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, November 08, 2005

    Time

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), Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist # A127847, Hanover vs. DNC Road Dept, Del Norte Superior Ct., # CVCV 08-2300 , Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, Strom v. DNC, U.S. Dist Ct, N Cal., # CV08-4708MEJ, Coyle v. DNC, Del Norte Ct # CVPM07-1572, Dickson v. DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC, Del Norte Ct # CVCV06-2313, JHP LLC v. Japp, Del Norte Ct # CVPT09-1438, Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct # CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, 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. Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to Gov’t Code 54997 conduct evaluation of the Superintendant of Building Maintenance.

 

 

 

Action: County Counsel commented that, as the prosecutor for the personnel discipline relating to the Assistant District Attorney, that the Board of Supervisor's legal advisor on this personnel matter, Robert Black, was out of town and had asked that it be relayed that the matter of that discipline action would have been on the agenda this meeting, except that the employee had delivered a letter the day before and it had not been reviewed. That, and the fact that the record has been received but is volumous, are the reasons that the matter was not listed, or will be taken up as an urgency item, on this agenda before the Board for action

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 Supervisor Sullivan.

Action: Supervisor Sullivan led the Pledge of Allegiance.

·        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: County Counsel stated no reportable actions from Closed Session. Jay Sarina, County Administrative Officer, stated that the matter of the Public Employee Mental Health Specialist II DISCLIPLINE/DISMISSAL/RELEASE (1) (GC 54954.5 and 54957) is to be continued in order to obtain transcripts.

·        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: Chair Hemmingsen stated that Items 10 and 18 were to be removed from the agenda.

Corrections were requested that the wording on #13 be read as the contract date ending on June 30, 2011. Corrections were also requested that the wording be changed on #14 to read as the amount not be exceeded by $16,000.00.

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 Finigan reported on participating in a conference call to Cal-Fire regarding timber lands, participating in a conference call with CSAC regarding realignment, traveling to Sacramento for an RCRC Board meeting regarding Cal-Fire, potential IOUs, Building Standard Codes, and new legislation regarding travel reimbursements; commented on an upcoming meeting with the Governor on Wednesday regarding legislation for  the Airport and Elk Valley Rancheria, meeting with the accountant for Del Norte Ambulance, attending a First 5 meeting, attending the Salmon Festival where he served as a judge, attending a celebration for Congressman Thompson, and attending his daughter's Parent Appreciation Day for her acrobatics class.

Supervisor McClure reported on being busy setting up her school classroom, participating in a conference call regarding the MLPA, working on the proposal with Coastal Conservancy to get the tower fixed for the Lighthouse, attending a Solid Waste Management Authority meeting where the agreement with Recology was approved, meeting with a representative from RCTA regarding aerosol spray on the buses, and working with Emergency Medical Services regarding legislation.

Supervisor McNamer reported on attending a Solid Waste meeting, and attending a Local Agency Formation Committee meeting.

Supervisor Sullivan reported on attending a 2x2 with Redwood National Parks, commented on a meeting the next night at the Fire Hall regarding the reclassification of an area of Tolowa Dunes, commented that there is a meeting on October 8th in which duck hunting and the general plan for Mill Creek will be discussed, stated that he read through the Agriculture Report and was discouraged to see a 27% decrease from the previous year, meeting with Community Development and Rod Butler, City Manager regarding emergency homeless shelters, meeting with Ross Welch, Executive Director of the Arcata Economic Development Authority, attending the physician's welcome reception at Hampton Inn, participating in a teleconference North Deal meeting regarding the Klamath Grade Raise, Last Chance Grade, and STAA projects, attending Smith River Days, commented that SB1130 was in suspension, commented on the 3 year extension for the milk contract, commented on the air freshener issue with Redwood Coast Transit, commented on his son attending the golf camp, attending Supervisor Hemmingsen's son's wedding, and attending Davy Crockett's 80th birthday.

Supervisor Hemmingsen reported on attending a 2x2 with the State Parks regarding signage and the permitting process. He commented that there were also members from the OHV division there as well. He reported on attending a Citizens' Advisory Committee meeting at the Prison, meeting with Gary Blatnick, Director of Health and Human Services and Jay Sarina, County Administrative Officer, meeting with the accountant from Del Norte Ambulance, participating in agenda review, and attending his son's wedding.

