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, September 13, 2011

    8:30 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, 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 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: No deletions, corrections, or additions were requested.

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 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 Sacramento and spoke about SRA Bill AB29x, realignment, and AB109. He also reported on participating in the CASA Golf Tournament, conference call with the State Association of Supervisors, attending a Tri-Agency Economic Development Authority meeting, commented on taking his daughter to her first day of school, traveling back to Sacramento for a City, County, Schools meeting, CSAC Executive Board meeting and commented on a new coast to coast drug prescription program,  commented on spending the weekend with family and attending a 49er football game.

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.

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: No Public Comment was given.

3.     10:25 A.M. Approve the following:(1) 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.   Document

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

4.     10:30 A.M. Receive an update from Tom Crowell, Chief Probation Officer regarding AB 109 as requested by the Board on July 26, 2011.**   

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.

 

5.     10:45 A.M. Open the Public Hearing for the consideration and approval of the Recommended County, Special District, Border Coast Regional Airport Authority, and Special Aviation budgets Fiscal Year 2011-12, accept public comment, and continue the public hearing day to day for no more than 14 days as requested by the County Administrative Officer.**.   

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

6.     11:00 Conduct a Public Hearing to consider a Land Use Appeal on a Use Permit for a Rock Quarry, UP0611- APN 105-130-66 and 67, North Bank Road.**   Document

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

9.     Approve the General Service Contract between the County of Del Norte and Pacific Power for electrical service to the future Northcrest Drive lift station, as part of the Northcrest Drive Sewer Extension Project, and authorize the Chair to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2011-148)

10. Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for Bar-O Boys Ranch Placement with Santa Cruz County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2011-149)

 

11. Approve the Subrecipient Agreements with Tri-Agency Economic Development Authority to implement portions of the County's 2010 Economic Development Allocation Community Development Block Grant and (2) 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: Approved (DNCO Agreement 2011-150)

12. Approve and authorize the Chair to sign an Agreement with Linda Cairns Wraparound Services Lead Parent Partner for the period July 1, 2011 through June 30, 2012, not to exceed $20,800.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-151)

13. Approve and authorize the Chair to sign an Agreement with St. Helena Hospital Center for Behavioral Health in Vallejo, CA for Psychiatric Inpatient Services from July 1, 2011 through June 30, 2012, not to exceed $5,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-152)

14. Approve and authorize the Chair to sign an Agreement with St. Helena Hospital in St. Helena, CA for Psychiatric Inpatient Hospital Services for the period of July 1, 2011 through June 30, 2012, not to exceed $10,100 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-153)

15. Approve the attached letter to our Senators and Congressman in support of the reauthorization of the Secure Rural Schools and Communities Self-Determination Act, and authorize the Chair's signature as requested by Director of Community Development.**   Document

Action: Approved

16. Approve the attached Agreement with Haban Construction for concrete work on the Northcrest Drive Median as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Supervisors Sullivan and Hemmingsen recused themselves from this item.

Approved

(DNCO Agreement 2011-154)

17. Approve and adopt the Local Agency DBE Annual Submittal form for FFY 2011/2012 as requested by the Assistant Engineer.**   Document

Action: Approved (DNCO Agreement 2011-155)

18. Approve the addendum for fiscal year ending June 30, 2011 additional outside audit services as submitted by Smith and Newell, Certified Public Accountants as requested by the Auditor/Controller.**   Document

Action: Approved (DNCO Agreement 2011-156)

REGULAR ITEMS

GENERAL GOVERNMENT:

19. Receive, review, and take possible action on the Del Norte Solid Waste Management Authority's response to the Solid Waste Ad-Hoc Committee report.**   Document

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

20. Approve the Memorandum of Understanding between the County of Del Norte and the Del Norte County Employees Association - SEIU Local 1021 - Miscellaneous Unit.   Document

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

21. Approve a Budget Transfer (09-01) in the amount of $9,625.00 within the Sheriff's Department to defray costs related to the eradication and suppression of illicit marijuana as requested by the Sheriff-Coroner.**   Document

22. Approve a Budget Transfer (09-02) in the amount of $1,046.00 within the Environmental Health Division as requested by the Deputy Director of Building and Planning.**   Document

LEGISLATIVE AND BUDGET ISSUES:

23. 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 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

24. Approve and authorize the Chair to sign a letter in opposition of SBx17 and ABx124 that would impose a fee on land owners in state responsibility areas as requested by Supervisor Sullivan.   Document

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

County of Del Norte, State of California              Date Posted:  September 16, 2011

 

 

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