Sharing Information | Encouraging Engagement
This board meeting included several presentations, and updates from the CAO, Supervisors and Ad Hoc Committees. The board made decisions regarding several important matters and held an appeal hearing.
Here are the notes I took regarding the meeting. Please understand that this is not a comprehensive documentation of discussions and decisions.
PRESENTATIONS
Board of Supervisors
1.1 Receive a presentation from HRN regarding Tobacco Issues in Trinity County and the benefits of smoke-free outdoor Areas.
- Slide presentation shared regarding the proposal for establishing Smokefree Outdoor Areas
- Highlighted concerns regarding tobacco waste as an environmental hazard
- Shared health statistics that place Trinity County at the bottom of State rankings
- An estimated 20% of adults in Trinity County are smokers – The state average is 17%
- Vaping has significantly increased among youth. Shared that this is driven, in large part, by youth-focused marketing.
- Shared benefits of smokefree outdoor areas
- Called for the board to consider passing an ordinance designating smokefree areas
- Shared survey results (and postcards) indicating strong support for establishing smokefree areas
- Several high school students representing the Friday Night Live organization presented their views in support of this proposal.
- Backup materials included a model smoke-free ordinance and program description
- Shared that requiring a local tobacco licensing program would open up funding for enforcement, etc.
Clerk of the Board (9:22 AM)
1.2 Receive an update from U.S. Forest Service representatives regarding matters of interest in Trinity County. Tara Jones
- Provided an update on the recreation areas that remain open at this time.
- Christmas Tree Permits are now available
- Field trip tomorrow in Hyampom, then Big Ranch project area
- Highway 3 Project will start next fiscal year
- Nov 17th is the end of the approved budget. Making arrangements for others to help with Christmas Tree Permits, etc… if additional funding is not confirmed in time.
- 145 acres of pile burning has taken place
- Still hiring – including a full-time front desk person in Hayfork
- Meeting with DOT and Natural Resources Division for planning purposes
- Offered open invitations to supervisors for touring project areas and prescribed burn projects.
Veterans Services (9:30 AM)
1.3 Receive a presentation from Trinity County Veterans Services Officer Jennifer Dobbs regarding the Veterans program, and adopt a proclamation supporting Operation Green Light for Veterans and recognizing November 2023 as Veterans and Military Families month. Jennifer Dobbs
- Shared a presentation with information regarding veteran-related Trinity County statistics
- 1,461 individual contacts with veterans in the last year
- Estimated a dozen homeless veterans in Trinity County
- $5.8 million received from VA by Trinity County veterans – 22-23
- $1+ million increase over last year
- Community Care (local providers through VA) – facing many challenges
- Exposure to toxic chemicals is one of the biggest problems – including the fact that it can take a long time for symptoms to appear
PUBLIC COMMENT (9:50 AM)
- Concerns were shared regarding flooding around the Trinity Alps Performing Arts Center. Asked that the DOT assist in addressing this via the county’s easement. Noted that some damage occurred last year and concerns of more extensive damage this Winter.
- Questions raised regarding the investigation into concerns raised as a result of a PRA request for correspondence by Jill Cox.
- Questions were raised about the use of the word “obligation” in the proposed stacking amendment to our cannabis ordinance.
REPORTS & ANNOUNCEMENTS
2.1 I. Report from Department Heads (10:00 AM)
- Elections
- A reminder that people interested in running for office can visit the elections office now.
- Veterans receiving benefits can receive a tax credit
II. Report from County Administrative Officer
- Free Appliance disposal is active on Saturdays during November. Some changes in staffing/hours occurring to support this endeavor
- Water Matters Meeting
- Met last week with BOR regarding the reconsultation
- BOR acknowledged the need for further evaluation of Trinity River aspects
- Department Head Meeting
- Strategic Planning was addressed with department heads volunteering to lead various aspects of the plan
- January 2024 – the updated strategic plan will be presented to the board
- Recognition
- Angela Bickel – noted official recognition for her and her department’s work that led to official state recognition.
