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, April 08, 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, 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 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; 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 Recreation Department

Action: A presentation was given by Jay Sarina and John Horner regarding the Recreation Program and comment was made about the different programs that are provided by the Recreation Department as well as future goals of the program.

·        The Pledge of Allegiance to the Flag led by Jay Sarina, Assistant County Administrative Officer.

·        Introduction of new employees to the Board of Supervisors.

Action: John Pospishil was introduced by dohn henion as the new Deputy County Counsel.

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

Action: County Counsel stated 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: The County Administrative Officer introduced an item to Authorize staff to open negotiations with Bertsh Oceanview Baptist Church for lands to be used as a community park, and Authorize the use of Proposition 40 Per-capita funds for any future purchase.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board carried the motion unanimously and accepted the item to be heard as an emergency item.

Motion:        Move to approve

Move:   Michael Sullivan

Second:        Leslie McNamer

 

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

A motion to Authorize staff to open negotiations with Bertsh Oceanview Baptist Church for lands to be used as a community park, and Authorize the use of Proposition 40 Per-capita funds for any future purchase was moved by Supervisor McNamer, seconded by Supervisor Sullivan, and carried unanimously.

Motion:        Move to approve

Move:   Michael Sullivan

Second:        Leslie McNamer

 

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

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 Sullivan reported on attending a Tri-Agency meeting and commented on a business development workshop to be held, attending a Recreation T-Ball game, attending a North Deal meeting with Cal-Trans, Sierra Club, and CHP which included Supervisor Connie Stewart, Lucille Vinyard, and Roger Rodoni, commented on the 100 million dollars in the Public Utilities Commission to provide broadband in rural areas, commented on connecting Eureka and Crescent City with microfiber, commented on SB 1191 and its progress in the legislature, commented on the educational aspect of the State budget, meeting with Max Santiago, North Manager for the CHP, mentioned Cal-Trans excess land sale, commented on the possibility of moving Cal-Trans off 101 and sharing the State National Parks facility off of Elk Valley Road, commented on the Martin Ferry Bridge retrofit to take place in June 2008, commented on the Klamath grade raise scheduled for construction by 2010 and the Last Chance grade, mentioned the replacement of Dr. Fine Bridge scheduled to start in 2012, discussed the near completion of Hardscrabble Bridge, referenced the Cablemesh Safety Project that is  planned to start in 2011 1.5 miles north of Gasquet to address the issue of rockslides,  attending a City workshop regarding Beachfront Park, and spoke about a 2x2 meeting with the Smith River Rancheria to be held later that afternoon, Supervisor McNamer reported on attending a Senior Center meeting and the addition of 3 new members, attending a Chamber meeting, attending a Redwood Mural Society meeting, attending an Alcohol, Tobacco, and other Drug coalition meeting regarding alcoholic caffeine drinks, attending meetings with residents who are medical marijuana patients, attending a City/County meeting regarding McNamara and Peepe, and attending a Chamber Mixer at St. Joseph school; Supervisor McClure commented on the First Time Home Owner's Home Loan program and the Home Repair Loan program, participating in the Goose Festival, attending the Wizard of Oz, meeting with Ben Cameron on the issue of fundraising for the Veteran's Memorial, participated in the Physician's Retention meeting, attending the Friday Night Live Town Hall meeting, and attending a meeting for the agenda on the Solid Waste Management Authority; Supervisor Hemmingsen reported on meeting with Mary Kay, the District Ranger for the Smith River Recreation Area regarding a resolution about the possibility of starting a community forest. commented on OHV use, attending a Dungeness Crab commission meeting,  attending a JPA Airport meeting, and attending a 2x2 meeting with the Elk Valley Rancheria;  Supervisor Finigan reported on attending a Safe and Healthy Families Committee meeting with Supervisor McNamer regarding marijuana, methamphetamine, and the Drug Task Force, meeting with Greg Burns who will be speaking to the legislature regarding funding for the airport and highways, attending agenda review for the airport, attending a Tri-Agency meeting and commented on the upcoming workshop on the 19th and 20th, meeting with John Erwin and a representative from the Chamber of Commerce from Oregon regarding the possibilities in the near term of bringing Broadband to Crescent City and also about the redundancy issue, participated in an RCRC conference call on the issue of the budget and Senate Bill SB1xxx, meeting with CASA, meeting with First 5 and the Family Resource Center, attending a Teen Alcohol meeting, attending a Physician's Recruitment meeting, attending a City/County meeting regarding the McNamara and Peepe property, attending a JPA Airport meeting, attending a 2x2 with Elk Valley Rancheria, meeting with those involved in Bertsh Oceanview property, participated in a conference call with advocates in Washington DC, and attending an awards ceremony at Mary Peacock School.

