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, October 12, 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.

 

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, 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). Public Employee Assistant District Attorney DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Health and Human Services.

 

 

Action: No Public Comment was given on Closed Session Items.

Chair Hemmingsen stated that the litigation item WACB #ADJ6801035, J. Garcia, needed to be added to Closed Session due to an immediate need for conference with Legal Counsel under Gov't Code Section 54956.9. The need for the action arose subsequent to the posting of the agenda. 

No Public Comment was given.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board added the item to Closed Session.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

REGULAR SESSION 10:00 A.M.

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

Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk took silent roll, noting that all were present.

·        The Pledge of Allegiance to the Flag led by Supervisor Hemmingsen.

Action: Supervisor Hemmingsen led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: Louise Wilson, County Assessor, introduced Andrew Hooper as the new appraiser for the Assessor's Office.

Kevin Hamblin, Director of Community Development, stated that Jim Barnts has taken the position of County Engineer.

·        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 Finigan reported on attending a First 5 Children and Families' Commission Meeting, attending the Regional Council of Rural Counties Annual Meeting in Napa, commented on traveling to Washington D.C. for a National Forest, Counties, and Schools Coalition Annual Board meeting, attending a Tri-Agency Economic Development meeting, attending an Airport Joint Powers Authority meeting, attending Cookies for Cops at the Harrington House, commented on the passing of the State Budget, commented that Stage 3 Child Care will no longer be funded through the State and that this means that the community will have to find new ways and partnerships to fund this program.

Supervisor McClure reported on speaking with John Woolley and Liz Murgia of Congressman Mike Thompson's office regarding repairs on the Gasquet Legion Hall, commented that the Tower Grant for the Lighthouse was approved by the Coastal Conservancy, commented on the Redwood Parks Association's plan to merge with the State Park Association, and commented on attending the Giant's first playoff game.

Supervisor McNamer reported on attending a Safe and Healthy Families meeting, participating in Agenda Review for the Solid Waste Management Authority, and attending a Tri-Agency Economic Development meeting for Supervisor Sullivan.

Supervisor Sullivan reported on attending a Resource Advisory Committee meeting, attending Back to School Night for his son at Mary Peacock School, extended his thanks to Supervisor McNamer for filling in for the Tri-Agency meeting, attending the College of the Redwoods second Master Plan Meeting and commented that curriculum for State Parks education was discussed, attending Virginia Bigger's Memorial Services, attending the Habitat for Humanity Fundraiser, attending a mediation meeting regarding the Smith River National Recreation Area, attending Cookies for Cops, commented that he spoke at the State Parks Commission meeting on October 8, 2010 where the Mill Creek General Plan Amendment was approved and commented on the duck hunting issue process, stated that he spoke with State Parks Director Ruth Coleman and CalTrans regarding Stimpson Grove and the danger in that area, attending the first day of Sea Cruise, and attending a BBQ for Republican Candidate Doug LaMalfa.

Supervisor Hemmingsen reported on the passing of the Final Budget FY 2010-11 for Del Norte County, attending two Border Coast Airport Authority meetings, attending the Wild Rivers Community Fundraiser dinner at the Brookings' Airport, attending an Elk Valley Rancheria 2x2 meeting, attending a number of meetings regarding Forest Service roads, attending a meeting in Santa Rosa regarding the Trawl Rationalization Program through the Pacific Fisheries Management Council, participating in a teleconference with State Parks Director Ruth Coleman and others regarding the State Parks meeting and their reasoning for pulling Tolowa Dunes off the Agenda for the October meeting, participating in a teleconference with Maurice Johannessen, State Parks Commission member, regarding our issues and concerns, attending a Local Mental Health Board meeting, attending Cookies for Cops, attending the State Parks Commission meeting where he spoke, attending Sea Cruise, and attending a BBQ for Republican Candidate Doug LaMalfa. 

 

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: Public Comment was given by Jonathan Olson regarding the Green Building Code, Richard Miles regarding Welfare Fraud, and Eileen Cooper regarding fluoridation of the water in Del Norte County.

3.     10:35 A.M. Conduct a Public Hearing to review and approve the Text Amendment to the Invalid Care Ordinance (R1102C and R1101) with the approval of the following actions: 1) Adopt an Ordinance amending Section 20.00.050 of Title 20- Zoning (Residential Second Units-Invalid Family Care- Temporary Occupancy of a Manufactured Home for Invalid Family) and adding Section 20.04.645 to Title 20- Zoning (Definitions- Park Trailer); 2) Adopt an Ordinance amending Section 21.00.050 of Title 21- Coastal Zoning (Residential Second Units- Invalid Family Care- Temporary Occupancy of a Manufactured Home for Invalid Family) and adding Section 21.040.634 to Title 21- Coastal Zoning (Definitions- Park Trailer); and 3) Adopt a Resolution submitting an Ordinance amending Title 21 to the California Coastal Commission as a Local Coastal Program (LCP) Amendment as requested by the Deputy Director of Building and Planning.**   Document

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

Chair Hemmingsen opened the Public Hearing and asked for any Public Comment. No Public Comment was given. Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Sullivan, and seconded by Supervisor McNamer, the Board approved and adopted the Text Amendment to the Invalid Care Ordinance (R1102C and R1101) with the approval of the following actions: 1) Adopted an Ordinance amending Section 20.00.050 of Title 20- Zoning (Residential Second Units-Invalid Family Care- Temporary Occupancy of a Manufactured Home for Invalid Family) and adding Section 20.04.645 to Title 20- Zoning (Definitions- Park Trailer); 2) Adopted an Ordinance amending Section 21.00.050 of Title 21- Coastal Zoning (Residential Second Units- Invalid Family Care- Temporary Occupancy of a Manufactured Home for Invalid Family) and adding Section 21.040.634 to Title 21- Coastal Zoning (Definitions- Park Trailer); and 3) Adopted a Resolution submitting an Ordinance amending Title 21 to the California Coastal Commission as a Local Coastal Program (LCP) Amendment.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:50 A.M. Presentation from CalTrans regarding the Del Norte 101 Smith River Corridor Engineered Feasibility Study, Roadside Safety Audits, and Value Analysis.**   

Action: Eileen Poindexter, CalTrans Design Department Project Engineer, gave a presentation.