III. Reports from Members of the Board of Supervisors
- District 1 | Ric Leutwyler
- Airport Advisory Committee
- Efforts are underway to clean up of materials at the Trinity Center Airport.
- I am working with DOT Director, Panos Kokkas to schedule the next committee meeting.
- Airport Advisory Committee
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- Psa II Area Agency On Aging Executive Board
- Executive Board Meeting on Monday, 11.20 at 10 AM.
- We are looking for someone to join the Advisory Board. This is a great opportunity to help guide decisions about the services we provide to the aging here in Trinity County. Please reach out to teri@psa2.org for more information.
- Psa II Area Agency On Aging Executive Board
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- Trinity County Fire Chiefs Association
- The next meeting is scheduled for Monday, 11.13 at 6 PM. I will be in Oakland for the CSAC Annual Conference.
- Trinity County Fire Chiefs Association
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- California State Association of Counties (CSAC)
- The CSAC Annual Conference (a week-long event) and Board Meeting will take place in Oakland later this month.
- California State Association of Counties (CSAC)
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- Northern Rural Training And Employment Consortium (NORTEC)
- I have been asked to continue the facilitation of strategic planning sessions as we develop new strategies for workforce development in the North State region.
- This group is making great strides in efforts to streamline and enhance the delivery of workforce management solutions in the North State region.
- Northern Rural Training And Employment Consortium (NORTEC)
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- Superior California Economic Development District (SCEDD)
- I will be facilitating strategic planning discussions during our next board meeting.
- This group provides economic development support in the form of loans, regional planning, and more.
- Superior California Economic Development District (SCEDD)
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- NACo Telecommunications & Technology Steering Committee
- I was recently appointed to the Telecommunications and Technology Steering Committee for NACo (National Association of Counties).
- This role involves participation in monthly committee meetings and semi-annual national conferences.
- Participation on this committee provides the opportunity to represent Trinity County’s interests and priorities in discussions regarding strategies, priorities, and legislation affecting telecommunications and technology.
- NACo Telecommunications & Technology Steering Committee
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- County Medical Services Program (CMSP)
- I met with the leader of the County Medical Services Program (CMSP) provides health coverage for uninsured low-income, indigent adults who are not otherwise eligible for other publicly funded health care programs.
- She indicated the person we are being asked to vote for is their Chair, who has years of experience and extensive knowledge regarding their organization and its programs.
- We are gathering more information about this program to ensure that Trinity County residents (and healthcare service providers) are aware of all the benefits available through this organization.
- County Medical Services Program (CMSP)
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- Lowden Meadow Recreation Project
- Our Trinity County Resource Conservation District is in the very early stages of considering options for recreation-focused development in the Lowden Meadow area. I will share updates, including invitations to community input opportunities, as things progress.
- Lowden Meadow Recreation Project
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- Department of Transportation Update
- Want to thank Director Kokkas for sharing written updates – with the board and with the public via the department’s website.
- Lewiston Community Meeting
- District 1 Planning Commissioner – Carol Fall, and I were invited to join a group of Lewiston community residents to discuss cannabis-related matters and the ongoing process for updating our General Plan and Community Plans.
- District 2 | Jill Cox
- Fire Safe Council – The project to incorporate cameras is progressing
- Marketing Professional – met with someone who shared ideas. She connected him to the TOT Partners
- First Five update
- PSA2 – emphasized the importance of the Advisory Council in shaping plans, priorities, and decisions. Called for interested parties to reach out.
- Housing – ongoing discussions with staff
- District 3 | Liam Gogan
- Out-of-county travel for NCRP
- NCRP – acknowledged Supervisor Carpenter-Harris’ strong contributions during this meeting.
- Rusty Hicks | Chair of California Democratic Party – met with him when he recently came to Trinity.
- District 4 | Heidi Carpenter-Harris (10:17 AM)
- Out-of-county travel for NCRP
- NCRP – an amazing organization that is fully committed to the protection/management of natural resources.
