AGENDA

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

LAKE EARL GRANGE

6820 LAKE EARL DRIVE

FORT DICK, CA  95531

 

 

REGULAR MEETING

Tuesday, February 26, 2008

    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, Gerry Hemmingsen and David Finigan

                  

Absent:       Michael Sullivan

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 Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Susan White v District Attorney, Case No. CVUJ 07-1436; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572  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 County Humane Society.

Action: Jennifer Henion, Danielle Larsen-Wheeler, Tana Bachman, and Ken Smith, Agricultural Commissioner, spoke about Humane Society programs and progress.

·        The Pledge of Allegiance to the Flag led by a representative from the Humane Society.

·        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

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

Action: County Counsel stated no reportable action was 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: No deletions, corrections, or additions were requested.

 

SCHEDULED ITEMS:

1.    10:10 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 Hemmingsen commented on attending a JPA Airport Workshop regarding progress followed with a JPA Airport meeting, attending a conference in New Orleans focusing on Traffic Safety, attending a Smith River Recreation Area meeting with Jim Pena, Jay Sarina, and Supervisor Sullivan on improving the situation between the National Recreation Area and the County, attending a Solid Waste Management Authority meeting on behalf of Supervisor Sullivan, attending a Local Transportation Commission meeting, attending a Future Facilities meeting, attended a Pelican Bay State Prison Citizen Advisory meeting with regards to work crews and presentation on sewer facilities, attending a meeting with Grant Wershkull and Laura Mayo, attending a Local Mental Health Board Meeting, attending a meeting with crab fisherman regarding an advisory panel, attended a meeting at Pelican Bay State Prison on behalf of Supervisor Sullivan to discuss an anerobic digester, attending a Farm Bureau Dinner at Ship Ashore, and attending a LAFCO meeting;  ~Supervisor McClure commented on attending a Solid Waste Management Authority Meeting, attending a CAPCE meeting, attending a meeting on CDBG grant process application for a Culinary Education Center, attending a meeting with the Juvenile Justic Commission regarding bringing in an Intervention Specialist to assist,  meeting with Jay Sarina, Elk Valley Rancheria, and Smith River Rancheria to discuss management plan for Point St. George, meeting with Grant Wershkull about Agnew property and Coastal Trail Project;  ~Supervisor McNamer commented on attending a CDBG meeting, commented on the major sewer project to extend further on Northcrest Drive, commented on saving a mobile home trailer park that is under a Cease and Desist Order, attending an IGRC meeting, attending a Boys and Girls Club meeting, and attending a meeting with Grant Wershkull regarding the Agnew property;  ~Supervisor Finigan commented on attending a CAPCE meeting, attending a First 5 meeting, attending a JPA Airport workshop and JPA Airport meeting, being recognized for Realtor achievement by Chetco Federal Credit Union, meeting with the new Editor of the Triplicate, attending an American Fishing Federation meeting, attending a meeting with the Mayor regarding Advisory Vote language, attending a meeting with the Klamath Chamber, attending a City Council Schools meetings, meeting with Ask Del Norte, meeting with CASA to focus on Tribal aspects, attending a meeting in Sacramento with RCRC and State Legislature, attending three agenda reviews, and participated in an RCRC conference call regarding budget issues.

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 Vicky Frazier, County Clerk-Recorder; Grant Werschkull, Community Forest; and Mark Andre, Community Forest Manager, Director of Environmental Services.

 

3.    10:40 A.M.  Presentation from Vicki Frazier, Registrar of Voters, to recognize workers in the February 5, 2008 Presidential Primary Election.**

Action: Presentation was moved to the meeting of the Board of Supervisors on March 11, 2008.

4.    10:45 A.M.  Conduct a Public Hearing to consider approval of a Rezone, Richard Hopkins, (R0801) as requested by Planner II.**

Action: Randy Hooper, Planner II commented on the Rezone.  Chair Finigan opened the Public Hearing and Public Comment was given by Rose Hepburn and Bonnie Barrow.  Chair Finigan closed the Public Hearing.

After discussion by the Board on a motion by Supervisor Hemmingsen and seconded by Supervisor McNamer, the Board moved to approve  the Rezone, Richard Hopkins, (R0201), by adopting the findings and approving the project as conditioned.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

Vote Yea:       4              Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

5.    11:00 A. M.  Conduct a Public Hearing to consider the Appeal of Condition 11 on Richard and Leanna Hopkins Subdivision MS0802, APN 116-263-20 & 24 as requested by the County Engineer.**

Action: Art Reeve, County Engineer, commented on Appeal.  Chair opened the Public Hearing and Public Comment was given by Rose Hepburn, Mark Cambra, Erik Weber, and Ernie Perry, Director for Community Development.  Chair Finigan closed the Public Hearing.

