your Board’s
determination, as listed in proposed Resolution
PRIOR TO BOARD DISCUSSION, SUPERVISOR PACHECO RECUSED HIMSELF UNDER THE LEVINE ACT.
CONSIDERED APPEAL OF DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS AND PLANNING’S
(DIRECTOR) DETERMINATION OF EXPIRATION OF UNCLASSIFIED CONDITIONAL USE PERMIT NO. 3390
FOR RIVERBEND SAND AND GRAVEL, LLC (RIVERBEND) AGGREGATE MINING PROJECT. APPELLANT
WAS PRESENT. RECEIVED PUBLIC TESTIMONY IN FAVOR AND OPPOSITION OF APPEAL. CLOSED
PUBLIC HEARING. A MOTION WAS MADE BY SUPERVISOR MENDES, SECONDED BY SUPERVISOR
MAGSIG, THAT THIS MATTER BE ACTED ON AS FOLLOWS: 1) GRANT APPEAL AND OVERTURN
DIRECTOR’S REJECTION OF SUBMITTED GRADING PERMIT AND DETERMINATION THAT LAND USE
PERMIT HAS EXPIRED; 2) ADOPT RESOLUTION DETERMINING THAT UNCLASSIFIED CONDITIONAL USE
PERMIT NO. 3390 HAS ACHIEVED SUBSTANTIAL DEVELOPMENT AND HAS NOT EXPIRED, SUBJECT TO
ADDITIONAL CONDITIONS RELATING TO INDEMNIFYING THE COUNTY IN THE EVENT OF LITIGATION
RELATED TO THIS ACTION AND NEED TO COMMENCE PHASE I MINING OPERATIONS WITHIN TWO
YEARS OF THE BOARD’S DETERMINATION, AS LISTED IN THE PROPOSED RESOLUTION. THE MOTION
CARRIED BY THE FOLLOWING VOTE:
4 - Bredefeld, Chavez, Magsig, and Mendes
1 - Pacheco
Ayes:
Recuse:
Resolution No. 26-231
Board of Supervisors' Committee Reports and Comments
13.
Board of Supervisors' Committee Reports and Comments - Receive and provide direction (this
item is reserved for committee reports by members of the Board of Supervisors)
SUPERVISOR MAGSIG REPORTED ATTENDING THE RECENT CALIFORNIA STATE ASSOCIATION OF
COUNTIES (CSAC) LEGISLATIVE CONFERENCE IN SACRAMENTO, EXPRESSING HOPE THAT STATE
LEGISLATORS WILL PROVIDE RELIEF TO COUNTIES FACING BUDGETARY SHORTFALLS; ENCOURAGED
EVERYONE TO EXERCISE THEIR RIGHT TO VOTE; AND WISHED SUPERVISOR PACHECO GOOD LUCK IN
THE ELECTION. SUPERVISOR MENDES ALSO REPORTED ATTENDING THE CSAC LEGISLATIVE
CONFERENCE; NOTED THAT DIFFERENCES BETWEEN STATE AND FEDERAL LAWS CONTRIBUTE TO
FINANCIAL CHALLENGES AFFECTING COUNTIES; AND EXPRESSED DISAPPOINTMENT WITH HOW CSAC
HANDLED ISSUES RELATED TO WATER AND NATURAL RESOURCES. SUPERVISOR PACHECO
COMMENTED THAT THE STATE WOULD BE MORE SUCCESSFUL IF MORE COUNTY SUPERVISORS ARE
ELECTED TO THE STATE LEGISLATURE. VICE CHAIRMAN CHAVEZ REPORTED RECEIVING 582 MAILERS
FOR THE CURRENT ELECTION CYCLE. CHAIRMAN BREDEFELD DISCUSSED THE NEED FOR FISCAL
PRUDENCE IN LIGHT OF FEDERAL AND STATE FUNDING REDUCTIONS; AND REQUESTED THAT THE
COUNTY ADMINISTRATIVE OFFICER EVALUATE POTENTIAL SAVINGS ASSOCIATED WITH PRIVATIZING
LIBRARY SERVICES AND PRESENT FINDINGS TO THE BOARD. COUNTY ADMINISTRATIVE OFFICER
NERLAND RESPONDED THAT STAFF WOULD CONDUCT A STUDY ON LIBRARY PRIVATIZATION AND
RETURN WITH RECOMMENDATIONS IN OPEN SESSION