- Fuel reduction was a big focus of this meeting
- OES Update – met with the leadership team to better understand how emergencies are handled
- Fire Safe Council meeting
- NACO – participated in steering committee meetings focused on public/rural lands
- Local Water Districts – some in her area are still in recovery with State assistance
- 35,000 deer tags sold for Trinity County – an important tourism/economic opportunity
- CSAC Annual Conference next week
- District 5 | Dan Frasier
- No out-of-county travel
- In Yreka soon for air quality meetings
IV. Reports from Ad Hocs:
A. Trinity County Water
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- Indicated that we are much more engaged than ever before.
- The reconsultation process has taken priority in this arena
- This ad-hoc committee has now ended
B. Cannabis Ordinance
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- We continue to work through all the great input received during public workshops and via the cannabis.ordinance@trinitycounty.org email.
- We are working toward a 2nd draft of proposed updates that will reflect changes made based on public input and further consideration. Our plans call for the opportunity for public input on this version before it goes to the Planning Commission.
- The Planning Commission will soon be considering an amendment to the existing ordinance to allow “stacking” of cultivation licenses on a limited basis.
- Ric Leutwyler reached out to the FPPC for an opinion regarding the potential need for recusal related to existing opt-outs as he lives in one of the existing opt-out areas.
- The timeline for the full ordinance update will likely be extended to allow for additional public input on the 2nd draft.
C. Economic Development
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- CERF/California Jobs First – I sat in for Nick Goulette on a recent steering committee meeting. We discussed strategies and the next steps associated with awarding funds via this program.
- Individuals can share their ideas for California Jobs First projects by clicking on this link.
- TCDC – I continue to work with fellow board members of the Trinity County Community Development Corporation. This organization has a 501c3 application pending. We have concurrent efforts underway to address the following priority areas:
- Community & Economic Development Funding (California Jobs First, TCDC Relational Database, Public Workshops, Roundtable, etc.)
- Recreation (Mountain Biking Strategy, etc.)
- Housing (General Plan Housing Component, Workforce Housing Plan, Housing Study, etc.)
- Small Business Support (Workshops, Roundtable, Shared Services, etc.)
- Natural Resource Conservation & Management (Trinity Land Trust, etc.)
- This ad-hoc committee has now ended
CLOSED SESSION REPORT (10:36 AM)
CONSENT CALENDAR
- The board approved all items on the consent calendar.
COUNTY MATTERS
Board of Supervisors (10:40 AM)
4.1 Discuss and/or take action regarding the following areas for the cannabis cultivation license fee credit/refund worksheet authorized by the Board of Supervisors on March 1, 2022:
- Establish an end date of November 15, 2023, to accept credit/refund worksheet from 2021; and
- Establish an end date of December 31, 2023, for credit/refunds to be applied;
- Currently, $579,773 dollars in credits have been issued, with $222,193 potentially remaining.
- Presentation
- Drew Plebanis highlighted additional details provided in the backup material.
- 44 of 72 are pursuing licenses
- 2 received in the last six months
- 1 came in yesterday that could be added to the list
- The 9 requiring staff action should be addressed prior to the end of the year
- Drew Plebanis highlighted additional details provided in the backup material.
- Public Comment
- Support was provided for staff recommendation. Added concerns regarding applications that are held up by agencies with long processing times.
- The board approved this matter as presented.
4.2 Discuss and/or take action to cast Trinity County’s vote for Group 1 Counties representative on the County Medical Services Program Governing Board. No fiscal Impact. (10:45 AM)
- The board approved this matter as presented
Clerk of the Board
4.3 Select proposals for funding pursuant to Title III Secure Rural Schools and Community Self-Determination Act of 2000 and authorize the County Administrative Officer to sign the agreements and any future amendments. $287,410.75 from Title III funds. November 7, 2023 Page 5 of 505. (10:49 AM)
- Presentation | Suzie Hawkins | CAO Tuthill
- CAO asked for approval to confirm with Down River VFD regarding their submission to ensure it meets program requirements
- Timing – this is dependent upon when confirmation is received by funding sources
- The amount being awarded now reflects the last two year’s worth of funding
- Funds are available to fully support all requests
- The board approved this matter with the addition of CAO authority to validate/modify funding for the Down River Volunteer Fire Department request.