After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor McNamer, the Board granted the appeal and modified last sentence in Condition 11 to state that the paving of the road be the unimproved portion of Pine Grove Road, 20 feet wide, to the intersection of the proposed access road, an approximate distance of 225 feet.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

6.    11:15 A.M.  Conduct a Public Hearing to consider approval of a Rezone, Kou Moua, (R0630) as requested by the Senior Planner.**

Action: Heidi Kunstal, Senior Planner, commented on Rezone.  Chair Finigan opened the Public Hearing and public comment was given by Jim Coop, Scott Feller, Mac Eller, and Ron Plechaty.  Chair Finigan closed the Public Hearing.

After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor Finigan, the Board tentatively approved and adopted the Negative Declaration and revised Findings and directed staff to submit the Board package to the California Board of Forestry for Review.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan

 

Vote Yea:       4              Gerry Hemmingsen, David Finigan, Leslie McNamer, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 0              None

7.    11:30 A.M.  Presentation from Sara Borok, Associate Fisheries Biologist, regarding the Klamath River Project.

Action: Sara Borok gave a presentation on the upcoming regulations.

8.    11:45 A.M.  Presentation from Andrea Souther regarding the  National Resource Conservation Service.

Action: Andrea Souther gave a presentation on the National Resource Conservation Service.

CONSENT AGENDA

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

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Leslie McNamer, Gerry Hemmingsen, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

9.    Approve Minutes from the February 5, 2008 meeting.**

Action: Approved

10. Approve and Authorize the Chair to sign the Agreement Between County of Del Norte and Alpha Environmental, Inc for Asbestos Removal Services and Authorize County Administrative Officer to approve contract change orders up to a maximum of $2,500 as needed as requested by the County Administrative Officer.**

Action: Approved

11. Appoint Sherri Adams, Staff Services Analyst, as the Del Norte County Alternate Representative to the CSAC Excess Insurance Authority Board of Directors as requested by the County Administrative Officer.**

Action: Approved

12. Appoint Sherri Adams, Staff Services Analyst, as the Del Norte County Alternate Representative to the Trindel Board of Directors, as requested by the County Administrative Officer.**

Action: Approved

13. Approve and Adopt the Statement of Votes cast at the February 5, 2008 Presidential Primary Election and request that a copy be lodged in the Office of the County Clerk as requested by the County Clerk- Recorder.**

Action: Approved

14. Approve and Authorize the Chair to sign Agreement with the Del Norte County Superior Court for court bailiff services and Establish and additional Deputy Sheriff I/II/III position assigned to the Court/Bailiff Unit effective 03/01/08.**

Action: Approved

15. Approve and Adopt a Resolution to Eliminate the position of Airport Manager within the Community Development  Department effective February 1, 2008 and Transfer the two positions of Airport Maintenance Worker I/II/III from the Community Development Department to the Building/Parks Department effective February 1, 2008 as requested by the County Administrative Officer.**

Action: Approved

16. Approve the Substance Abuse Crime Prevention Act County Plan update as requested by the Director of Health and Human Services.**

Action: Approved

17. Approve and Authorize the Chair to sign Lease Agreement with George M. Mavris for office space known as the 540 H Street Building as requested by the Director of Health and Human Services.**

Action: Approved

18. Approve and Authorize the Director of Health and Human Services to notify the State Department of Public Health of Intent to Contract for Local Public Health Services as requested by the Director of Human and Health Services.**

Action: Approved

19. Approve and Authorize the Chair to sign Agreement with Sandra Morrison for Clean and Sober Living Residence Services as requested by the Director of Health and Human Services.**

Action: Approved

20. Approve and Authorize the Chair to sign the Agreement with Open Door Community Health Centers For Children's Health Outreach Coordination to provide outreach coordination for the Del Norte Children's Health Initiative Coalition as requested by the Director of Health and Human Services.**

Action: Approved

21. Approve and Authorize the Chair to sign the amended Lease Agreement with Community Assistance Network for office space as requested by the Director of Health and Human Services.**

