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, May 26, 2009

    5:00 PM

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.

 

 

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; John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; 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; McNamara & Peepe, US Bankruptcy Court, Northern District no. 1-84-00550; Gregory Jones & Darlene Jones v. County of Del Norte, et. seq. US District Court, Northern District no. cv 08 3222BZ; Crescent Heritage Coalition v. County of Del Norte, Del Norte Superior Court Docket # CVUJ 08-1408; Wigley v. Del Norte CVPI 06-1401; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; Olson v. Riese, Del Norte Superior Court # CVUJ08-1513; Tyler Dickson v. Del Norte County, Del Norte Superior Court # CVUJ-1485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; 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.

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

Action: The Pledge was led by Chairman Hemmingsen due to the absence of the Assistant County Administrative Officer.

·        Introduction of new employees to the Board of Supervisors.

Action: Gary Blatnick introduced Jan DeMarinis, the new Clinical Services Provider for Mental Health.

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

Action: County Counsel 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: County Counsel requested that the Board delete Item #19 and replace it with an amended Ordinance.  It was requested to be brought forth as an urgency item.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the amended Ordinance to be put onto the agenda as an urgency item.

Motion:        Move to approve

Move:      Michael Sullivan

Second:        Leslie McNamer

 

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

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 McClure commented on her absence for the past couple weeks being due to foot surgery, reported on attending a California Democratic Convention in Sacramento and was able to meet with Wesley Chesboro regarding local issues such as the Marine Life Protection Act discussion, participated in an EMS teleconference, commented on the Juvenile Justice Commission being in the final preparation of their annual State of the System for Juvenile Justice Services, participated in a Solid Waste Authority meeting, participated in a Loan Committee meeting and asked that the Housing Department bring forward the home loan program so the Board can analyze the application process and make a decision on whether to reapply, commented on being elected the Vice-Chair for the California Democratic Rural Caucus at the State Democratic Convention and commented that some of the key points she would be focusing on for our community would be Broadband, transportation, and special consideration for Legislative relief through the budget process.

Supervisor McNamer reported on attending a Del Norte Solid Waste Management meeting, attending an Air Quality Management meeting that was held in Del Norte County, attending a LAFCo meeting regarding the MSR's, attending a Revolving Loan Committee meeting, attending an IGRC meeting, attending Bill Sullivan's memorial service, attending the Memorial Day services and commented that she was disappointed in the turnout and participation, and commented on leaving the next day for a CMSP meeting.

Supervisor Finigan reported on attending the City/County meeting and commented that it went well and stressed the need to meet more often, attending a meeting in Klamath for the Klamath Community Services District regarding the sewer and water issues, attending a field trip for Mary Peacock to the Wildflower Exhibit, attending a Tri-Agency meeting regarding the budget, attending a CASA Board meeting regarding the budget, bylaws, and mission statement; voting, traveling to Pendleton Oregon for NACO's Western Interstate Region meeting, commented on attending the CSAC Legislative Conference in the near future, and congratulated Supervisor McClure on her being elected Vice-Chair to the Rural Caucus.

Supervisor Sullivan reported on attending the City/County meeting, participating in action summary, attending an LTCo meeting, and extended his thanks to the community for their support regarding his father's passing.

Supervisor Hemmingsen reported on attending the City/County meeting, attending an Resource Conservation & Development meeting and commented on the 5 County Salmonid joining the group, attending a meeting with the Harbor regarding their power problem, attending an LTCo meeting, attending a LAFCO meeting and commended George Williamson again on his continued dedication to the position of Executive Director, voting on Tuesday, attending an Resource Conservation District meeting regarding lake level issues, participating in agenda review, attending the Mill Creek Advisory meeting, attending a meeting with Elk Valley Rancheria and Community Development regarding road issues, attending the Meritime dedication, attending the services for Bill Sullivan and commented that he will be sorely missed, attending the Memorial Day services, and commented that he will be going to a Dungeness Crab Task Force meeting as well as a Fisheries Marketing Association meeting in Eureka.

 

2.     10:20 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: Al Muelhofer of the Klamath Fire Protection District gave an update on their new chief.

