A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

CRESCENT CITY, CA  95531

 

 

REGULAR MEETING

Tuesday, October 09, 2007

    10:00 AM

The Board of Supervisors of the County of Del Norte and the governing body of all other special assessment and taxing districts, for which said Board so acts, is now meeting in regular session.  Only those items that indicate a specific time will be heard at the assigned time.  All other items may be taken out of sequence to accommodate the public and staff availability.  Items followed with a ** indicate material attached in the agenda packet.

A closed session may be held at some time during the meeting to discuss litigation and/or personnel matters.  There is a 90-day statute of limitations relating to decisions rendered after a public hearing of the Board of Supervisors and a 60-day statute of limitations relating to ministerial actions of the Board of Supervisors.  NOTE:  If you challenge the decision of the Board of Supervisors in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the Board of Supervisors at, or prior to, the public hearing.  (Govt. Code § 65009).  When providing written correspondence to the Board of Supervisors you must provide a copy to the Clerk of the Board for inclusion in the official record.

 

Present:     Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

No Public Comment was given on Closed Session items.

 

Hold a closed session to consider and discuss litigation and personnel matters: I) Personnel negotiations pursuant to Government Code 54957.6 between County negotiator the County Administrative Officer and the Del Norte County Employees' Association, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Ct.,  Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Ct., Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US Dist. Ct., Northern Cal Div.,  Case No. C070113; Burns v County of Del Norte, et al., Case No. CVUJ 03-1529; Connie Lawson v. Del Norte County, DN Superior Ct., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US Dist. Ct., Northern Cal Div.,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Ct., Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Ct., CVCV06-2313; Dawn Heckel v District Atty, DN Superior CT., Case No. CVPI 07-1176; and County of Del Norte v Beckett et al, DN Superior Ct., Case No. CVUJ 05-1557; Susan White v District Attorney, CVUJ 07-1436; B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) - 1 case. 

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the meeting to order and take roll.

·        This Board of Supervisors meeting is dedicated to some of our partners:  Del Norte Youth Soccer.

·        The Pledge of Allegiance to the Flag led by Jackie Zlokovich, President, Del Norte Youth Soccer.

·        And How Are The Children?

Action: Jackie Zlokovich, President of Del Norte Youth Soccer gave a brief presentation on Youth Soccer.

·        Introduction of new employees to the Board of Supervisors.

Action: New employees Jennifer Savoy, Kyoko Bonilla and Nichole Burshem were introduced by the Interim Chief Probation Officer.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel stated that no reportable actions were taken in Closed Session.

·        The Chair requests any deletions, corrections or additions from Board members to the agenda at this time.  In order to add an item to the agenda, the matter must have come to the attention of the County subsequent to the posting of the agenda and the matter requires action before the next regular meeting of the Board of Supervisors.

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board added the following item to the agenda as the matter came to the attention of the County subsequent to the posting of the agenda and the matter required action before the next regular meeting of the Board of Supervisors:  Discussion and possible action on Mill Creek EIR comments as the comment period closes on October 17, 2007.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

Public comment was heard from Ron Plechaty, Susan Epperson and Armand Trinitopoli.

Staff was directed to write a letter requesting a formal public hearing for input, ask that the County acquire Hamilton, Child Hills Road and Rock Creek Road, that the vision of the park coincide with the vision of the County, and the need for a coordination effort with the County.

No other deletion, corrections or additions were requested.

 

SCHEDULED ITEMS:

1.     10:05 A.M.  Receive other brief reports or announcements relative to County of Del Norte programs and projects, progress of the two by two committees, goal committees and/or Board and staff travel/training reports.  The Board may ask questions for clarification; make a referral to staff to take action to have a matter or business placed on a future agenda pursuant to Government Code 54954.2(a).