 

2.     10:25 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 given by Victoria Dickey regarding the Solid Waste JPA and land transfers. Richard Miles gave Public Comment regarding Redwood Coast Transit, City and County Parks and Solid Waste. Zack Larson of Larson & Associates gave an update on the MLPA.

3.     10:40 A.M. Approve and Authorize the Chair to sign the Del Norte County Self-Assessment 2010 as part of the California Child And Family Services Review Presented by Gary Blatnick, Health and Human Services Director; Tom Crowell, Chief Probation Officer; and Crystal Markytan, Program Manager, DHHS, Social Services Branch as requested by the Director of Health and Human Services.**   Document

Action: Gary Blatnick, Director of Health and Human Services, Crystal Markytan, Program Manager DHHS, and Linda Sanford, Assistant Chief Probation Officer gave a presentation to the Board.

Public Comment was given by Richard Miles.

On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board approved and authorized the Chair  to sign the Del Norte County Self-Assessment 2010 as part of the California Child and Family Services Review.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:50 A.M. Conduct a Public Hearing for consideration of the appeal of the County's Use Permit (Coastal Development Permit) for the installation of a Sonar Fish Counting System on the Smith River (UP1101C) as requested by the Deputy Director of Building and Planning.**   Document

Action: Chair Hemmingsen opened the Public Hearing.

Public Comment was given by Zack Larson.

Chair Hemmingsen closed the Public Hearing and brought the item back to the Board.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the appeal County's Use Permit (Coastal Development Permit) for the installation of a Sonar Fish Counting System on the Smith River (UP1101C)

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:05 A.M. Conduct a Public Hearing and consider the Appeal of Condition #19 from a Use Permit for a Residence in a TPZ Zone, APN 124-060-07 (Tollefson) as requested by the Assistant Engineer.**   Document

Action: Supervisor Sullivan recused himself from this item due to conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the Appeal of Condition #19 from a Use Permit for a Residence in a TPZ Zone, APN 124-060-07 (Tollefson).

 

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

CONSENT AGENDA

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

Action: Public Comment was given by Richard Miles, Phil Hilger, and Zack Larson.

Supervisor Sullivan recused himself from Item #13 due to conflict of interest.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Consent Agenda with the removal of Item #10 and corrections made to Items #13 and #14.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve the Minutes from the July 27, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

7.     Approve the Minutes from the August 10, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

8.     Approve and authorize the Clerk of the Board to expend budget funds not to exceed $250.00 for the Del Norte County basket presented at the Regional Council of Rural Counties 2010 Annual Conference as requested by the County Administrative Officer.**   Document

Action: Approved

9.     Approve the attached two-year contract in the amount of $395,028.00, funded by the Department of Fish and Game, with Larson and Associates for a Pilot Study to address the use of dual frequency identification sonar in the comparison of basin wide adult salmon and steelhead abundance date with wild and hatchery Chinook and steelhead harvest date in the Smith River as requested by the County Administrative Officer.**   Document

Action: Public Comment was given by Richard Miles, Phil Hilger, and Zack Larson.

Approved (DNCO Agreement 2010-137)

10. Approve the revised Agreement to harvest County trees as requested by the Assistant Engineer.**   Document

Action: This item was pulled from the agenda.

11. Authorize the temporary closure of Indian road in Smith River, from the Howonquet Cemetery to HWY 101 from 8:00 a.m. to 6:00 p.m. on September 25, 2010 as requested by the Assistant Engineer.**   Document

Action: Approved

12. Approve the Resolution to Rescind Resolution No. 2009-041 ,vacating Kern Street between Lauff Avenue and Macken Avenue as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Resolution 2010-048)

13. Approve and authorize the Chair to sign the Agreement with Rural Human Services, Inc. (RHS) for office space at the Del Norte Workforce Center (DNWC) from September 1, 2010 through June 30, 2010, not to exceed $58,500.00 as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-139)

14. Approve and authorize the Chair to sign the Amendment No. 1 to the Agreement with Sandra Morrison to provide Clean and Sober Residential Services from July 1, 2009 through June 30, 2010, not to exceed $15,000.00.**   Document

Action: Approved (DNCO Agreement 2010-141)

15. Adopt and forward to the listed offices the attached Resolution which determines the distribution of the County's share of the payment to the State as requested by the Director of Community Development.**   Document