General Services (10:58 AM)
4.4 Approve a budget adjustment for FY 23/24 for the Abandoned Vehicle Abatement Program – Dept. 2950 increasing Transfers in and Services and Supplies by $2,200; approve a budget adjustment for FY 23/24 for Contributions To Other Funds – Dept. 1990 increasing Transfer Out by $2,200; and approve a budget adjustment for FY 23/24 for General Fund Contingency – Dept. 9901 decreasing appropriations for Contingency by $2,200. Increase in General Fund appropriations in the amount of $2,200; current cash balance in Abandoned Vehicle Abatement – Fund 174 is -$187.00; current balance in contingency is $499,380.
- Presentation | CAO Tuthill
- We have already used the very limited funding allocated for this program.
- Working with CHP/CalTrans to see how we can work with them to assist
- Emphasized how wrong it is for residents to take this approach to getting rid of waste/vehicles. This consumes general fund dollars paid for by all residents.
- Acknowledged that there are groups who will assist in waste cleanup.
- Called for residents to help us stop this trend.
- Our ordinance could use some enhancements (such as shorter timeframes, and stronger penalties). CAO Tuthill is working with staff to fine-tune.
- Public Comment
- Noted that there is a similar problem in Shasta County. Support offered for county efforts to address this problem
- Volunteered to help with trash collection/disposal. Want to make sure that they have clearance to do so.
- The board approved this matter as presented.
Health and Human Services
4.5 Waive the reading of and enact an ordinance amending Trinity County Code Section 2.70 pertaining to Partnership HealthPlan of California Commission, introduced on October 03, 2023. No fiscal impact.
- Presentation | Liz Hamilton
- This is the second reading. No changes
- The board approved this matter as presented.
Human Resources (11:19 AM)
4.6 Pursuant to Trinity County Code Section 2.60.410(A) authorize hiring Employee ID No. 01539 as an Extra Help Accounting Technician, Senior at Range G187 Step G in the Health & Human Services, effective November 07, 2023. The hourly rate for actual hours worked for an Accounting Technician, Senior at A step is $25.49 and at G step is $34.16, plus applicable payroll taxes and unemployment insurance.
- Presentation | Laila Cassis
- No presentation
- The board approved this matter as presented.
4.7 Take the following actions in the Probation Department effective December 01, 2023:
1. Approve the job descriptions, set the salary range, and add to the alphabetical listing of classifications a Deputy Chief Probation Officer at range O248, Program Facilitator I at range G149, and Program Facilitator II at range G159;
2. Modify the departmental listing of allocations for the Probation Department to add 2 Deputy Chief Probation Officers and replace Probation Corrections Counselor I/II with Program Facilitator I/II;
3. Pursuant to Trinity County Code Section 2.60.420, reclassify Employee ID No. 00887 from an Assistant Chief Probation Officer to a Deputy Chief Probation Officer at step F and reclassify Employee ID No. 02382 from a Supervising Deputy Probation Officer to a Deputy Chief Probation Officer at step B; and 4. Delete from the Alphabetical Listing of Classifications and job descriptions the Assistant Chief Probation Officer, Supervising Deputy Probation Office, and Probation Corrections Counselor I/II.
The approximate cost in salary and benefits per month for an Assistant Chief Probation Officer at F step is $18,458; for a Deputy Chief Probation Officer at F step is $18,458; for a Supervising Deputy Probation Officer at E step is $14,110; for a Deputy Chief Probation Officer at B step is $15,373; for a Program Facilitator I at A step is $4,505 and for a Program Facilitator II at A step is $4,879.
- Staff asked that this matter be continued based on the union’s request.
