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 22, 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; 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. Pursuant to Govt’ Code 54997, conducted annual evaluation of County Counsel.

 

                             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: Area 1 Agency on Aging.

Action: Beth Moore gave a brief presentation of Area 1 Agency on Aging and the different programs it offers.

·        The Pledge of Allegiance to the Flag led by Beth Moore.

·        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: Deputy County Counsel John Pospishil stated no reportable actions from 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 made.

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 reported on attending a Citizen's Advisory meeting at Pelican Bay, commented on Secretary Tiltons resignation of position and the issue of being back to square one on the issue, attending a Local Transportation Commission meeting, attending a City/County meeting, attending a wave-power generation seminar in Eureka and commented on the 3 year study, commented on not attending a meeting in Orick with the Under-Secretary of Interior and the Parks department due to never receiving a call to join, and attending an event for Wes Chesbro;  Supervisor McClure reported on attending an event for Wes Chesbro, reviewed transit contract proposals for management of the bus and Dial-a-Ride system, participating in a City/County meeting,  attending a Loan Committee meeting, attending a Healthy Workforce meeting regarding starting the process of employee compensation, attending a Community Health Alliance meeting regarding the uninsured working class, participated in Earth Day, met with Dean Vogel, the Vice President of the California Teacher's Association regarding the California Budget and school/city/county partnerships, talked with Deborah Hirst from the California Coastal Conservancy regarding money to assist the Harbor for replacement of the docks,  and commented on combining the Harbor and County as we already do for the city; Supervisor McNamer reported on attending a 2x2 meeting with Smith River Rancheria and Supervisor Sullivan, attending an IGRC meeting, received an update on the wastewater treatment facility and on Walgreens from the City, commented on Richard Enea, Supervisor Finigan, and Bob Berkowitz attending City/County Schools collaboration in Sacramento, attending a Revolving Loan Committee, attending a Road Show at Bar O Ranch and Family Support, attending two meetings with the medical marijuana commission, attending a Boys & Girls club meeting with a presentation by Karen Phillips, and attending a reception for Wes Chesbro;  Supervisor Sullivan reported on attending an Local Transportation Commission meeting, attending a City/County meeting, attending a 2x2 Smith River Rancheria meeting, attending a meeting in Smith River regarding work scheduled to be done on Fred Height Drive, attending a meeting with CAL-TRANS regarding the expansion of 199 and 197, attending Fran Visser's retirement party, attending an all-day workshop for Tri-Agency and commented on the progress made, attending the DNACA Maori performance, spoke with Senator Aanestad's office, and attended a Solid Waste meeting;  Supervisor Finigan reported on  attending a meeting with the 215 committee which is to be led by Supervisor McNamer, attending a Chamber of Commerce meeting, attending a City/County/Schools meeting, attending an IGRC meeting, spoke about reading for the children, attending an agenda review, attending the Youth and Family fair, participating in a conference call regarding the American Fishing Federation and the derby to be held in Klamath in August, attending a City/County meeting, attending a CAL-TRANS meeting at the Hampton Inn, attending meetings with Grant Wershkull regarding Hurdy-Gurdy creek and ground rules for mitigation before discussions of support were to be held, attending a Tri-Agency workshop and commented on the progress made at the meeting and its focus, attending the Wes Chesbro reception,  participated in an RCRC conference call regarding SRA bills, Rural Schools, and SB 1xxx, attending a Treasury Oversight committee which focused on investments, attending a meeting regarding the negotiation of the Lighthouse Community Church on Bertsh track and the intent to build a park in that area, commented on infill legislation and its relation to the prison, commented on Secretary Tilton's resignation of position, attended a few softball games, and commented on the upcoming Employee Banquet.

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 Kenyon Hensel regarding sportfishing regulations and requested that the Board draft a letter.   Chair Finigan requested that Mr. Hensel return to the May 27, 2008 meeting to provide the Board with a presentation.

3.     10:45 A.M.  Conduct a Public Hearing for the Del Norte County Farm Bureau Right to Farm Ordinance (R0805C) as requested by the Senior Planner.**

Action: Heidi Kunstal presented the recommendation of the Planning Commission to approve the proposed ordinance.

Chair Finigan opened the Public Hearing.

Public Comment was heard from Rob Miller and Becky Crockett, DNCO Farm Bureau, and Ron Plechaty in support of the ordinance.

