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, March 23, 2010

    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.

 

 

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), David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; and Coyle v. James Marmon, et al., DN Superior Court Case No. CVPM07-1572; Jones & Jones v. County of Del Norte, et. seq. US District Court, Northern District # cv 08 3222BZ; 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; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; 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. Conduct the annual evaluation of the Director of Information Technology pursuant to Govt’ Code 54997.  

 

 

 

 

 

REGULAR SESSION 10:00 A.M.

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

Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk took silent roll noting that all were present with the exception of Supervisor Sullivan.

·        The Pledge of Allegiance to the Flag led by Supervisor McNamer.

Action: Supervisor McNamer led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: County Counsel introduced Gretchen Sthur as the new Juvenile Dependency Deputy Counsel.

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

Action: County Counsel stated no reportable actions from Closed Session items.

The Chair stated no reportable actions from Closed Session after County Counsel left.

·        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 Chair requested that item 21 be removed from the Consent Agenda to General Government.

Supervisor McClure requested that Items #22 and #31 be pulled from the Consent Agenda for separate discussion.

Supervisor Finigan requested that language be added in paragraph 2 of item #33 to read "and now also Curry County, Oregon".

SCHEDULED ITEMS:

1.     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 McNamer reported on attending agenda review for the Solid Waste Management Authority, attending a Solid Waste Management Authority meeting, attending an Automation/Information meeting, attending an IGRC meeting, attending a  Future Facilities meeting regarding items in the vending machines at the recreation gym, attending the LEADn awards for the Sheriff's Department at the Cultural Center, attending an Air Quality Management District meeting, attending a LAFCO meeting regarding the sphere of influence, options to increase revenue for the Smith River Cemetery, and adding two special district representatives to the board, mentioned that she was heading to Sacramento the next day for a CMSP meeting, attending the Harbor Chamber mixer and commented that the Bar-O Boys did a great job, and wanted to explain to everyone about the subdiscussions between Board members, and wanted to thank Melody Cannon for her hard work.

 Supervisor McClure reported on attending a Redwood Coast Transit meeting regarding the new upgrade of the bus stops, attending a Solid Waste Management Authority meeting, wanted to thank Heidi Kunstal for providing information and services regarding the Stryker Project, attending an Automation/Information Goal meeting, attending the  LEADn awards, participated in the Physicians Recruitment meeting, having several meeting with Community Development regarding road issues, mentioned to staff and the Board that Assemblymember Chesbro was appointed as Chair of Natural Resources committee as well as Chair of the Joint Fisheries and Agricultural Committee. She also stated that he is also on the Health and Human Services Budget Committee and the Education Finance Committee and believes that he will be very important to our community in the future.

Supervisor Finigan reported on attending a First 5 father involvement workshop, attending a Airport JPA meeting, traveled to Washington for the NACO Legislation Days and while there attended meetings for the following: the Transportation Steering Committee, the Highway and Highway Safety Subcommittee, the Ports Subcommittee, the Airport Subcommittee, Western Interstate Region Board of Directors, Public Lands Steering Committees, Senate Environmental Public Works Committee regarding SAFETLU and bridges, meeting with the Legislative Aid for Senator Feinstein regarding the Forest Service, FEMA and road management, meeting with the Director of Intergovernmental Affairs at the Department of Interior regarding National Parks, Broadband and local government, meeting with Randy Phillips, Director of Legislative Affairs regarding the problems with Forest Services, met with Wally Herger and Tom McClintock, met with Senator Boxer regarding Rural Health Care, Rural Roads, and the Forest Service, meeting with Jay Jensen, the Deputy Undersecretary for Natural Resources and the Environment within the State's Agricultural Department regarding leadership in Region 5. He also reported on attending a Chamber mixer at the Harbor, attending a CASA meeting, attending a meeting with the Yurok tribe regarding fishing, attending the LEADn awards, attending an Airport JPA meeting, attending a CASA Board meeting, commented on his youngest son turned 19, and participated in a field trip with his daughter and her classmates to release salmon.

