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 11, 2008

    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, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

No Public Comment was given on Closed Session items.

 

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), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572  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.  Conducted annual evaluation of the Director of Community Development pursuant to Gov’t Code 54997.

REGULAR SESSION 10:00 A.M.

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

·        This Board of Supervisors meeting is dedicated to some of our partners: The Boys and Girls Club

Action: Holly Gensaw, Unit Director, and John Ging, President of Boys & Girls Club Advisory Board spoke about the Boys & Girls Club's programs and progress.

·        The Pledge of Allegiance to the Flag led by a representative of the Boys and Girls Club

·        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: Chair Finigan stated no reportable action was taken in 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: Jeannine Galatioto requested that a letter drafted to Smith River Rancheria concerning the Native American Foster Care Network be added to the Consent items.

After discussion and on a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board requested that the letter drafted to Smith River Rancheria concerning the Native American Foster Care Network be sent.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

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

SCHEDULED ITEMS:

1.     10:10 A.M. 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 Hemmingsen reported on attending an Airport JPA meeting, attending an 5 County Salmonid meeting in Arcata regarding the cost of administering grants and receipt of funds, attending a Klamath Fisheries Coalition meeting in reference to the salmon population, attending port meetings for crab fishing, was chosen as a representative to form a commission to address the Dungeness crab population, attending a GIS meeting, attending a LAFCO meeting regarding RFP and Pacific Shores, attending agenda review for the upcoming Airport JPA meeting, attending an LTCO meeting regarding the recent fuel spill, meeting with Airport JPA regarding the transfer of power from the county to the JPA.   ~Supervisor McClure reported on attending a Grants Goal Committee meeting concerning CDBG funding, attending the First 5 opening, participating in the CASA celebration volunteer dinner, attending a meeting at Pelican Bay with Secretary Tilton, attending a meeting with Supervisor Sullivan and dohn henion on the subject of the Offshore Protection Act and the outcome of our offshore and the needs of local fisheries, commented on an issue with regards to the increase in senior social security and the negative impact it has had, commented on the problem that needs to be addressed on the topic of 215 cards, commented on the technical assistance grant for CDGB, commented on the fuel spill and the need for local emergency crews, attending a United Home Health Care Workers (CUHW) meeting, attending agenda review for Solid Waste Authority, and commented on the upcoming Economic Summit to be held on March 15, 2008;  ~Supervisor McNamer reported on attending a CUHW meeting, attending a LAFCO hearing, attending a Safe and Healthy Families meeting, attending a few successful Grants Goal Committee meetings, attending as an alternate at a Tri-Agency meeting, attending the First 5 opening, attending a Senior Center meeting, attending a meeting at Pelican Bay with Secretary Tilton, attending a Hispanic Chamber mixer, attending a Chamber meeting, attending an Area 1 Agency on Aging meeting and commented on the poor location of the office,  and attending the JC Tournament and serving as a judge in one of the events;   ~Supervisor Sullivan reported on meeting in Gasquet regarding the cleanup of the Smith River National Recreation area, commented on his absence at the previous Board of Supervisors meeting, attending a meeting with LTCO concerning the repair of Highway 199, commented on upcoming meetings in Sacramento on the subject of Highway 199, attending a Marine Life Protection Act meeting, attending the First 5 opening, attending a meeting at Pelican Bay with Secretary Tilton, spoke with the Juvenile Justice commission in reference to the 215 Ordinance, commented on John Horner and the basketball program, commented on the lack of representation in our county from Area 1 Agency on Aging, commented on  having a Board meeting in Smith River;  ~Supervisor Finigan commented on the representation of Area 1 Agency on Aging and asked that Supervisor McNamer and Supervisor Sullivan look into reformulating the Senior Services Commission, attending a JPA Airport meeting, attending a Safe and Healthy Families meeting concerning 215 Ordinance and Foster Care issue, participating in an RCRC meeting, meeting with CUHW, attending a Tri-Agency meeting, attending a CASA dinner, attending a Town Hall meeting at Pelican Bay with Secretary Tilton, attending the First 5 opening, attending an Airport Advisory meeting, attending numerous meetings in Washington D.C. concerning aviation, port, and highway subcommittees, attending an Intergovernmental forum on fuel tax, meeting with RCRC, meeting at Senator Boxer's office regarding rural schools and appropriation bill, meeting with Cathy Dietrich, Ruth Van Mark, commented on transportation funding and wants funds sent directly to rural counties, meeting with Jim Cole, Representative McDougal, Wally Herger, Senator Feinstein's office, Senator Thompson's office, Marlowe & Company, Allison Dane, members of Governor Schwarzenegger's DC team, and Representative Calbert.