She commented that they will be conducting a study in Early Novermber with a report to come out in December, and that they will hold a Public meeting in January, and come back to the public again in April. The project is scheduled to be finalized in June 2011.

The Board asked that they be updated on the progress of this project.

Public Comment was given by Terry Supahan, a consultant with Smith River Rancheria

5.     11:00 A.M. Department of Health and Human Services Public Health Branch Youth Projects Presentation.**   

Action: Gary Blatnick presented this item. 

Holly Meyer-Zlokovich, Health Educator, spoke about partnerships throughout the County and various projects that have been implemented

Randy Bancroft, Prevention Program Coordinator, gave a presentation regarding the Youth Leadership Program and the Strengthening Families Program

Nancy Rivera gave a presentation regarding Friday Night Live and the Chapter Expansion Grant.

 

 

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 on Items #10, #11, and #12

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Consent Agenda, (Items #1 through #12).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve and adopt a Proclamation of The Del Norte County Board of Supervisors In Recognition of the 25th Anniversary of The Small Business Development Center.**   Document

Action: Approved

7.     Approve and adopt a Resolution recognizing National Hispanic Heritage Month, 2010, honoring Mexico's 2010 Bicentennial of Independence Honors for La Espuela, Toreros Famosos Mexican Restaurant, and Perlita's Authentic Mexican Restaurant as requested by the President of the Hispanic Chamber of Commerce.**   Document

Action: Approved (DNCO Resolutions 2010-056, 2010-057, 2010-058)

8.     Approve and authorize the Director of Child Support Services to enter into the annual agreement between Del Norte CSS and California DCSS effective October 1, 2010 through September 30, 2012 as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2010-167)

9.     Approve the MHSA Prevention and Early Intervention Plan for submission to the State Department of Mental Health as requested by the Director of Health and Human Services.**   Document

Action: Approved

10. Approve and authorize the Chair to sign the Agreement for Adult Residential Services with Willow Glen Care Center, Yuba City, CA for the period July 1, 2010 to June 30, 2011, at the rate of $128 per day, not to exceed $50,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-168)

11. Approve and authorize the Chair to sign an Agreement with St. Helena Hospital Center for Behavioral Health in Vallejo, CA for Psychiatric Inpatient Hospital Services from July 1, 2010 through June 30, 2011, not to exceed $5,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-169)

12. 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, 2010 through June 20, 2011, not to exceed $10,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-170)

REGULAR ITEMS

GENERAL GOVERNMENT:

13. Approve and authorize the move of the Information Technology Department to the Central Services section of the Manual Arts Building, and transfer the responsibilities of printing and postage to the Information Technology Department.**   Document

Action: County Administrative Officer, Jay Sarina and Director of Information Technology, Dan McCorkle, presented this item.

On a motion by Supervisor McClure, and seconded by Supervisor McNamer, the Board approved and authorized the move of the Information Technology Department to the Central Services section of the Manual Arts Building, and transferred the responsibilities of printing and postage to the Information Technology Department

14. Waive second reading, read by title only and adopt an Ordinance of the Del Norte County Supervisors Amending Section 10.04.030 (k) of Title 19 of the County Code Regarding the Membership of the Environmental Review Committee as requested by the Director of Community Development.**   Document

Action: Kevin Hamblin, Director of Community Development presented the item.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board waived second reading, read by title only and adopt an Ordinance of the Del Norte County Supervisors Amending Section 10.04.030 (k) of Title 19 of the County Code Regarding the Membership of the Environmental Review Committee.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

15. Implementation of the 2010 California Green Building Code as requested by the Deputy Director of Building and Planning, Building Official, and the Building Inspector. Information Only.   Document

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

The Board asked that more information be provided to them regarding this item, as well as commented that we need to ask for assistance from the Regional Council of Rural Counties to help provide exemptions to counties whose weather conditions are not suited to the 2010 California Green Building Code.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved Budget Transfer 10-02.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

16. Approve a Budget Transfer (10-02) in the amount of $46,881.00 within the Capital Projects Budget as requested by the County Administrative Officer.**   Document

LEGISLATIVE AND BUDGET ISSUES:

17. 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: Jay Sarina, County Administrative Officer, commented on the State Budget and the request for assistance for onsite trials.

Supervisor Hemmingsen asked that letters be written and sent to the Wildlife Conservation Board and the Fish and Game Commission regarding the County's position on "No Net Loss".

CAPITAL PROJECTS:

18. Verbal Update. Information Only.   

Action: Jay Sarina, County Administrative Officer, commented that the Bertsch Tract Park is scheduled to be finished by the end of October. He also stated that the Point St. George interviews for a Cultural Analysis Consultant have been conducted, and that improvements will soon be made to Florence Keller Park.

ADJOURNMENT

Action: The Board adjourned to Closed Session at 11:50 A.M.

The Board reconvened to Regular Session at 1:45 P.M.

No reports were given from Closed Session Items.

The Board adjourned at 1:46 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 15, 2010

 

 

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