Action: Supervisor Sullivan reported on attending the Airport Advisory Commission meeting and the signing of the Joint Powers Agreement, attending the Mill Creek Public Input meeting for the EIR, Special Budget meeting, OHV meeting hosted by the Blue Ribbon Coalition, meeting with Agnew Property owners regarding Hurdy Gurdy Creek and attending a Del Norte High School Football game; Supervisor McNamer commented on the adoption of the budget, attending a Redwood Mural Society meeting, meeting with the Agnew Property owners and Grant Wershkull, attending the Joint Powers Agreement signing at the new ARFF building, attending the Senior Center Board meeting and  Safe and Health Families meeting; Supervisor McClure reported on attending the Special Budget Meeting, Mill Creek Acquisition discussion, attending the Grange meeting with the OHV users, attending the Save the Redwoods League meeting, attending the Joint Powers Agreement signing for the Airport and a Del Norte Historical Society meeting; Supervisor Hemmingsen commented on meeting with the Elk Valley Rancheria, County Engineering and Redwood National and State Parks regarding the Elk Valley Road situation, attending the Budget Hearing meeting, meeting with the Agnew Property owners and Grant Wershkull, meeting at the Lake Earl Grange regarding Tolowa Dunes, Kellogg Beach wave slope, Mill Creek and NRA road closures, attending the Airport Advisory Commission and the signing of the Joint Powers Agreement for the Airport and attending the Mill Creek Public Input Meeting on the DIR for the amendment to the General Plan; and Supervisor Finigan commented on attending a Safe and Healthy Families meeting, Tri Agency meeting, attending the Budget Hearing and adoption, participated in a Broadband press conference, attending a First 5 meeting at the new Family Resource Center, attending a Kiwanis meeting as a guest speaker, attending a Airport Advisory Commission meeting and the signing of the Joint Powers Agreement for the Airport and attending a Mill Creek Advisory and Scoping meeting.

2.     10:30 A.M. COMMENT PERIOD:  Members of the public may address the Board on matters which are within the jurisdiction of the Board.  If you are addressing the Board regarding a matter listed on the agenda, you may be asked to hold your comments until the Board takes up that matter.  Please limit your comments to three minutes or less.

Action: Public Comment was heard from Robert Owen and Susan White.

3.     10:40 A.M.  Habitat for Humanity.  Direct staff to research alternative options for building permit fees.

Action: Carol Matthews, President of Del Norte Habitat for Humanity requested the Board waive the building permit fees for this home.  Staff was directed to find an alternate method to mitigate the fees and report back to the Board at the next meeting.

4.     10:45 A.M. Nuisance Abatement Hearing for the property at 1329 Burtschell Place, Crescent City, CA. Assessor's Parcel Number 117-041-10.**

Action: Sworn testimony was heard from the Code Enforcement Officer. Chair Finigan opened the Public Hearing.   No public comment was given. 

After discussion by the Board, the County Administrative Officer recommended that the Public Administrator needs to make sure that no one has legal title to the property. 

Chair Fingian closed the Public Hearing and continued this item and directed that the Public Administrator return before the Board on October 23, 2007 with a plan of action for this property.

5.     11:00 A.M. Conduct a Public Hearing to consider the following: Redwood National and State Parks has applied for a County Encroachment Permit and submitted improvement plans for work to be one in the Elk Valley Road right-of-way between Steeps Lane and Aubell Lane. Recommendation for the Board Action: 1) Approve and Authorize the Chair and the County Engineer to sign the plans for the proposed improvements to Elk Valley Road submitted by Redwood National and State Parks as modified; and 2) Authorize Staff to issue Redwood National and State Parks an encroachment permit for the installation of the improvements with the proposed conditions incorporated into the encroachment permit.**

Action: The County Engineer commented on the improvements to Elk Valley Road and that the Elk Valley Rancheria was no longer involved. Chair Finigan opened the Public Hearing.  Public comment was heard from Ron Plechaty. 