Supervisor Hemmingsen reported on traveling to Phoenix for his nephew pitching for the Cincinnati Reds, attending a port meeting with the local crab fisherman regarding the Local Dungeness Crab Task Force, attending a few Border Coast Regional Airport meetings regarding the Coastal Commission, attending a Local Transportation Meeting  regarding funding for the Hobbs Wall trail, attending the Rod and Gun Club dinner, had an interview with the MLPA Impact Assessment Team, met with the Yurok Tribe regarding fishing issues, commented on an upcoming workshop regarding this same issue, attending a RCD meeting, participating in agenda review, and attending a LAFCO 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: Doreen Wells introduced Patti Vernelson and Athena Csutoras as Local Planning Council members.

3.     10:35 A.M. Presentation by Northcoast Children's Service regarding the Early Head Start Expansion.   

Action: A presentation was given on the Early Head Start Expansion and discussed topics such as the stimulus package, enhancing the Cal-Safe program at Sunset High, and the annual report.

Public Comment was given by Doreen Wells regarding the elimination of programs in other counties, and Tamera Leighton regarding the immense help that was given to her son by the Head Start Program.

4.     10:50 Hold a Public Hearing for Steven Stary Minor Subdivision, MS0908 (An Appeal of Two Conditions of the Project's Approval) as requested by the Planner III.**   Document

Action: Chair Hemmingsen opened the Public Hearing.

Randy Hooper presented this item and fielded questions from the Board.

The Appellant, Steven Stary spoke on his behalf.

Public Comment was heard from Harriet Clough.

Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the following recommendation: 1) Uphold the Planning Commission's approval of MS0908 with the following modifications: (a) Condition #2 be removed; (b) Condition #7 be retained; and (c) Direct the Building Inspection Division to prepare Notices of Non-Compliance on the illegal structures located upon APN 122-060-02.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:05 A.M. Hold a Public Hearing for Richard Richterich and Marshall Jones Planned Community Rezone (R1001) for the Smugglers Cove Subdivision as requested by the Deputy Director of Building and Planning.**   Document

Action: Chair Hemmingsen opened the Public Hearing.

No Public Comment was given.

Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board held a Public Hearing for Richard Richterich and Marshall Jones Planned Community Rezone (R1001) for the Smugglers Cove Subdivision and adopted the Negative Declaration and Findings and adopted an Ordinance allowing the rezone of 2.26 acres from R1-B6 (Single Family Residential - B Combining District - 6,000 Square Feet Minimum lot size) to PC (Planned Community)

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     11:20 A.M. Receive a presentation from First 5 Del Norte.   

Action: Nina Lesina gave a powerpoint presentation with an update on the WonderBus program.

7.     11:30 A.M. Receive a presentation by Mr. Bennett and take action to authorize the use of Ruby Van Deventer Park for a re-dedication ceremony.**   Document

Action: Rick Bennett gave a presentation on the importance of a re-dedication ceremony for Ruby Van Deventer Park.

CONSENT AGENDA

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

Action: Items 21, 22, and 23 were removed from the Consent Agenda for separate discussion.

Language was added to the 2nd paragraph of item #33 to read "and now also Curry County, Oregon".

On a motion by Supervisor Finigan, and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 8-21, 23-30, and 32-37)

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

8.     Approve the Minutes from the February 9, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

9.     Approve the Minutes from the February 22, 2010 Joint City/County meeting.**   Document

Action: Approved

10. Approve the Minutes from the February 23, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

11. 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 2010.   Document

Action: Approved

12. Approve a RESOLUTION OF THE BOARD OF SUPERVISORS ACKNOWLEDGING APRIL 2010 AS NATIONAL COUNTY GOVERNMENT MONTH.**   Document

Action: Approved (DNCO Resolution 2010-019)

13. Approve a PROCLAMATION DESIGNATING APRIL 2010  AS CHILD ABUSE PREVENTION MONTH.**   Document

Action: Approved

14. Approve a PROCLAMATION PROCLAIMING APRIL 20, 2010 AS "JUNIOR MISS DAY".**   Document

Action: Approved

15. Approve a PROCLAMATION OF CRESCENT CITY/DEL NORTE COUNTY NATURE & HERITAGE WEEK.**   Document

Action: Approved

16. Approve a RESOLUTION RECOGNIZING THE "PLAZA COMUNITARIA DE CRESCENT CITY"   Document

Action: Approved (DNCO Resolution 2010-017)

17. Approve a Proclamation of the Del Norte County Supervisors Proclaiming the week of April 11-17, 2010 Safety Seat Checkup Week.**   Document

Action: Approved

18. Approve a Proclamation proclaiming the week of April 11-17, 2010 as "The Week of the Young Child".**   Document

Action: Approved

19. Approve and authorize the Chair to sign the attached Resolution acknowledging March 30, 2010 as Doctor's Day in Del Norte County as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Resolution 2010-018)

20. Approve the attached Proclamation and designate the week of April 5-11, 2010 as "Public Health Week" as requested by the Director of Health and Human Services.**   Document

Action: Approved

21. Approve appointments for Public Members to the Local Transportation Commission.   Document

Action: This item was moved from the Consent Agenda to General Government.