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: No public comment was heard.

3.     10:45 A.M.  Presentation from Vicki Frazier, Registrar of Voters, to recognize workers in the February 5, 2008 Presidential Primary Election.**

Action: Vicky Frazier gave a presentation to recognize the workers in the February 5, 2008 Presidential Primary.

4.     11:00 A.M. Conduct a Public Hearing to consider  an application for Rezone, Ali and Malihe Hooshnam (R0802C) and Appeal of Rezone, Ali and Malihe Hooshnam (R0802C) as requested by the Senior Planner.**

Action: After reviewing correspondence from the appellant and on a motion by Supervisor McClure and seconded by Supervisor Hemmingsen, the Public Hearing was continued to the March 25, 2008 meeting.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:15 A.M.  Acting as the Board of Equalization, hear an Application for Change of Assessment, Payless Drug Store NW, APN 118-100-23.**

Action: The Board of Supervisors adjourned and reconvened as the Board of Equalization.  Louise Wilson, Assessor, commented on the proposed stipulation.  The Chair signed the stipulation. The Board of Equalization adjourned and reconvened as the Board of Supervisors.

6.     11:30 A.M. Presentation from Gary Blatnik, Director of Health and Human Services, regarding the Del Norte Workforce Center as requested by the Director of Health and Human Services.**

Action: Gary Blatnick introduced Tim Hoone who gave a presentation on the Del Norte Workforce Center and its progress and upcoming programs.

CONSENT AGENDA

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

Action: No Public Comment was heard.

The Consent Agenda (Items 5 through 18) was adopted unanimously.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

7.     Approve the Minutes from the February 26, 2008 meeting.**

Action: Approved

8.     Approve and Adopt the Proclamation of the Del Norte County Board of Supervisors Proclaiming March 23-29 as "Tsunami Preparedness Week".**

Action: Comment was heard from Troy Nicolini (NWS) and Roger Sigtermans (OES).

Approved

9.     Approve and Adopt a Resolution Honoring Roger McCovey.**

Action: Roger McCovey addressed the Board and accepted the Proclamation.

DNCO Resolution 2008-014.

10. Approve appointment of Christy Page as a Board of Supervisors-appointed Alternate member of the Del Norte Child Care Planning Council as requested by the Coordinator of the Del Norte Local Child Care Planning Council.**

Action: Approved

11. Appoint Dr. Warren Rehwaldt and Ms. Alicia McKellar to the First 5 Del Norte, Children and Families Commission, as public members as requested by the Executive Director.**

Action: Approved

12. Approve and Adopt a Resolution Adopting Policy Governing the Administration and Operation of the Del Norte County Veterans Memorial Cemetery as requested by the Administrator of the Veterans Cemetery.**

Action: DNCO Resolution 2008-016

13. Approve and Adopt the Memorandum of Understanding between Del Norte County and the American Fishing Foundation as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2008-048

14. Approve and Authorize the Sheriff to enter into agreement with the Drug Enforcement Administration to defray the costs  related to the eradication and suppression of illicit marijuana as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2008-051

15. Approve and Authorize the Sheriff to enter into a cooperative Controlled Substance Operations Agreement with the United States Forest Service as requested by the Sheriff-Coroner.**

Action: DNCO Agreement 2008-052

16. Approve and Authorize the Chair to sign the Department of Health and Human Services Agreement with The National Council on Crime and Delinquency for child welfare services access to SafeMeasures® reporting as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-050

17. Approve "Proclamation of National Professional Social Work Month" as requested by the Director of Health and Human Services.**

Action: Approved

18. Approve and Authorize the Chair to sign the letter transferring official sponsorship authority for CEC Regional airport to the Border Coast Airport Authority for AIP grants as requested by the Airport Manager.**

Action: Approved

19. Approve the Border Coast Regional Airport Authority budget as adopted by the JPA Board of Directors on February 26, 2008 as requested by the Airport Manager.**

Action: Approved

20. Approve and Authorize the expenditure of budgeted funds to continue to provide required services for the youth in the Independent Living Program and the Emancipated Youth Services Programs as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

