981 H STREET, ROOM 100






Monday, February 22, 2010

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.



COUNTY: Supervisors McNamer, Finigan, McClure, Sullivan, Hemmingsen

CITY: Commissioners Slert, Murray, Burns, Westfall, and Mayor Shellong




1.     4:00 P.M. The Board of Supervisors toured the Crescent City Wastewater Treatment Plant.

2.     Pledge of Allegiance

Action: The Pledge of Allegiance was led by Supervisor Hemmingsen

3.     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 Richard Miles and Randy Long.

4.     Discuss Planning and Land Development Issues that include but are not limited to: Wind Energy Ordinance, Landscaping Ordinance, and the Coastal Commission and take action as necessary.** Document

Action: Mayor Shellong and City Manager, Rod Butler, spoke on this item. Supervisor Hemmingsen spoke regarding the Landscaping Ordinance and the problems with it and the idea that the Landscaping Ordinance be separate in and of itself. Heidi Kunstal, Deputy Director of Building and Planning, informed the Board that they were working on looking into a Wind Energy Ordinance. Councilman Slert commented that the Landscaping Ordinance from the State is not acceptable but referenced that we need to look at the issue of grey water, recycling, and runoff as well. Rod Butler asked the County to clarify where they were with the LCP. Heidi Kunstal gave an update and said that the County will be meeting with Coastal Staff on March 17th. No action was taken.

Public Comment was given by Richard Miles.

5.     Hold a discussion regarding the Wastewater Treatment Plant and seafood processing and take action as necessary.

Action: Mayor Shellong spoke on this item regarding discussions about funding. Jeannine Galatioto spoke about the CDBG funding that was going to the Harbor and the Harbor's upcoming projects. Jim Barnts stated that the treatment plant is at 90% and should be done by June. He stated that the MBR system started last week and it will be up in running in a couple months and then, in August, Alber's could be brought in. Supervisor McClure asked a question regarding the actual treatment of the Harbor waste. Jim Barnts referenced Fort Bragg and Eureka and said that on the coast our City will have the cheapest wastewater treatment.

Councilwoman Westfall asked questions regarding expansion and new user connection fee. Councilman Slert referenced the buildings at the Harbor and the work needed to get everything up to code. He asked that Tri-Agency be involved in this discussion.

Public Comment was given by Richard Miles.

6.     Receive a status report on consolidated Building Inspection.

Action: Kevin Hamblin, the Director of Community Development, gave an update on Building Inspection.

No Public Comment was given.

7.     Discuss the consolidation of the City and County's Housing Rehabilitation Programs and take action as necessary.

Action: Rod Butler, City Manager, discussed this item. He said that there are two potential funding sources for an aggressive program for Housing Rehab however, there might not be enough action in order to justify a full-time staff, therefore, they are thinking that consolidation would be the answer. Councilman Slert commented on complaints from residents and tenants regarding "slum landlord" abuses in both the City and the County.

Public Comment was given by Richard Miles.

8.     Receive an update on the Joint City/County ADA Advisory Commission. Document

Action: Rod Butler, City Manager, spoke on the progress of this commission. Jay Sarina, Assistant County Administrative Officer spoke to the Board regarding the Memorial Hall and the gym and ADA Compliance.

No Public Comment was given.

9.     Discuss identified ARRA projects and take action as necessary.

Action: Rod Butler spoke about the American Recovery and Reinvestment Act. He stated that the City Council had approved the solicitation for bids for two projects. These projects are pavement rehabilitation and curb access on 5th Street from Wendel to A Street and the entire length of H Street from Front Street up to 9th Street.

Supervisor Hemmingsen commented that the County was undergoing repair of some sewer lines. Jeannine Galatioto referenced the project for energy efficiency at the jail.

Supervisor McClure asked that we look into ARRA funds for the Harbor wastewater connection. Jeannine Galatioto stated that the County will be meeting with the Harbor after the City meets with them.

Public Comment was given by Richard Miles.

10. Receive an OES update including the exercise scheduled for March 24, 2010.

Action: Cindy Henderson, Emergency Services Manager spoke on this item. She stated that March 24th is the Live Code Tsunami Test and that during this test surveys will also be given. An update was given on the following items: the completion of 8 different "Living on the Fault Line" classes, the First Responders Training on Tsunamis and Earthquakes, the Educator Program, advertising, dispatch training, and education for the Surf Hotel and Crescent Arms apartments.

She mentioned that educational programs for tsunami and earthquake preparedness are being done in the schools and stated that maps are now available on the County's website. She suggested that the City follow suit and put maps on their website as well. Tsunami evacuation signage is being worked on as well as the sirens and activators. Also mentioned were the Active Shooter classes for local law enforcement and the H1N1 effort. She stated that the whooping cough incidents should not be a cause of concern due to the fact that we were proactive.