- The board approved tabling this matter until brought back to the board by staff.
4.8 Adopt a resolution which authorizes the County Purchasing Agent, to sell County-issued firearms. No fiscal impact.
- Presentation | Lila Cassis
- Other counties have similar programs… that allow LEO team members to buy back firearms that are being retired from service.
- This matter would provide our team members with the same benefit.
- Public Comment
- Support for this proposal. Noted that there are “drop tests” for firearms in CA… and that LEO team members are not subject to this same requirement.
- The board approved this matter as presented.
Planning and Zoning
4.10 Introduce and waive the reading of an ordinance amending Trinity County Code Section 17.18.060 pertaining to R-3/Multi-Family Zoning. Not fiscal impact. (11:27 AM) Note – this was heard out of order.
- Presentation
- We are required to address matters like this – in which code potentially limits development.
- Noted that staff recommended 45’ – which was more in line with other jurisdictions in the area.
- Prior board direction was to only allow for this in Weaverville – as their VFD is the only one with equipment that can reach this high.
- The board approved this matter as presented.
4.9 Conduct an appeal hearing to uphold, modify, or overturn the Planning Commission’s decision to deny the appeal of (P-23-22) Commercial Cannabis License (CCL) #106 for Petko Petkov, Nature Farm, Inc. on Assessor’s Parcel Number 019-280-003. Unknown fiscal impact. (11:40 AM)
- Presentation | Drew Plebanis
- The initial county license was issued in March and subsequently appealed.
- The planning commission denied the appeal
- The appellant has presented a list of 25 reasons for appeal, along with backup materials
- Staff and Special Counsel have provided a rebuttal to the reasons submitted by the appellant
- Public Comment
- Support was offered for staff recommendation to deny the appeal and allow the applicant to move forward with operations.
- A nearby landowner shared information about the area. Shared that she is pro-cannabis, has worked for local cultivators, and cultivated her own for medical reasons for 20 years. Noted that the applicant has not been a good neighbor. Noted that she has felt bullied and threatened. Indicated that she has seen evidence collected but not shared, heard lies, and more. Asked that the board approve the appeal.
- Shared that he has known and worked with the applicant for 5 years. Noted that all application requirements have been met and the staff report is very thorough. Encouraged the board to deny the appeal.
- Support was offered for the applicant and for the staff’s efforts to address this matter. Noted that people have been trespassing on their property.
- The legal representative of the applicant supported the staff’s report/rebuttal. Noted that the county has incurred a great deal of expense for multiple site visits, the applicant has incurred additional expense for core drilling, etc. Indicated that this is a public forest service road (not private) and therefore does not require special permitting for use. Encourage the board to deny this appeal.
- The appellant noted that the applicant has been required to abate, and is currently not compliant with grading/excavation requirements. Indicated there is a specific overlay that limits what can be done in the area and prohibits something like cannabis. Noted that a sign on the forest service road indicates that a permit is required.
- Applicant shared that his license was one of the first in the county. Noted that his neighbors have unpermitted buildings, no septic systems, have cultivated without licenses, etc.
- A neighbor spoke in support of the applicant. Indicated that this is a case in which illegal cultivators feel “threatened” by a legal cultivator. Indicated that the applicant has helped the neighborhood with the plowing of roads, etc. Indicated that the threatening behavior of neighbors has caused the applicant’s family members to not be comfortable on the property.
- Support was offered for staff’s recommendations. Emphasized that decisions need to be made on current status… not past concerns. Indicated that one of the appellants illegally “lives” on the applicant’s property.
- Shared a section of code that supports denial of application for submitting false information, for not complying with all state and local requirements, etc. Noted that cultivation without a county license took place on this site.
- Appellant Presentation
- Indicated he welcomes a visit by the Sheriff as he has no cannabis cultivation on his property
- Mentioned concerns regarding the General Plan – recommending that the board continue this matter so that they can gather additional information on this aspect of the appeal. Noted that this might be wise since legal actions could be taken if the appeal is denied without full understanding.