21. Approve and Authorize the Sheriff to file an application for an equipment grant through the Department of Boating and Waterways as requested by the Sheriff-Coroner.**

Action: No public comment was given.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved and authorized the Sheriff to file an application for an equipment grant through the Department of Boating and Waterways.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

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

22. Approve and Authorize the Sheriff to enter into an agreement with the State of California, Department of Boating and Waterways for the Fiscal Year 2008-2009 as requested by the Sheriff-Coroner.**

Action: No Public Comment was given

On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board approved and authorized the Sheriff to enter into an agreement with the State of California, Department of Boating and Waterways for the Fiscal Year 2008-2009.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

23. Consider the proposed Vegetation and Fuel Management Project, Smith River Recreational Area as requested by the Assistant County Administrative Officer.  Information Only.**

Action: Chair Finigan commented on the project.  No public comment was given.  Information only.

24. Approve and Authorize the Chair to send a copy of adopted Resolution No. 2007-053 regarding "No Net Loss" of Privately-Owned Land Due to Purchase by the Federal or State Governments and the attached letter affirming the Board of Supervisors position on mitigation to Senator Feinstein as requested by the County Administrative Officer.

Action: Public comment was heard from Grant Wershkull and Ron Plechaty.

After discussion by the Board and on a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved and authorized the Chair to send a copy of adopted Resolution No. 2007-053 regarding "No Net Loss" of Privately-Owned Land Due to Purchase by the Federal or State Governments and the attached letter affirming the Board of Supervisors position on mitigation to Senator Feinstein.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

25. Approve and Authorize the re-broadcasting of the Board of Supervisors meetings on Channel 4 as requested by the Director of Information Technology.**

Action: Comment was heard from Dan McCorkle, Director of Information Technology.

The motion was carried unanimously.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

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

26. Discuss Changes to the Building Code and take action as necessary as requested by the Director of Community Development.**

Action: Comment was heard from Ernest Perry, Director of Community Development, Stan Morris, and Ron Plechaty.

Chair Finigan introduced data from other counties concerning the changes to the Building Code.  Supervisor McNamer commented on the additional cost. 

By Consensus, Chair Finigan directed staff to require the submittal of a foundation and soils investigation prepared by a California licensed engineer in lieu of a geotechnical report as part of a building permit pursuant to the Board's interpretation of Chapter 18 of the California Building Code, and work with local engineers to develop thresholds for exceptions to the requirement of a foundation and soils investigation, and in consultation with local engineers, to draft an implementing ordinance and discuss whether or not to continue to grant soils report waivers on subdivisions, and request the Board's representative on the Regional Council of Rural Counties to discuss with RCRC and to determine if a model ordinance could be prepared by RCRC for consideration by rural counties.

27. Approve the application to the Governor's Office of Emergency Services for monies for the Victim Witness Program and Approve and Adopt the Resolution for the continuing implementation of this program within the District Attorney's Office as requested by the District Attorney.**

Action: On a motion by Supervisor Sullivan and seconded by Gerry Hemmingsen, the Board approved the application to the Governor's Office of Emergency Systems for monies for the Victim Witness Program and Approve and Adopt the Resolution for the continuing implementation of this program within the District Attorney's Office.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

BUDGET TRANSFERS:

ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

28. Approve and Adopt a Budget Transfer (03-01) within the Department of Child Support Services in the amount of $42,151.00 to allow the Department to spend the additional amount of funding allocated by the State Department of Child Support Services as requested by the Interim Director of Child Support Services.**

Action: Approved

29. Approve and Adopt a Budget Transfer (03-02) within the Department of County Counsel in the amount of $20,000.00 for contract services as requested by the County Counsel.**

Action: Approved

30. Approve and Adopt a Budget Transfer (03-03) within the Department of Information Technology in the amount of $18,000 to cover costs of additional contract help as requested by the Director of Information Technology.**

Action: Approved

31. Approve and Adopt a Budget Transfer (03-04) within the 143-232 Sheriff Boating Department in the amount of $7,574.00 as requested by the Sheriff-Coroner.**

Action: Approved

32. Approve and Adopt a Budget Transfer (03-05) within the 101-231 Sheriff Patrol Department in the amount of $50,000.00 as requested by the Sheriff-Coroner.**

Action: Approved