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jeffrey brax

PT Special Notice: Dutra and BoS Brown Act Violations

February 7, 2011 by Greg

Press Release Regarding Dutra Asphalt Plant

SONOMA COUNTY COUNCIL DENIES CLAIMS OF BROWN ACT VIOLATIONS BY BOARD OF SUPERVISORS, DECEMBER 14, 2010 IN AGENDIZING AND APPROVING THE DUTRA HAYSTACK LANDING ASPHALT PLANT, PETALUMA AND REFUSES TO PROVIDE ANY ‘CURE AND CORRECT’ AS REQUIRED BY THE BROWN ACT.

Last Wednesday (February 2), the Sonoma County Deputy County Counsel, Jeffrey Brax, sent a letter (attached, “SCAN2976”) describing a decision made in closed session yesterday, Feb. 1, by the Sonoma County Board of Supervisors.  The letter denies claims made by the City of Petaluma, Petaluma River Council, Friends of Shollenberger Park, Moms for Clean Air, Petaluma Tomorrow and a group of individuals, that the County Board of Supervisors committed any violation of the Brown Act, California’s Open Meeting Law on December 14, 2010.

We find it both frustrating and very saddening that our new Sonoma County Board of Supervisors, with the misguided advice of County Counsel, has decided on a very narrow and cramped reading of both the letter and spirit of the law of the Brown Act and case law cited.

We strongly support the concepts and effective engagement of the public by and with our government, as described in the Brown Act’s preamble:
“The people do not yield their sovereignty to the bodies that serve them, and insist on remaining informed to retain control over the legislative bodies they have created.”

While we do not have access to the actual thoughts and considerations of the five supervisors, we had hoped that the new supervisors would have taken a significantly different view of effective and meaningful public engagement than had been demonstrated over the past four years by the previous supervisors.  We had hoped that they would have granted the public a new public hearing and the opportunity to comment on hundreds of new pages of documents, including a purported “new Final EIR” provided at the last minute prior to approving the contentious Dutra.Asphalt Plant project on Dec. 14, 2010.

We are weighing our options, and will decide what is best for the community and the environment in the near future.

For additional background information review the press release issued December 14, 2010: Dutra’s Double Document Dump; County Counsel’s Double Cross.

More supporting documentation:
Letter from County Counsel, demanding cure of Dutra violations
Exhibit A (Mitigated Impacts) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit B (SU Impacts) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit C (SOC) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit D (Alternatives) to Resolution Making and Adopting a Statement of Overriding Considerations
Exhibit E (Conditions of Approval) to Resolution Making and Adopting a Statement of Overriding Considerations
Resolution Certifying the Final EIR for the Revised Dutra Haystack Landing Facility
Resolution Making and Adopting a Statement of Overriding Considerations

Filed Under: Board of Supervisors, News and Updates Tagged With: board of supervisors, Brown Act, dutra, dutra asphalt plant, friends of shollenberger park, haystack landing, jeffrey brax, moms for clean air, petaluma, sonoma county

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