The Board approved the recommendation for Board action with the following conditions:  1)  The shoulders on the westside of Elk Valley Road shall be filled, widened and compacted with material suitable for establishing five foot (5') pedestrian walkway and bicycle lane.  2)  The shoulders on the eastside of Elk Valley Road shall be paved to the same specifications as the roadway.  3)  A south bound egress lane shall be established at the intersection of Elk Valley Road and Aubell Lane by changing the striping plan.  4)  Signage shall be posted on both the northbound and southbound traffic lanes on Elk Valley Road prior to the entrance to the new facility, indicating traffic congestion ahead.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

 

CONSENT AGENDA

Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.

Action: Public Comment was heard from Richard Miles, Gary Blatnick, Jan Moorehouse, and Doug Morgan, CAN.

The Consent Agenda (Items 1 through 19) was adopted unanimously.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       5              Leslie McNamer, Martha McClure, Gerry Hemmingsen, Michael Sullivan, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve and Adopt Special Meeting Minutes of September 17, 2007.**

Action: Approved

7.     Approve and Adopt the Minutes of September 25, 2007 meeting.**

Action: Approved

8.     Approve and Adopt Special Meeting Minutes of October 1, 2007.**

Action: Approved

9.     Adopt a Proclamation proclaiming October 18, 2007 International Credit Union Day.**

Action: Adopted

10. Adopt a Proclamation proclaiming October 20, 2007 as Rotary Day in Del Norte County.**

Action: Adopted

11. Approve Subrecipient Agreement with Community Assistance Network for Human Needs Services to implement a portion of the County's 2006 General Allocation Community Development Block Grant and Authorize the County Administrative Officer to execute all necessary documents associated with the Agreement as requested by the County Administrative Officer.**

Action: DNCO Agreement 2007-185

12. Approve and Adopt the Memorandum of Agreement (MOA) with Trinity County for the transfer of ownership of a 28-foot and a 45-foot railroad flatcar bridge structure that will be used by the Del Norte County Road Division and Authorize the Chair to sign the Agreement as requested by the County Engineer.**

Action: DNCO Agreement 2007-186

13. Approve and Authorize the Chair to sign the Agreement with Robert Soper, M.D. for the provision of psychiatric services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-187

14. Approve and Authorize the Chair to sign the Agreement with Raphaelle A. Butler, M.D. for the provision of psychiatric consultation services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-188

15. Approve and Authorize the Chair to sign the Agreement with Pasquale Romano for certified child abuse and domestic violence prevention services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-189

16. Approve and Authorize the Chair to sign the Agreement with the National Council on Crime and Delinquency for Structured Decision Making (SDM) services as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-190

17. Approve and Authorize the Chair to sign the Agreement with Remi Vista, Inc. to provide children's mental health services to eligible children, youth and their families as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-191

18. Approve and Authorize the Chair to sign the Lease Agreement with Remi Vista, Inc. for office space located at 206 Williams Drive, Crescent City, CA. as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2007-192

19. Approve the California's Child and Family Services Review (C-CFSR) Del Norte County Self-Assessment to be submitted by the Department of Health and Human Services as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Approve a Traffic Study on Washington Boulevard from the intersection of Northcrest Drive to the intersection of Pebble Beach Drive as requested by the County Engineer.**

Action: The County Engineer provided comment on the Engineering and Traffic Study (ETS). 

The Board approved the ETS on Washington Boulevard between the intersection of Pebble Beach Drive and the intersection on Inyo Street confirming that the speed limit remains unchanged at 50 miles per hour.  

Staff was directed to break out the ETS on Washington Boulevard between Inyo and Arlington and Arlington to Northcrest and provide the speed study for these two areas and present the information at the Board meeting on October 23, 2007.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       5              Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

21. Review, Discuss and Direct Staff regarding the Recovery Plan for the Pacific Coast Population of the Western Snowy Plover.  Take action as necessary.**

Action: Public comment was heard Susan Epperson, Ron Plechaty, Eileen Cooper, Armand Trinitopoli and Jenny McNamara. 