On a motion by Supervisor Hemmingsen, the Board unanimously approved Douglas Wakefield to remain as the Public Member on the Local Transportation Commission.

On a motion by Supervisor Finigan, the Board unanimously approved Chris Howard to remain as the Public Member (Alternate) on the Local Transportation Commission.

22. Consider the introduction (first reading) of an ordinance adding Chapter 9.20 to Title 9 of the County Code relating to the prohibition of abusive panhandling and set the ordinance onto the April 13, 2010 Board of Supervisors' agenda for a second reading for consideration of adoption of the ordinance.   Document

Action: This item was pulled for separate discussion.

This item was set aside to be placed on the next agenda. The Board directed staff to work with the City and the District Attorney and bring this item back to the Board at the next meeting.

23. Approved the attached letter regarding the Redwood Telephone Broadband Proposal, and authorize the Chairman to sign the letter and direct staff to forward as appropriate as requested by the County Administrative Officer.**   Document

Action: Approved

24. Review the briefing of the new 2010 California Residential Code that was adopted by the California Building Standards Commission on January 12, 2010 as requested by the Building Official.**   Document

Action: Reviewed

25. Review the Annual General Plan Progress Report for the Governor's Office of Planning and Research and the Department of Housing and Community Development as requested by the Deputy Director of Building and Planning.**   Document

Action: Reviewed

26. Appoint Mitzi Travis as the "general public" member of the Environmental Review Committee as requested by the Director of Community Development.**   Document

Action: Approved

27. Approve and authorize the Sheriff to enter into an agreement with the State of California, Department of Boating and Waterways for the fiscal year 2010-2011 as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2010-037)

28. Approve the Agreement with SHN Engineers and Geologists, Inc., to provide construction inspection services for the CSA Sewer System Rehabilitation Project, and authorize the Chairman to sign it as requested by the County Engineer.**   Document

Action: Approved (DNCO Agreement 2010-038)

29. Approve and authorize the Chair to sign the California Statewide Automated Welfare System Consortium IV (C-IV) Joint Exercise of Powers Agreement (JPA) Second Amended and Memorandum of Understanding (MOU) as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreements 2010-39 and 2010-040

30. Approve and authorize the Chair to sign the Residential Lease Agreement with Lehman Property Managements for a house located in Crescent City, CA for the period of April 1, 2010 through March 31, 2011, for an amount not to exceed $13,200.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved

31. Consider the introduction (first reading) of an ordinance amending section 19.04.030 to title 19 of the County Code relating to compensation of the general public appointee to the Environmental Review Committee and set the Ordinance on the April 13, 2010 Board of Supervisor's agenda for a second reading for consideration of adoption of the ordinance as requested by the Director of Community Development.**   Document

Action: This item was pulled for separate discussion.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board considered the introduction (first reading) of an ordinance amending section 19.04.030 to title 19 of the County Code relating to compensation of the general public appointee to the Environmental Review Committee and set the Ordinance on the April 13, 2010 Board of Supervisor's agenda for a second reading for consideration of adoption of the ordinance.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

32. Approve and authorize the Chair to sign a letter in support of Elk Valley Rancheria.**   Document

Action: Approved

33. Approve and authorize the Chair to sign a letter in support of the Smith River Rancheria joining the governing structure of the airport JPA.**   Document

Action: Approved

34. Approve and authorize the Chair to sign a letter to Senator Feinstein regarding the Klamath Management Zone.**   Document

Action: Approved

35. Approve and adopt a Resolution approving the Final Map reverting the Harbor Center Tract to acreage and authorize the Clerk of the Board to sign the Final Map as presented as requested by the County Engineer.**   Document

Action: Approved (DNCO Resolution 2010-020)