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: No Public Comment was given.

3.    10:45 A.M.  Presentation by Chris Lee on the issue of Sudden Oak Death in the North Coast of California.**

Action: A presentation was given by Chris Lee regarding the issue of Sudden Oak Death in the North Coast of California.

4.    11:00 A.M. Approve and Adopt the Resolution Establishing an Interim Interpretation and Application of Section 1802 of the California Building Code Regarding Foundations and Soils Investigations as requested by the Director of Community Development.**

Action: Ernest Perry gave a brief presentation of the item.

Chair Finigan opened up Public Comment. No Public Comment was given. Chair Finigan closed Public Comment and brought the matter back to the Board.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board Approved and Adopted the Resolution Establishing an Interim Interpretation and Application of Section 1802 of the California Building Code Regarding Foundations and Soils Investigations. (DNCO Resolution 2008-021)

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.    11:15 A.M.  Waive full reading, read by title only and introduce an Ordinance of the Del Norte County Board of Supervisors Amending Chapter 7.60 of the Del Norte County Code Relating to Medical Marijuana Guidelines for the Implementation of Proposition 215 (California Health & Safety Code § 11362.5 et seq.) and California Senate Bill 420 (Health & Safety Code § 11362.7 et seq.)

Action: Chair Finigan opened public comment.

Public Comment was heard from Randy Hodson, Victoria Dickey, Jason Browne, Eileen Myster, Wendy Flynn, Douglas McCarter, Sheriff Dean Wilson, Mike Henderson, Willis Storman, Mike McCauley, Pat Brooks, Dante Vitullo, and Anne Murray Duncan.  Chair Finigan closed Public Comment and the matter was brought back to the Board.

After discussion and on a motion by Supervisor McNamer and seconded by Supervisor McClure, the matter was set aside.

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:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.    Approve and Adopt the Minutes from the March 25, 2008 meeting.**

Action: Approved

7.    Approve Proclamation proclaiming the Week of April 20-26 as Safety Seat Checkup Week as requested by the Chair.**

Action: Approved

8.    Approve a Proclamation proclaiming the Week of April 27th through May 3, 2008 as National Volunteer Week as requested by the Administrative Assistant of the Volunteer Center of the Redwoods.**

Action: Approved

9.    Approve a Proclamation proclaiming April as "Sexual Assault Awareness Month" as requested by the North Coast Rape Crisis Team.**

Action: Approved

10. Approve a Proclamation proclaiming April 26, 2008 as "Junior Miss Day".**

Action: Approved

11. Approve a Proclamation proclaiming April 2008 as "Child Abuse Prevention Month" as requested by the Coordinator of Del Norte Child Abuse Prevention Council.**

Action: Approved

12. Approve and adopt a Resolution entitled A Resolution of the Del Norte County Board of Supervisors Proclaiming the Week of April 21st Through April 25, 2008 as Employee Recognition Week as requested by the County Administrative Officer.**

Action: DNCO Resolution 2008-022

13. Approve and Adopt the agreement with the Del Norte County Employees Association/SEIU Local 1021 adopting the following: a fifteen percent (15%) salary increase for all Attorney classifications, effective April 4, 2008, and an agreement to continue to meet and confer with the Union on items of economic interest as requested by the County Administrative Officer.**