After discussion by the Board, staff was directed to write a letter and comment regarding that US Fish and Wildlife did not coordinate and that they need to coordinate with Del Norte County.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

22. Review, Discuss and Direct Staff regarding the Draft Economic Analysis of Critical Habitat Proposal for the Tidewater Goby Available for Public Review and Comment.  Take action as necessary.**

Action: Public comment was heard from Carl Page, Armand Trinitopoli, Ron Plechaty and Eileen Cooper. 

After discussion by the Board, staff was directed to comment on the lack of coordinated effort and the need for coordination between the US Fish and Wildlife Service and Del Norte County, that the County should have a voice at the table, US Fish and Wildlife should identify the procedure on how the County receives information and that the current procedure is not adequate, request to continue with the permitted breaching regiments, comment on the need to show the plan for exotic species to assist that we are not invaded by exotic species and that we take whatever alternative they have identified as is and that's what we would need to identify since we don't have a myriad of options in the nine day comment period and include the economic impact to Del Norte County.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

23. Review, Discuss and Direct Staff regarding the Revised Decision on the Smith River National Area Road Management Route Designation Project.  Take action as necessary.**

Action: Public comment was heard from Carl Byerly, Armand Trinitopoli and Eileen Cooper. 

After discussion by the Board, staff was directed to comment on the lack of coordinated effort and the need for coordination and the implementation of RS2477, request clarification of why the roads were removed and insist that dialogue between the Board and the US Forest Service take place.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

24. Delay the approval of the rate increase requested by Del Norte Ambulance until both the rate increase and the contract are considered by the Board of Supervisors in tandem requested by the County Administrative Officer.**

Action: Supervisor Sullivan recused himself from this item. 

Public Comment was heard from Ron Sandler and John Pritchett.

The County Administrative Officer recommended a delay for two more weeks to get the contract completed.  Staff was directed that a completed contract including the rate increase be on the Board agenda for October 23, 2007.

25. Authorize the Chair to sign an Agreement with Wal-Mart regarding the cost of a peer review of the Administrative Draft Environmental Impact Report (ADEIR) for their expansion project at their location on Washington Boulevard as requested by the Director of Community Development (see corresponding Budget Revision, Item #27).**

Action: DNCO Agreement 2007-193

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

Vote Yea:       5              Leslie McNamer, Gerry Hemmingsen, Martha McClure, Michael Sullivan, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

26. Discussion and possible action in regards to appointments to the 1)Border Coast Airport Authority and 2) LTCo.

Action: Staff was directed to notice, per the Maddy Act, available public member appointments on both the Border Coast Airport Authority and the Local Transportation Commission.  Currently, three Board members are appointed to the Border Coast Airport Authority and the Local Transportation Commission and will need to be noticed as Board meetings when meetings are convened.  These applications will allow the Board to see if there is a better scenario available.  Staff was also directed to speak with the City regarding their appointments to the Local Transportation Commission as well.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       5              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

27. Approve the Budget Transfer (10-01) within the Department of Community Development adding the revenue and expenditures for the peer review in the amount of $9,600.00 as requested by the Director of Community Development. (See item 25 for the Agreement).**

Action: Approved

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       5              Michael Sullivan, Gerry Hemmingsen, Martha McClure, Leslie McNamer, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

 

LEGISLATIVE AND BUDGET ISSUES:

28. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and appropriate letters and/or positions with respect to matters pending before the state or federal governments.

Action: Comments were given by the County Adminsitrative Officer regarding Health Care Reform.

CAPITAL PROJECTS:

29. Written Capital Projects update.  Informational only.**

Action: Informational Only

30. Direct staff to pursue a one-time claim payment for the Veteran's Hall Floor Damage as requested by the Assistant County Administrative Officer.**

Action: Approved

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       5              Martha McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 11, 2007

 

 

THE AGENDA AND ACTION SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us