3.     10:45 A.M. Hold a Public Hearing for H50, LLC "D" Combining District Rezone (R0904),adopt the Findings and Negative Declaration, and approve the "D" Combining District Rezone as described in Exhibit "A" by approving an Ordinance amending Non-Coastal Zoning Map D-4 as requested by the Senior Planner.**

Action: Chair Hemmingsen opened the Public Hearing.  No Public Comment was given. Heidi Kunstal presented the item. Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board held a Public Hearing for H50, LLC "D" Combining District Rezone (R0904), adopted the Findings and Negative Declaration, and approved the "D" Combining District Rezone as described in Exhibit "A" by approving an Ordinance amending Non-Coastal Zoning Map D-4.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     11:00 A.M. Approve and adopt the attached Ordinances for text amendments to the Del Norte County Code - Title 20 Zoning- Chapter 20.47 Flood Damage Prevention (Non-Coastal) and Title 21 Coastal Zoning- Chapter 21.45 Flood Damage Prevention (Coastal). Furthermore, adopt a Resolution submitting the text amendment to Title 21 as an amendment to the County's Local Coastal Program as requested by the Senior Planner.**

Action: Heidi Kunstal presented this item.  No Public Comment was given.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and adopted the attached Ordinances for text amendments to the Del Norte County Code - Title 20 Zoning- Chapter 20.47 Flood Damage Prevention (Non-Coastal) and Title 21 Coastal Zoning- Chapter 21.45 Flood Damage Prevention (Coastal), and furthermore, adopted a Resolution submitting the text amendment to Title 21 as an amendment to the County's Local Coastal Program.

 

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

CONSENT AGENDA

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

Action: Supervisor Sullivan pulled Item #15 for separate discussion and recused himself from Items #5 and #6 for conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the Consent Agenda, Items #5 through #14.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve and authorize the Chair to sign a lease agreement with Crescent City Properties, LLC. for the Department of Health and Human Services office space located at 425, 435, 445 K Street, Crescent City, CA  at a total cost of $.90 per square foot as requested by the Director of Health and Human Services.**

Action: Approved

6.     Approve and authorize the Chair to sign an Agreement with Dennis E. Louy for professional services for production of Del Norte County's Operational Area Mass Fatality Management Plan for the period May 26, 2009 through July 15, 2009 as requested by the Director of Health and Human Services.**

Action: Approved

7.     Approve the Child Care Priorities Report for Del Norte County and authorize a representative to sign and date the document upon approval as requested by the Coordinator of the Del Norte Local Child Care Planning Council.**

Action: Approved

8.     Approve and authorize the Chair to sign the final agreement between the County of Del Norte and the Board of Administration California Public Employees' Retirement System for the addition of Section 20903 (Two Years Additional Service Credit) for local miscellaneous members and local safety members as requested by the County Administrative Officer.**

Action: Approved

9.     Approve and authorize the Chair to sign the attached "Proclamation of National Foster Care Month" as requested by the Director of Health and Human Services.**

Action: Approved

Walter Schmidt accepted this Proclamation.

10. Approve and authorize the Chair to sign the Agreement with Del Norte Unified School District (DNUSD) for McCarthy Center Adolescent Day Rehabilitation Services as requested by the Director of Health and Human Services.**

Action: Approved

11. Approve the Agreement for printing and mailing services with Pre-Sort Center of Stockton, Inc. and authorize the Tax Collector and the County Administrative Officer to execute the Agreement.

Action: Approved

12. Approve and authorize the Chair to sign the agreement authorizing Frank's Refrigeration to clean the ventilation system at the Sheriff's Department in the amount of $12,972.00 as requested by the Superintendent of Building Maintenance.**

Action: Approved

13. Approve a request designating Ron Andrade as the Del Norte County California State Fair's County Exhibit Builder and Jeff Russell as the State Fair Representative for the year of 2009.**

Action: Approved

14. Approve and authorize the Chair and the County Administrative Officer to sign the County of Del Norte Equal Employment Opportunity Policy Statement as requested by the County Administrative Officer.**

Action: Approved

15. Review the Engineering & Traffic Study (ETS) on Fred Haight Drive and approve the County Engineer's recommendation to leave the speed limit on Fred Haight Drive at 45 miles per hour as requested by the County Engineer.**

Action: This item was pulled for separate discussion. Art Reeve, County Engineer answered questions from the Board.  On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board reviewed the Engineering & Traffic Study (ETS) on Fred Haight Drive and approved the County Engineer's recommendation to leave the speed limit on Fred Haight Drive at 45 miles per hour.  This motion was carried unanimously.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

REGULAR ITEMS

GENERAL GOVERNMENT:

16. Review the proposed Del Norte Solid Waste Management Authority (DNSWMA) budget for Fiscal Year 2009/2010 and notify DNSWMA in writing of any specific comment, objections, additions, or deletions to the proposed budget before or during the Public Hearing for the final adoption of the budget, scheduled at 3:45 PM on Wednesday, June 10, 2009 as requested by the Director.**

Action: Supervisor Hemmingsen requested that this item be brought back before the Board during the next scheduled meeting on June 2, 2009.  He also suggested that this be presented as a workshop in order to go over the budget. It was decided that this item be heard again on June 2, 2009 at 10:00 A.M.