Action: Approved (DNCO Resolution 2010-049)

16. Approve the proposed Amendment to the Agreement between the County of Del Norte and SHN Consulting Engineers & Geologists, Inc. (SHN) as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2010-140)

REGULAR ITEMS

GENERAL GOVERNMENT:

17. Review, discuss and accept public comment regarding a request by Smith River Alliance to provide support for the acquisition of 5,342 acres of land owned by ALCO Holdings, LLC and; (2) take action to approve or reject the proposed agreement with no further negotiation and; (3) and direct staff to notify Smith River Alliance, ALCO Holding, LLC, Senator Feinstein, and Congressman Thompson of any decision as requested by the Chairman.**   Document

Action: Public Comment was given by Grant Wershkull, Gerry Cochran, and Phil Hilger.

The Board discussed the proposal and agreed to continue negotiations and bring this matter back to the Board.

LAND USE:

18. Discuss and take possible action to find that the use of the Shirley Street Right of Way by David Markel is inconsistent with the California Streets & Highways Code and request removal of the fencing placed by Mr. Markel as requested by the Deputy Director of Engineering and Roads.**   Document

Action: This item was removed from the agenda.

19. Direct staff to modify the existing grading Ordinance to incorporate the surface drainage requirements found in Division 4.1 and Division 5.1 of the 2010 Green Building Code.**   Document

Action: Rosanna Bower, Assistant Engineer, presented the item.

The Board directed staff from Community Development and County Counsel to work on this item and bring it back to the Board.

 

20. Hold a discussion regarding the establishment of various parking regulations, governing violations, and fines for the purpose of regulating the parking of commercial vehicles on public streets within urban residential zone districts and direct staff to prepare a draft Resolution for consideration of adoption at the October 12, 2010, Board of Supervisors' meeting as requested by the Code Enforcement Officer III and the Deputy Director of Building and Planning.**   Document

Action: Heidi Kunstal, Deputy Director of Building and Planning, presented this item.

Public Comment was given by Bill Lonsdale.

The Board gave direction to have a committee formed to work on this item. This committee would include Supervisor Hemmingsen, Supervisor McNamer, County Counsel, and Community Development staff.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved Budget Transfer (06-33).

 

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

21. Approve a Budget Transfer (06-33) in the amount of $107,230.00 within the Health Insurance Budget as requested by the County Administrative Officer.**   Document

LEGISLATIVE AND BUDGET ISSUES:

22. 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 Sullivan requested that a letter in support of reclassification of a portion of Tolowa Dunes State Park north of Kellogg Road be prepared by staff.

Supervisor McClure requested that a letter be sent to both the City Clerk and the City Council regarding the removal of the flouride issue from the City's ballot.

23. Direct staff to open Budget Hearings on the regular Board of Supervisors' meeting on September 14, 2010 and direct the Clerk to publish a notice as requested by the County Administrative Officer.**   

Action: On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board gave direction to open Budget Hearings on the regular Board of Supervisors' meeting on September 14, 2010 and direct the Clerk to publish a notice.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

24. Consider a report on the status of the ongoing proposed budget process. Information only.   

Action: Jay Sarina, County Administrative Officer, gave an update on the ongoing budget process.

CAPITAL PROJECTS:

25. Verbal Update. Information Only.   

Action: Jay Sarina, County Administrative Officer, gave an update on Capital Projects.

Supervisor Sullivan asked to have the Building Superintendent give a presentation to the Board regarding plans for Ruby Van Deventer Park as well as a timeline for maintenance and projects for the parks in the County.

ADJOURNMENT

1.     Adjourn as the Board of Supervisors and reconvene as the Del Norte IHHS Public Authority.

2.     Adopt a Resolution of the Del Norte In-Home Health Services (IHHS) Authority Delegating Authority to the Del Norte County CSAC-EIA Board member or Alternate Member to Act on Behalf of the Del Norte IHHS Public Authority as requested by the County Administrative Officer.**   Document

Action: Adjourned as the Board of Supervisors and reconvened as the Del Norte IHHS Public Authority.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board adopted a Resolution of the Del Norte In-Home Health Services (IHHS) Authority Delegating Authority to the Del Norte County CSAC-EIA Board member or Alternate Member to Act on Behalf of the Del Norte IHHS Public Authority.

 

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

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  August 27, 2010

 

 

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