Public Comment was given by Richard Miles.

11. Hold a discussion regarding Crime-Free Housing and take action as necessary.

Action: Chief Plack spoke on this item. He said that there are five apartment complexes that receive this Crime-Free Housing program: Maple Cove, Seabreeze, Crescent City Senior Apartments, Totem Villa, and Seagull Apartments. They are planning to extend this list. He commented that some complexes were not compliant and were taken from the program. He also stated that they have taken up a partnership with First 5 as well as the Del Norte Childcare Center. Mayor Shellong commented on Senator Cox putting forth a bill abolishing all First 5 Commissions.

On a motion by Commissioner Murray and seconded by Commissioner Slert, the Council added a letter to the agenda in opposition of SBX8 41(Cox as an urgency item.

On a motion by Commissioner Murray and seconded by Commissioner Slert, the Council approved and authorized the Mayor to sign the letter in opposition of SBX8 41(Cox) and send to the Senate Health Committee.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board added the letter in opposition of SBX8 41(Cox) as an urgency item.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the letter in opposition of SBX8 41(Cox)


12. Discuss the potential of installing security cameras at the Flynn Center to provide additional security for public meetings and take action as necessary.

Action: Mayor Shellong asked that a small security camera be placed out in the hallway for added security and commented that the City would be willing to share in the expense. Dan McCorkle, IT Manager, spoke on this item. He stated that there were many things to consider regarding the installation of cameras such as archiving, cost, and liability. Councilman Burns commented on costs. Supervisor McClure stated that we should look into rules, regulations, and protocol and have this issue be brought up at the next Automation/Information Committee.

13. Receive an update on the combined efforts of the City and County Planning Commissions to develop architectural guidelines and standards for various focus areas of the City and County and take action as necessary.

Action: Rod Butler, City Manager spoke on this item regarding ways the City and County could work together to develop architectural guidelines. Michele Rambo stated that there were a couple joint Planning Commission meetings regarding directional signage and that the City Planning commission is working on architectural guidelines for downtown. There is no upcoming meeting, however they will work on scheduling another one. Councilman Slert stated that this would be mutually beneficial to both the County and City in order to create framework, guidelines and minimum standards for our community. Supervisor Sullivan stated that we need some parameters to follow.

County Counsel stated that this could create enormous public discontent with regards to guidelines and that it is an active area of litigation. Mayor Shellong stated that she is interested in the overall perception and that we need to move forward in fighting our blight issue and directional signage. Supervisor McClure commented that other things such as garbage receptacles and streetlamps should be looked at as well.

Kevin Hamblin commented on the progress of Eureka and spoke of design review guidelines. Councilwoman Westfall suggested that we look at cities that have successfully achieved this.

14. Hold a discussion regarding the Aggressive Solicitation Ordinance and take action as necessary.

Action: Mayor Shellong commented that the City is moving forward with this and has garnered much support. Chief Plack spoke on this item and stated that the second reading of the Ordinance was last Monday. Chair Hemmingsen suggested that Chief Plack present this item in its entirety at an upcoming Board of Supervisors meeting. This Ordinance states that solicitation can only occur during a certain time, in a certain manner, that it cannot be done on private property, and cannot be done in places where citizens are there to spend money. The City is working on amending the ordinance to include a clause regarding handi-cap citizens.

Supervisor McClure commented on the punishment and that a large issue of community service is that every one of these people have to be covered by workman's compensation. Supervisor Sullivan commented that continuity between the two ordinances is needed. Mayor Shellong stated that the police department has inundated the community with the rules as well as places that people can go if they are in need of services. Chief Plack mentioned that the Chamber of Commerce has received complaints from tourists regarding a fear to shop in our city as well as regular citizens who are taking their business elsewhere instead of dealing with the panhandlers. Bob Black, City Attorney, asked that Chief Plack keeps good statistics to let us know how the Ordinance is working.

Public Comment was given by Chris Howard.

15. Hold a discussion regarding the McNamara & Peepe property and take action as necessary.

Action: Eric Taylor, spoke on this project. He stated that Jeannine Galatioto, Jay Sarina, and Heidi Kunstal have been working with him on the project. Jeannine Galatioto, County Administrative Officer commented on the Chapter 8 process. Eric stated that one of the requirements is to have a resolution signed to accept the award of the contract.

On a motion by Councilman Burns and seconded by Councilman Slert, the City Council approved and adopted by a 5-0 polled vote, a RESOLUTION OF THE CITY COUNCIL OF CRESCENT CITY, CALIFORNIA, APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS.

The Board of Supervisors agreed that this Resolution would be put on the Agenda for the Board of Supervisors meeting on February 23rd as an urgency item.



Board Action: The Board adjourned at 8:51 P.M.




Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California Date Posted: February 26, 2010