Action: DNCO Agreement No. 2008-066

14. Approve and Authorize the Chair to sign the following amendment to the agreement for Parent Partner Services with Valerie Wenning as requested by the Chief Probation Officer.**

Action: DNCO Agreement 2008-067

15. Approve and Authorize the Del Norte County Counsel to hire an experienced attorney at the Deputy County Counsel III(C) level as requested by the County Counsel.**

Action: Approved

16. Approve the Establishment of New Positions at the Department of Health & Human Services as follows:  Establish the following positions within the Environmental Health Division of the Department of Health & Human Services effective June 28, 2008:  (1) Senior Environmental Health Specialist, Range 65, (2) Environmental Health Specialist I/II, Ranges 57/61;  Establish the following positions within the Public Health Division of the Department of Health and Human Services effective June 28, 2008:  (1) Senior Certified Public Health Nurse, Range 67, (2) Certified Public Health Nurse I/II, Ranges 60/63;  Establish the following position within the Mental Health Division of the Department of Health and Human Services effective April 18, 2008:  (1)  Clinical Services Manager, Range 65 effective April 18, 2008;  Eliminate the position of Mental Health Program Manager I/II effective immediately as requested by the County Administrative Officer.**

Action: Approved

17. Approve and Authorize the Chair to sign letter in support of "Protecting the Medicaid Safety Net Act of 2008" - H.R. 5613 as introduced by Representatives John D. Dingell (D-MI) and Tim Murphy (R-PA) on March 13, 2008 as requested by the Director of Health and Human Services.**

Action: Approved

18. Approve an amendment to the contract with Alpha Environmental, Inc. to provide asbestos removal services and Authorize the County Administrative Officer to approve the contract amendment and any change orders up to a maximum of $2,500 as needed as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2008-068

19. Approve and Authorize the Chair to sign the attached letter to Governor Schwarzenegger in support of Senate Bill No. 1349, an Act introduced by Senator Cox to amend Section 5600.8 of the Welfare and Institutions (W&I) Code, to address late State reimbursement for mental health services claims as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Waive full reading, read by title only and adopt an Ordinance of the Del Norte County Board of Supervisors Amending Ordinance No. 2007-001, the Master Fee Ordinance for the County of Del Norte as requested by the Director of Animal Control.**

Action: Ken Smith, Agricultural Commissioner, gave an overview of the fee increase.

Public Comment was heard from Jeff Cornett, David Nichols, Jim Snow, Ron Turner, Jerry Mooney, and Randy Hodson.

Chair Finigan closed Public Comment and brought the issue back to the Board.

After discussion, Chair Finigan directed the Agricultural Commissioner to continue to research the item.

21. Approve the Plans and Specifications and Contract Documents for the Surface Transportation Improvement Programs (STIP) overlay projects scheduled for this spring, and Authorize staff to advertise for bids as requested by the County Engineer.**

Action: Art Reeve gave an overview of the item. No Public Comment was given.

On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the request to Approve the Plans and Specifications and Contract Documents for the Surface Transportation Improvement Programs overlay projects scheduled for this spring, and Authorize staff to advertise for bids was carried unanimously.

 

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Capital Projects Update presentation from Jay Sarina.  Information only.**

Action: The presentation was moved to the next Board of Supervisors Meeting.

BUDGET TRANSFERS:

23. Approve a Budget Transfer (04-01) within the Department of  Bar-O-Boys Ranch in the amount of $1,200.00 for the purchase of two new computers as requested by the Director.**

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

24. 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.  Discuss letters of support in regards to the proposed measures, Assembly Bill 2607 and Senate Bill 1204.

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the action to authorize the Chair to sign the letters of support in regards to the proposed measures, Assembly Bill 2607 and Senate Bill 1204 was carried unanimously.

Jeannine Galatioto brought up the issue of Prop 98 and 99.

Supervisor Finigan suggested that Supervisor McNamer represent the Board in a special committee meeting regarding the medical marijuana issue.

 

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 11, 2008

 

 

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