36. Reject a governmental claim submitted by Richard Lorenz in the amount of $171 as insufficiently filed and refer to County Counsel.   Document

Action: Approved

37. Approve and authorize the Chair to sign the attached letter supporting the restoration of Child Welfare Funding as requested by the Director of Health and Human Services.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

38. Approve the draft plans and specifications for the Klamath Townsite Boat Launch disaster repair project and direct staff to begin the bid process upon confirmation of the latest "version" from FEMA and Cal EMA as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board approved the draft plans and specifications for the Klamath Townsite Boat Launch disaster repair project and directed staff to begin the bid process upon confirmation of the latest "version" from FEMA and Cal EMA.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

39. Approve and adopt the revised guidelines for the Community Development Block Grant funded Micro Enterprise Financial Assistance Program of the County of Del Norte as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved and adopted the revised guidelines for the Community Development Block Grant funded Micro Enterprise Financial Assistance Program of the County of Del Norte.

 

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

40. Approve the Subrecipient Agreements with Community Assistance Network and Del Norte Resource Conservation District to implement the County's 2009 Economic Development Allocation Planning and Technical Assistance Community Development Block Grant; and authorize the County Administrative Officer to execute Subrecipient Agreements and all other necessary documents associated with the agreement as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure the Board approved the Subrecipient Agreements with Community Assistance Network and Del Norte Resource Conservation District to implement the County's 2009 Economic Development Allocation Planning and Technical Assistance Community Development Block Grant; and authorized the County Administrative Officer to execute Subrecipient Agreements and all other necessary documents associated with the agreement. (DNCO Agreements 2010-041 and 2010-042)

41. Department Health and Human Services - Public Health Branch - Public Health Week Presentation   

Action: A brief presentation was given on the progress and projects of the Department of Health and Human Services, Public Health Branch. No action was taken.

42. Approve the following recommendations for Prioritizing Projects for the Second Phase of Stimulus Funding: 1) Place Fred Haight Drive Reconstruction as first priority for projects that can go to bid within 90 days of allocation; and 2) Place construction of Hobbs Wall Trail and Pebble Beach Drive Rehabilitation as first and second priorities, respectively as projects that could be out to bid within one (1) year as requested by the Deputy Director.**   Document

Action: Tina McClendon presented this item.

Supervisor McClure made a motion to reset the priorities to have Fred Haight Drive and Pebble Beach Drive as 1(a) and 1(b) projects and Hobbs wall to remain first priority in the 12 month project with the direction of staff to seek the assistance of the Local Transportation Commission for support for environmental completion for Hobbs Wall. The motion was seconded by Supervisor McNamer and passed unanimously by the Board.

 

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

43. Hold a discussion regarding creating a new ordinance or amending an existing ordinance regarding oversized commercial vehicles in residential areas and take action as necessary.   

Action: Supervisor McNamer asked that staff look into this due to ongoing constituent concerns.

Public Comment was given by Bill Lawnsdale.

Staff was directed to come back to the Board with information concerning this item.

44. Approve and adopt the budget for fund 103, Department 321 for fiscal year 09/10 to correctly account for County Airport Improvement Projects as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved and adopted the budget for fund 103, Department 321 for fiscal year 09/10 to correctly account for County Airport Improvement Projects.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board approved Budget Transfers (03-02) and (03-06).

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

45. Approve a Budget Transfer (03-02) in the amount of $2,500 within the Clerk/Recorder Budget as requested by the Acting County Clerk/Recorder.**   Document

46. Approve a Budget Transfer (03-06) in the amount of $27,395.00 within the Sheriff's Budget as requested by the Sheriff-Coroner.**   Document

LEGISLATIVE AND BUDGET ISSUES:

47. 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: Jay Sarina, County Administrative Officer, reported that we're still working well with Peterson Consulting as well as Greg Burns. He also commented that Budget Season is starting and meetings will start in April.

Supervisor Hemmingsen commented about a possible letter of support for the Humboldt Bay MLPA Impact Group to emphasize the importance of the study.

Gerry, possible support letter for Humboldt bay MLPA impact group to emphasize the importance of the study.

 

 

CAPITAL PROJECTS:

48. A Written Capital Projects Update. Information Only.**   Document

Action: Jay Sarina, County Administrative Officer, gave an update. Information Only.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 26, 2010

 

 

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