A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, September 13, 2011 |
8:30 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, 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
Wigley
v. DNC, Del Norte Ct #CVPI 06-1401 Hanover v. DNC Road Dept., Del Norte
Superior Ct., #CVCV 08-2300 Chisman v. DNC, Del Norte Superior Ct., #CVPI
08-1262
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 Supervisor McClure
Action: Supervisor McClure led the Pledge of Allegiance.
Supervisor McNamer then asked that a moment of silence be held in
remembrance on September 11, 2001.
·
Introduction
of new employees to the Board of Supervisors.
Action: No new employees were introduced.
·
Report
of any actions from closed session by
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: No deletions, corrections, or additions were requested.
SCHEDULED ITEMS:
Action: Supervisor Sullivan reported on attending a Chamber Mixer for Vita
Cucina, commented on receiving an update from Cal-Trans regarding 197 and 199,
participating in the CASA Golf Tournament, attending a Tri-Agency Economic
Development Authority meeting, attending a CSAC Board of Directors meeting in
Sacramento regarding realignment and pension reform, meeting with Senator
LaMalfa at the Capitol, meeting with Senator Evans' staff, and meeting with
Assemblymember Chesbro.
Supervisor Hemmingsen reported on attending a Border Coast
Regional Airport Authority meeting, meeting with the Barnts Family regarding
the renewal of the lease on a building on Northcrest, attending a Local
Transportation Commission meeting, and attending the Coastal Commission
Reception at the Elk Valley Rancheria.
Supervisor McClure reported on meeting with Congressman Thompson
and Assemblymember Chesbro regarding the Senior Center, meeting with
Assemblymember Chesbro regarding the Tsunami Bill, meeting with Arcata City
Councilman Mark Wheatley regarding the Salt River Restoration Project as well
as the environmental impact of illegal marijuana growers and the damage to the
environment as a result; commented that the Historical Society, through
Cal-Trans, has been offered a model of the original Hiouchi Bridge, meeting
with the Redwood Park Association, commented that she started teaching,
participated in a Labor Day Picnic where Fiona Ma came to speak, commented on
the Coastal Commission coming to Crescent City and stated that they toured our
County, held a reception, and held their monthly meeting.
Supervisor Finigan reported on attending an RCRC meeting in
Supervisor McNamer commented on a blight situation that was taken
care of by Code Enforcement, meeting with Johnny Jacobs regarding the rock
quarry situation that was on the agenda, attending the negotiations with Gary
Blatnick, Jim Barnts, and Supervisor Hemmingsen regarding Northcrest building,
attending a Redwood Coast Transit Authority meeting in place of Supervisor
Sullivan, attending the Coastal Commission Reception, attending the Coastal
Commission meeting, and commented on a documentary regarding September 11,
2001, and commented on taking a vacation next week as well as attending the
RCRC Annual Conference.
Action: No Public Comment was given.
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Board approved the following:A Resolution honoring Stan Morris
for his 26 years of service to the County, and authorize the Chair to sign it
as requested by the Director of Community Development; and (2) The "Surf's
Up Proclamation" in honor of the 16th Annual Noll Longboard Surf Classic
on October 1st and 2nd; (3) A Resolution of the Board of Supervisors in honor
of the 2011 North Coast Stand Down.
Stan Morris accepted his Resolution for 26 years of service.
Beverly Noll accepted the 16th Annual Noll Longboard Surf Classic Proclamation
and expressed her hopes that someone would be able to take over this event.
Linndell Scarbrough accepted the North Coast Stand Down Resolution.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
5 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Tom Crowell, Chief Probation Officer, gave a presentation on AB109
and 2011 Public Safety Realignment. Some topics that were covered were: Local
Planning and Oversight, Target Populations, Post-Release Community Supervision,
Evidence-Based Practices, Validated Risk Assessment Tool, Monitoring
Interviewing, 2011 Public Safety Realignment Budget and Funding Allocations.
Action: Chair McNamer opened the Public Hearing.
Jay Sarina, County Administrative Officer, presented this item. He
asked that the Board continue the Public Hearing until the 27th of September at
which time the Budget will be adopted.
No Public Comment was given.
The Public Hearing was continued for 14 days to be held again on
September 27, 2011
Action: Supervisors Hemmingsen and Sullivan recused themselves from this
item due to conflict of interest.
Randy Hooper, Planner, gave a brief overview of the project. The
Planning Commissions conditions being appealed were as follows:
Condition #4 Hours of operation shall be 7:00 AM to 5:00 PM Monday
through Friday inclusive. However, if a rock crusher or rip rap machine (or
like machines) are being operated, hours of operation shall start no sooner
than 8:00 A.M. No operation shall occur on weekends or holidays.
Condition #17 The owner shall provide a drainage study prepared by
a licensed engineer to examine the issue of surface runoff out of the project
area and make recommendations to control runoff (i.e. Best Management
Practices, etc) to be incorporated into the project design. The drainage study
shall be submitted to the County Engineering Division prior to issuance of the
renewed permit.
Condition #18 The applicant shall maintain an Industrial
Stormwater Permit from the State Water Resources Control Board for this quarry.
Proof of Permit must be submitted to the County Engineering Division prior to
issuance of the renewed permit.