- Indicated that the staff report is missing relevant information and that the evidence is being withheld from the appellant.
- Indicated that materially false statements have been made by the applicant
- Indicated that actions that fall outside of program limitations have taken place on this property for years.
- They indicated that Environmental Health cited the applicant and these issues are being investigated by other agencies.
- Applicant Presentation
- Indicated that there is no buried trash as confirmed by core drilling done at the applicant’s expense
- Supported staff report completeness and accuracy
- Echoed previous claims that the appeal is backlash for the applicant pursuing legal cultivation via the cannabis division program.
- The applicant does not perform commercial hauling and so would not need a permit to use the forest service road.
- Cultivation during the application process. This application was initially approved in March, he had a state license, but he did abate when told to do so.
- There are other examples of this same situation occurring during the application process.
- The DCC letter that was sent to state license holders led many to believe it was okay to cultivate prior to the finalization of the county license.
- Water hauling – no existing definition of the type of emergency use that would justify the use of water hauling.
- Suggested that cannabis ordinance updates address some of the ambiguity highlighted in this process.
- Questions & Answers
- Explain the relevance of the general plan in this matter.
- Consistency – actions taken must be consistent with the General Plan
- GP designation for the applicant site is Rural Residential
- The opinion is that this does allow for this use of the land
- Allows for small-scale agriculture and industrial operations
- Zoning is Unclassified
- As of right uses… includes row and field crops
- The Cannabis Ordinance adds specificities that apply
- Feels there is no need for additional research
- Explain the relevance of the general plan in this matter.
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- Explain how past behaviors are to be considered by staff and by the board.
- The code states… reason for denial is based on as proposed “would not have…”.
- Application is to be based on current and proposed… not on the past
- The board should not consider aspects not covered by the code
- Explain how past behaviors are to be considered by staff and by the board.
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- Explain how forest service road access should be considered by the board.
- Hauling permits are outside the scope of the cannabis program/ordinance
- Unaware of any cultivator pursuing hauling permits in situations like these
- The county should not be focused on this as it falls outside the specific program criteria
- Explain how forest service road access should be considered by the board.
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- Address claims of missing evidence?
- All information requested by the appellant has been provided.
- Not aware of any PRA matters associated with this appeal
- All observations from inspections are uploaded into the applicant’s digital file. That is true in this case.
- Address claims of missing evidence?
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- Explain the grading/excavating component of this matter.
- Based on observations, no permit was required
- Areas graded appear to be stable and should not be contributing to runoff
- Agrees with recommendations for additional mitigation measures to be taken to enhance stability and prevent runoff.
- Explain the grading/excavating component of this matter.
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- Please describe the Environmental Health Citation… including current status.
- A complaint was filed with the EPA system.
- This was investigated 9 days after receipt.
- No evidence was found of violations.
- No citation was issued by the Trinity County Environmental Health Department.
- Recommendations were made to further mitigate potential stability/runoff concerns.
- Please describe the Environmental Health Citation… including current status.
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- Describe the implications to the applicant if the allegations made took place going forward.
- Applicants would be required to address each of the specific complaints.
- The director has discretion in the amount of time allowed to address concerns and whether or not a license should be revoked.
- Law/Code Enforcement has assisted in following up “after hours” on complaints.
- Describe the implications to the applicant if the allegations made took place going forward.
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- Explain how CCRs for the area should be considered by staff and board in this matter.
- CCRs are outside of county’s purview. This would be a civil matter.
- Explain how CCRs for the area should be considered by staff and board in this matter.
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- Describe the ministerial process, discretion that appears to be involved even at the ministerial level… and situations like this that result in appeals to the board.
- Ministerial decisions are based on the application of established criteria vs on discretionary critera.
- On a discretionary scale of 1 to 10… our approach for these situations is a 1.
- With regard to how we got to this approach?
- We have experienced a lot of change during the last 4 years that Derek Cole has been (at least somewhat) involved.
- The EIR was (in part) intended to provide the opportunity to streamline the process.