Chair Finigan closed the Public Hearing and brought it back to the Board

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board voted to adopt the findings and adopt the Planning Commission recommended ordinance.

 

 

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

4.     11:00 A.M. Conduct a Public Hearing to consider a request for Variance for an Overheight Fence, Mark Danner, as requested by the Planner II.**

Action: Supervisor Sullivan recused himself in this hearing.

Randy Hooper presented the Planning Commission's recommendation in favor of the Variance. 

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

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board adopted the findings and Resolution and approved the project as conditioned.

 

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

5.     11:15 A.M. Conduct a Public Hearing to consider a request for General Plan Amendment, Garey Slaughter, as requested by the Planner II.**

Action: Randy Hooper and Ernie Perry both presented on this item.

Chair Finigan opened the Public Hearing.

No Public Comment was given.  Chair Finigan closed the Public Hearing.

After discussion by the Board a motion was made by Supervisor Sullivan and seconded by Supervisor McNamer to approve the project by adopting the findings and Resolution and approving the project as conditioned with an Amendment to the Resolution to read that the project incorporate a 100-foot required buffer plus an additional 50-foot buffer offered voluntarily by the property owner for a total of 150-foot buffer.

 

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.     11:30 A.M.  Conduct a Public Hearing to consider the Smith River Rancheria Variance for Off-site Wastewater Disposal Fields (V0803C) as requested by the Senior Planner.**

Action: Chair Finigan recused himself in this matter.

Heidi Kunstal presented the recommendation of the Planning Commission to approve the variance. Kara Brundin-Miller and Russ Crabtree spoke on behalf of the Smith River Rancheria.

Vice-Chair McNamer opened the Public Hearing.

Public Comment was heard from Cindy Carpenter and Cappy Dobbs.

Vice-Chair McNamer closed the Public Hearing and brought the matter back to the Board.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved and adopted the findings listed in the Planning Commission Staff Report and adopted a Resolution approving the Variance. (DNCO Resolution 2008-026)

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen         

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: Supervisor Hemmingsen asked that Item 7 be pulled from the agenda.

Chair Finigan directed the clerk to revise Item 7 and bring back to the Board at the next meeting.

The Consent Agenda (Items 8 through 18) was adopted unanimously.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

7.     Approve the minutes from the April 8, 2008 meeting.**

Action: Item was pulled to be revised.

8.     Approve and Authorize the Chair to sign the agreement upon approval of County Counsel for Consulting Services for an Actuarial Study to Value Other Post-Employment Benefits with Bickmore Risk Services and Consulting as requested by the County Administrative Officer.**

Action: Approved

9.     Approve and Authorize the Chair to sign a letter of endorsement for continued Fiscal support for the North Coast EMS Regional Medical Director for Fiscal Year 2008-2009.**

Action: Approved

10. Authorize the financing for the LEADN awards as requested by the District Attorney.**

Action: Approved

11. Approve and Authorize the Director of the Department of Health and Human Services to notify the State Department of Public Health of intent not to contract for Local Public Health Services as requested by the Director of Health and Human Services.**

Action: Approved

12. Approve and Authorize the Chair to sign the First Amendment to Multi-Year Contract for Fiscal Years 2007-08 through 2009-10, Department of Alcohol and Drug Programs-NNA Contract, and Authorize the Director, Department of Health and Human Services to sign any associated or required documents as they relate to this Agreement as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement No. 2008-072)

13. Approve and Authorize the Chair to sign a letter to be sent to State Senator Sam Aanestad regarding the amendment of SB 1668, Forests, Sudden Oak Death as requested by the Agricultural Commissioner.**

Action: Approved

14. Approve and Adopt a Resolution Approving Agreement No. 07-0751, Between Del Norte County and the California Department of Food and Agriculture for Services and Inspection of In-coming High-Risk Shipments of Plant Material from Hawaii, Florida and Southern States at Airfreight Facilities, Nurseries or Nursery Holding Facilities and Inspection of In-Coming Shipments of Plant Material at Parcel Terminals and Other Facilities and Authorize the County Agricultural Commissioner to sign the High-Risk Pest Inspection Agreement No. 07-0751 with the California Department of Food and Agriculture as requested by the Agricultural Commissioner.**

Action: Approved (DNCO Resolution No. 2008-027)

15. Approve and Adopt a Resolution Authorizing the Director of Animal Control to Enter Into Agreement with Hill's Pet Nutrition, Inc. for Entry into the Hill's Science Diet Shelter Nutrition Program and Authorize the Director of Animal Control to sign an agreement with Hill's Pet Nutrition for entry into the Hill's Science Diet Shelter Nutrition Program.**