Condition #19 Processing activities, outside of direct quarry
activities, shall be restricted to loading of trucks and minimally necessary
(i.e. sorting) before trucks are loaded. No rock crushing equipment, rip rap
plant, or other similar processing unit may be used onsite. A conditional
approval to allow rock processing plants (such as rock crushing, rip rap, etc.)
on a temporary basis under emergency situations is allowed. The permit is
written to allow the Director of Community Development to permit operation of a
plant for up to 14 days and then the applicant may apply to the Planning
Commission if more than 14 days is needed under the emergency provision.
The Appellant, Johnny Jacobs outlined his appeal.
Public Comment was given by John Pritchett, Dale Fugate, Dennis
Berg, Vince Tomicich, and Mary Ann Hague, and Ron Plechaty, Roger Gitlan.
After discussion, on a motion by Supervisor Finigan and seconded
by Supervisor McClure, the Board denied the appeal and upheld the approval of
the project as approved by the Planning Commission with the following additions
and changes.
(1) Condition #4: Hours of
operation shall be 7:00 AM to 5:00 PM Monday through Friday inclusive.
However, if a rock crusher or rip rap machine (or like machines) are being
operated, hours of operation shall start no sooner than 8:00 A.M. No operation
shall occur on weekends or holidays.
(2) Condition #17: The owner shall provide a drainage study
prepared by a licensed engineer or be a drainage study approved by the County.
(3) Condition #19: No rock crushing equipment which exceeds the
noise element of the General Plan shall be allowed.
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
3 David
Finigan, Martha McClure, Leslie McNamer
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: Supervisors Sullivan and Hemmingsen recused themselves from Item
#16.
Corrections were asked to be made on Item #7, changing the word
litigation to mitigation.
On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board approved the Consent Agenda (Items #7 through #18).
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
5 David
Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
7.
Approve
the Minutes from the August 9, 2011 Board of Supervisors' meeting.** Document
Action: Corrections were requested, changing the work
"litigation" to mitigation.
Approved
8.
Approve
the Minutes from the August 22, 2011 Joint City/County meeting.** Document
Action: Approved
Action: Approved (DNCO Agreement 2011-148)
Action: Approved (DNCO Agreement 2011-149)
Action: Approved (DNCO Agreement 2011-150)
Action: Approved (DNCO Agreement 2011-151)
Action: Approved (DNCO Agreement 2011-152)
Action: Approved (DNCO Agreement 2011-153)
Action: Approved
Action: Supervisors Sullivan and Hemmingsen recused themselves from this
item.
Approved
(DNCO Agreement 2011-154)
Action: Approved (DNCO Agreement 2011-155)
Action: Approved (DNCO Agreement 2011-156)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Kevin Hendrick, Director of the Solid Waste Management Authority,
presented the item.
Public Comment was given by Ron Plechaty, Paul Dillard, Roger
Gitlan, and Donna Westfall
Supervisor Hemmingsen questioned the issue of internal controls.
Supervisor Sullivan raised questions with regards to furloughs,
stipends, and restructuring the JPA.
Supervisor Sullivan made a motion to form a new Ad-Hoc committee
to be composed of two City Council members, two members of the Board of
Supervisors, (with the understanding that at least one member from each entity
shall not sit on the Solid Waste Management Authority Board) and appropriate
legal counsel to restructure or dissolve the Solid Waste Authority. The motion
was seconded by Supervisor Hemmingsen.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
5 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board approved the Memorandum of Understanding between the County
of Del Norte and the Del Norte County Employees Association - SEIU Local 1021 -
Miscellaneous Unit.(DNCO Agreement 2011-157)
BUDGET TRANSFERS:
Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor
Sullivan, the Board approved Budget Transfers (09-01) and (09-02).
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
LEGISLATIVE AND BUDGET ISSUES:
Action: Supervisor Finigan asked that a letter in opposition of AB 1245 be
sent to the Governor. The Board approved this request.
Supervisor McClure asked that a letter be sent to the Governor,
urging him to sign the Tsunami Bill. This request was also approved.
Jay Sarina, County Administrative Officer, spoke on legislation
that has the potential to affect Del Norte County, and commented that our
advocates have direction to advocate for or against this legislation, in the
best interest of the County.
Jay Sarina, County Administrative Officer, stated that an item had
arose subsequent to the posting of the agenda and needed to be added to the
agenda as well as acted on before the next Board of Supervisors meeting.
The item was: Approve and authorize the Chair to sign a
Intercreditor Agreement and Subordination Agreement with Summer Park Apartment
Investors, Inc. for the Summer Park Apartments Project.
On a motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Item was added to the agenda.
After review and discussion, on a motion by Supervisor Finigan and
seconded by Supervisor McClure, the Board approved and authorized the Board to
sign the Intercreditor Agreement and Subordination Agreement with Summer Park
Apartments Investors, Inc. for the Summer Parks Apartment Project.
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
5 David
Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: No action was taken.
CAPITAL PROJECTS:
25. Verbal
Update. Information only.
Action: Jay Sarina, County Administrative Officer, gave an update on the
Townsite Boat Ramp, Point St. George, and Prop 40 Projects.
ADJOURNMENT
Action: The Chair adjourned the meeting at 1:26 P.M.
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us