17. Approve the attached application from the Border Coast Regional Airport Authority for Title III funding and direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Resource Advisory Committee for their review and comment as requested by the Director of Community Development.**

Action: Ernie Perry, Director of Community Development presented this item.  On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved the attached application from the Border Coast Regional Airport Authority for Title III funding and directed the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Resource Advisory Committee for their review and comment.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

18. Waive full reading, read by title only, and introduce an Ordinance Amending Section 21.46.070 of the Del Norte County Code Relating to Location and Height Restrictions at County Intersections in the Coastal Zone and (2) Adopt a Resolution of the Del Norte County Board of Supervisors Submitting an Ordinance Amending Ordinance No. 83-03 (part) to the Coastal Commission as an LCP Amendment as requested by the Director of Community Development.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board waived the full reading, read by title only, and introduced an Ordinance Amending Section 21.46.070 of the Del Norte County Code Relating to Location and Height Restrictions at County Intersections in the Coastal Zone and (2) Adopted Resolution of the Del Norte County Board of Supervisors Submitting an Ordinance Amending Ordinance No. 83-03 (part) to the Coastal Commission as an LCP Amendment.

 

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

19. Waive full reading, read by title only, and introduce an Ordinance Amending Section 12.080.010, Repealing Section 12.09.010 and Chapter 20.49, and amending Section 20.48.070 of the Del Norte County Code Relating to Location and Height Restrictions at County Intersections as requested by the Director of Community Development.**

Action: This item was replaced with an amended Ordinance that was added to the agenda at the start of the meeting as an urgency item.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board waived the full reading, read by title only, and introduced an Ordinance Amending Section 12.080.010, Repealing Section 12.09.010 and Chapter 20.49, and amending Section 20.48.070 of the Del Norte County Code Relating to Location and Height Restrictions at County Intersections.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       4              Michael Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 1              Martha McClure

20. Waive full reading, read by title only and adopt an Urgency Ordinance relating to Location and Height Restrictions at County Intersections as requested by the Director of Community Development.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board waived the full reading, read by title only and adopted an Urgency Ordinance relating to Location and Height Restrictions at County Intersections.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

21. Authorize the Chair of the Board of Supervisors to send the attached letter to Senator Feinstein reaffirming the Board of Supervisors' position regarding "No Net Loss", and reaffirming the County's stance on access, mitigation, and coordination.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board authorized the Chair of the Board of Supervisors to send the attached letter to Senator Feinstein reaffirming the Board of Supervisors' position regarding "No Net Loss", and reaffirming the County's stance on access, mitigation, and coordination and the motion was carried unanimously.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan, and seconded by Supervisor Finigan, the Board approved Budget Transfers (05-02, 05-03, 05-07, 05-08, 05-09, 05-10, 05-11, 05-12, 05-13, 06-01).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Approve Budget Transfers (05-02) in the amount of $10,710.00 and (05-03) in the amount of $10,710.00 within the Department of Health and Human Services Budget for EMS and Public Health as requested by the Director of Health and Human Services.**

Action: Approved

23. Approve a Budget Transfer (05-07) in the amount of $70,000.00 within the Housing Rehabilitation Budget as requested by the County Administrative Officer.**

Action: Approved

24. Approve Budget Transfers (05-08) in the amount of $23,190.00 and (05-09) in the amount of $32,992.00 within the Probation Department as requested by the Interim Chief Probation Officer.**

Action: Approved

25. Approve a Budget Transfer (05-10) in the amount of $7,000.00 within the Board of Supervisors Budget for travel and training as requested by the County Administrative Officer.**

Action: Approved

26. Approve a Budget Transfer (05-11) in the amount of $81,000.00 within the Grants and Administration budgets as requested by the County Administrative Officer.**

Action: Approved

27. Approve a Budget Transfer (05-12) in the amount of $2,512.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**

Action: Approved

28. Approve a Budget Transfer (05-13) in the amount of $12,325.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**

Action: Approved

29. Approve a Budget Transfer (06-01) in the amount of $140,000.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

30. 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: County Counsel brought to the Board attention bills AB 226, 291 and SB 262 and identified areas of concern for the Board and the Director of Community Development, Ernie Perry agreed with the concerns.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan the Board directed staff to write such letters and authorized the Chair to sign them.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

31. Hold a discussion regarding S.787 Clean Water Restoration Act and take action as necessary.**.

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board directed staff to write a letter regarding S.787 Clean Water Restoration Act.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

32. A Written Capital Projects Update. Information Only.**

Action: Ernie Perry, Director of Community Development gave an update on the traffic light on Washington Blvd.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  June 3, 2009

 

 

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