Action: Approved (DNCO Resolution No. 2008-028)

16. Authorize the County Administrative Officer to notify the California Debt Limit Allocation Committee that Del Norte County is assigning their 2008 fair share allocation to California Homebuyers Fund under the auspices of RCRC as requested by the County Administrative Officer.**

Action: Approved

17. Approve and Authorize the Sheriff to move our recently promoted Deputy Sheriff III from a Step A at a Step C retroactive to date of promotion, March 21, 2008 as requested by the Sheriff-Coroner.**

Action: Approved

18. Approve and Authorize the Department of Health and Human Services, Public Health Branch, to apply for the Sober Truth on Preventing Underage Drinking Act Grant, and delegate Gary Blatnick or his designee to sign the necessary applications, contracts, agreements, amendments and payment request forms as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

19. Written Capital Projects Update.  Information Only.**

Action: Jay Sarina presented the Capital Projects Update report and spoke of the existing projects and those that are in the process of being implemented.

20. Presentation of Del Norte Solid Waste Management Authority, Fiscal Year 08/09 Budget.**

Action: Kevin Hendrick gave a presentation on the proposed budget for Del Norte Solid Waste Management Authority and fielded questions from the Board.

21. Approve the following Improvement Plans for Childs Avenue:  (1) Approve the proposed improvements for Childs Avenue right-of-way submitted by Sparky Richterich and Marshall Jones and authorize the Chairman of the Board and the County Engineer to sign the plans, and (2) Authorize staff to issue Developer an encroachment permit for the installation of the improvements in the Childs Avenue and Modoc Street right-of-way; (3)  Authorize the temporary closure of Modoc Street from Cooper Avenue to Murphy Avenue from August 15th to September 15th to install various utilities (sewer and water) and re-locate a culvert; (4)  Approve relocation of the Modoc Avenue culvert by the Road Division, with reimbursement from Developer as requested by the County Engineer.**

Action: Art Reeve presented the proposed improvements for Childs Avenue.

Chair Finigan opened Public Comment, and after no Public Comment was given, closed Public Comment.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board (1) Approved the proposed improvements for Childs Avenue right-of-way submitted by Sparky Richterich and Marshall Jones and authorized the Chairman of the Board and County Engineer to sign the plans, and (2) Authorized staff to issue Developer an encroachment permit for the installation of the improvements in the Childs Avenue and Modoc Street right-of-way; (3) Authorized the temporary closure of Modoc Street from Cooper Avenue to Murphy Avenue from August 15th to September 15th to install various utilities and re-locate a culvert; (4) Approved relocation of the Modoc Avenue culvert by the Road Division, with reimbursement from Developer.

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Approve a Budget Transfer (04-02) within the Sheriff's Department in the amount of $9948.00 to allow awarded grant funds to be spent in accordance with the grant guidelines as requested by the Sheriff-Coroner.**

Action: Approved

23. Approve a Budget Transfer (04-03) within the Sheriff's Department in the amount of $20,000.00 for boating equipment as requested by the Sheriff-Coroner.**

Action: Approved

24. Approve a Budget Transfer (04-04) within the budgets of OES, Administration, and Information Technology in the amount of $43,940.00 as requested by the County Administrative Officer.**

Action: Approved

25. Approve a Budget Transfer (04-05) within the Del Norte County Office of Emergency Services budget in the amount of $166,543 as requested by the County Administrative Officer.**

Action: Approved

26. Approve a Budget Transfer (04-06)within the Board of Supervisors and Administration Budgets in the amount of $17,000.00  for Travel, training, and communication as requested by the County Administrative Officer.**

Action: Approved

27. Approve a Budget Transfer (04-07) within the Community Development Budget in the amount of $1,500.00 to increase the Strong Motion Fee as requested by the Director of Community Development.**

Action: Approved

28. Approve a Budget Transfer (04-08) within the Department of Community Development, Road Division, in the amount of $1,813.00 for payment of omitted sales tax on an equipment purchase as requested by the Director of Community Development.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

29. 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: Supervisor Finigan commented on a workshop for the Executive Board of RCRC.He also stated that the next Board of Supervisors meeting was to be held in Klamath with closed session starting at 9:00 am at the Yurok Tribal Council.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 25, 2008

 

 

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