- The ministerial approach was part of the streamlining of our program/process.
- Describe the ministerial process, discretion that appears to be involved even at the ministerial level… and situations like this that result in appeals to the board.
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- Explain the steps involved in the application being approved and then rescinded for additional Appendix C work?
- Appendix C is first reviewed by consultants, then by staff
- Historically, most Appendix C submissions required changes to be in compliance
- In this case, it was noticed that some aspects of the Appendix C submission needed additional attention. The appeal caused staff to take a closer look.
- Explain the steps involved in the application being approved and then rescinded for additional Appendix C work?
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- Explain 7 day abatement period in this situation
- This applicant had a state license but not a county license
- A 7-day abatement notice was sent out
- Applicant gave notice of completing self-abatement
- DCC was notified of the situation… and did not issue citations
- Metric Viewer Application will provide staff with the ability to match up what they see with what is currently in Metric
- Explain 7 day abatement period in this situation
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- Does the ordinance require applicants to be in compliance during the application process?
- … applicant shall be denied a license if…
- The county becomes aware that the operation as proposed by the applicant would not have complied…
- The ordinance does not address us knowing of (or acting upon) existing/past violations
- … applicant shall be denied a license if…
- Does the ordinance require applicants to be in compliance during the application process?
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- What happens if this goes to court?
- The judge could find that the board interpreted/applied code inappropriately
- What happens if this goes to court?
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- Does the application process include an official statement regarding the current status of compliance?
- Appendix c includes a statement acknowledging program requirements.
- Does the application process include an official statement regarding the current status of compliance?
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- Issues that would be considered must be determined to be applicable to the state and county requirements
- Cultivation without county license… does this qualify as a reason to not approve?
- Issues that would be considered must be determined to be applicable to the state and county requirements
- County and Special Counsel indicated that they feel the staff presented the right recommendation and that they feel most comfortable supporting this approach. That said, they understand the reasons for other decisions and would work to support them.
- Board Discussion
- Supervisor Frasier is aware of at least one instance in which an application was rescinded due to unlicensed cultivation during the process.
- One appeal can be based on several grounds… including CEQA and non-CEQA items.
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- The board considered motions to deny, the appeal, to approve the appeal, and to continue the matter to December 5th to allow more time for research and clarification.
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- Findings for Approving Appeal
- There were violations of program requirements during the application process
- Lack of detail regarding Appendix C – related complaints that should be considered
- Findings for Approving Appeal
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- Findings for continuing the matter
- Lack of detail regarding Appendix C – related complaints that should be considered
- Opportunity for attorneys to further evaluate General Plan considerations
- Findings for continuing the matter
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- Findings for Denying Appeal
- Staff report refuting all 25 allegations/reasons for appeal
- Special Counsel advice that there are no General Plan-related reasons to approve, nor any need for further research on the matter
- Special Counsel advice that past actions are not to be considered in this situation
- State agency support for qualifications of application
- Mixed history/precedent of denying applications for past behaviors
- Findings for Denying Appeal
- The board voted to deny the appeal, supporting the staff’s recommendation
CLOSED SESSION
Notes cannot be shared regarding closed-session discussions. A report regarding these matters is provided during the next public session.
- 5.1 Government Code Section 54954.5(c) – Conference with Legal Counsel – Anticipated Litigation No. of Cases: Two
- 5.2 Government Code Section 54954.5(c) – Conference with Legal Counsel – Existing Litigation. Number of cases: one – Sceper, et al. v. County of Trinity, et al. (Trinity County Superior Court Case No. 22CV071).
- 5.3 Government Code Section 54954.5(e) – Public Employee Appointment: County Counsel.
- 5.4 Government Code Section 54954.5(e) – Public Employee Evaluation: County Administrative Officer
- 5.5 Government Code section 54956.9(d)(2)&(3) – Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation – One potential case. Complaint of alleged harassment against a member of the Board of Supervisors
Sharing Information | Encouraging Engagement
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