A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, March 23, 2010 |
10:00 AM |
|
The Board
of Supervisors of the 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.
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:
·
Report
of any actions from closed session by
Action:
The Chair stated no reportable actions from Closed Session after
·
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
SCHEDULED ITEMS:
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.
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.
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
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.
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
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
Action: Approved
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)
Action: Approved
Action: Approved
Action: Approved (DNCO Resolution 2010-018)
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.
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.
Action: Approved
Action: Reviewed
Action: Reviewed
Action: Approved
Action: Approved (DNCO Agreement 2010-037)
Action: Approved (DNCO Agreement 2010-038)
Action: Approved (DNCO Agreements 2010-39 and 2010-040
Action: Approved
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
Action: Approved
Action: Approved
Action: Approved (DNCO Resolution 2010-020)
Action: Approved
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
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
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
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.
Action: Tina McClendon presented this item.
Supervisor McClure made a motion to reset the priorities to have
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
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.
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
LEGISLATIVE AND BUDGET ISSUES:
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
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
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us