Action: Approved

22. Approve and Authorize the Chair to sign Agreement with Remi Vista, Inc. for Special Education Day Rehabilitation Services as requested by the Director of Health and Human Services.**

Action: Approved

23. Acknowledge the appointment of Connie Merrill as Chief Probation Officer effective immediately as requested by the County Administrative Officer.**

Action: Acknowledged

24. Authorize the Del Norte County Sheriff to fund award plaques to be presented to staff and volunteers of the Del Norte County Sheriff's Department during the 14th annual LEADN awards as requested by the Sheriff-Coroner.**

Action: Approved

 

REGULAR ITEMS

GENERAL GOVERNMENT:

25. Approve and Adopt the Memorandum of Understanding for Services Between the County of Del Norte and the Border Coast Regional Airport Authority for Del Norte County Regional Airport, Jack McNamara Field/CEC and Approve and Adopt the Provisional Agreement to Cover Maintenance and Oversight Services from February 1, 2008 through June 30, 2008 as requested by the JPA Airport Manager and County Administrative Officer.**

Action: Comment was heard from Jim Bernard, JPA Airport Manager.

After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor McNamer, the Board approved and adopted the Memorandum of Understanding for Services Between the County of Del Norte and the Border Coast Regional Airport Authority for Del Norte County Regional Airport, Jack McNamara Field/CEC and approved and adopted the Provisional Agreement to Cover Maintenence and Oversight Services from February 1, 2008 through June 20, 2008.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

Vote Yea:       4              Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

26. Approve and Authorize the Chair to sign and send the attached response to Ms. Williams, President of Del Norte Chapter SEIU Local 1021 as requested by the County Administrative Officer.**

Action: Comments were heard from Jeannine Galatioto, County Administrative Officer; Norma Williams, and Tom Seither.

After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign and send the attached response to Ms. Williams, President of Del Norte Chapter SEIU Local 1021.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Leslie McNamer

 

Vote Yea:       4              Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

27. Approve and Authorize staff to submit a funding application to the Department of Transportation for installation of guardrail at nine (9) locations on P.J. Murphy Drive/Requa Road, and Authorize the Director of the Community Development Department to sign documents necessary for submittal as requested by the County Engineer.**

Action: Ernest Perry, Director of Community Development, commented on application.

After discussion by the Board and on a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board moved to approve and authorize staff to submit a funding application to the Department of Transportation for installation of guardrail at nine locations on P.J. Murphy Drive/Requa Road, and authorize the Director of the Community Development Department to sign the documents neccessary for submittal with the correction to be made on Page 3 of the HSIP Application to change the Federal Funds Requested to the amount of $312,120 instead of $2,120.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       4              Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

28. Approve the Application to the Governor's Office of Emergency Services for  monies for the Victim Witness Program and Adopt the Resolution for the Continuing Implementation of this Program Within the District Attorney's Office as requested by the District Attorney.**

 

LAND USE:

 

BUDGET TRANSFERS:

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       4              Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

29. Approve and Adopt a Budget Transfer (02-06) within the Road Division in the amount of $64,350 to purchase a  D5GLT Bulldozer and authorize the "trade-in" of the old D-8 through Peterson Tractor as requested by the Director of Community Development.**

Action: Approved

30. Approve and Adopt Budget Transfer (02-07) within the Sheriff's Department in the amount of $31,040 for an additional Deputy Sheriff Bailiff as requested by the Sheriff-Coroner.**

Action: Approved

31. Approve and Adopt a Budget Transfer (02-09)  from General Fund Contingency to Operating Transfer Out to the Airport Budget Unit 103-321 in the amount of $70,661 and Transfer the funds effective February 1, 2008, increasing the County contribution to the Airport prior to the transfer of the Airport budget to the JPA effective February 2, 2008 as requested by the County Administrative Officer.**

Action: Approved

 

LEGISLATIVE AND BUDGET ISSUES:

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

Action: Jeannine Galatioto comments on the Budget and funds for rural roads.  Supervisor Finigan comments on the letters regarding infrastructure that were approved and that are to be hand-delivered to Washington.  Supervisor Finigan also commented on NACO regarding Transportation and Airport funds.  Supervisor Hemmingsen commented on the Emminent Domain Bill and wants to evaluate RCRC's position on the Bill.

 

CAPITAL PROJECTS:

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

Action: A written update was given.

 

ADJOURNMENT

Action: Recessed to Closed Session at 12:52 PM

 

Meeting adjourned at 12:56 PM

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 12, 2008

 

 

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