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 22, 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), Jon Miller vs. DNC, et al., U.S. District Court Northern District of CA, Case No. CV 11 0474. Wilson v. DNC,

Cal. 1st App Dist # A127847, 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, Hanover vs. DNC Road Dept, Del Norte Superior Ct., #CVCV 08-2300, Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258; 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. Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Community Development, and the County Administrative Officer. Discuss and take possible action regarding the vacant position of County Counsel.

 

 

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 County Administrative Officer, Jay Sarina.

Action: Jay Sarina, County Administrative Officer, led the Pledge of Allegiance.

·        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: Interim County Counsel Gretchen Stuhr 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, additions, or corrections 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 participating in several conference calls with the National Forest Counties Schools Coalition, traveling to Sacramento and meeting with Governor Brown with regards to constitutional amendments within the realignment process, attending a NACO conference where the following meetings were held: meeting with our federal advocate, Greg Burns, meeting with the Federal Aviation Administration, a Transportation Subcommittee meeting regarding safe mode travel, rail travel, and car safety chips, an Airport Subcommittee meeting, a Western Interstate Region Board meeting and the Croatian Ambassador's Reception. He also reported on attending the Tsunami Town Hall meeting, participating in CSAC conference calls regarding realignment and commented that it's his son's b-day.

Supervisor McClure commented on all the support during the tsunami attending a Solid Waste Management Authority, attending a meeting with Liz Murgia and John Driscoll from Congressman Thompson's office, meeting with Jan Moorehouse regarding Rural Schools, attending a Historical Society Board meeting, commented that the Senior Board is meeting this afternoon, attending a Revolving Loan Committee meeting, attending a Redwood Park Association meeting, commented on reviewing the State budget, and commented on working on a project regarding Forest Reserve money.

Supervisor Sullivan reported on attending the City Planning Commission meeting, visiting the Harbor after the tsunami, attending the emergency Board of Supervisors' meeting, commented on the great job done by Office of Emergency Services, attending an Area 1 Agency on Aging meeting, attending the Community Assistance League Charity Ball and Auction, commented that he and his son participated in the Beach Cleanup on Saturday and commented that there was a good turnout of volunteers, attending a School Board Meeting, spoke with staff from Senator LaMalfa's office regarding SB700, attending the Town Hall meeting regarding the tsunami, commented that there is an upcoming meeting for the Solid Waste Ad-Hoc Committee, and commented that Little League needs an additional coach. 

Supervisor Hemmingsen reported on attending Action Summary, attending a video conference with Northwest RC&D which includes the 5c Salmonid, commented on the tsunami and that he was able to move his boat safely, attending meetings with Assemblymember Chesbro, Congressman Thompson, and Senator LaMalfa, regarding an update on the situation, commented on the Beach Cleanup being a huge success, meeting with Six Rivers National Forest staff, Tyrone Kelley, MaryKay Vandiver, and Julie Ranieri, regarding the Smith River Road Management and Route Designation Project, and attending the Special Session BOS meeting.

Supervisor McNamer did not report.

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 Richard Miles and Eileen Cooper.

3.     10:30 A.M. Conduct a Public Hearing to discuss submission of the 2010/11 Economic Development Allocation Community Development Block Grant Application; and (2) approve and adopt Resolution 2011-014 entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE COMMUNITY DEVELOPMENTBLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT as requested by the County Administrative Officer.**   Document

Action: James Carnegie, Fiscal Manager, presented this item.

Chair McNamer opened the Public Hearing

Public Comment was given by Richard Miles and Bill Renfroe, Executive Director of Tri-Agency Economic Development Authority.

Chair McNamer closed the Public Hearing

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved and adopted Resolution 2011-014 entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:40 A.M. Approve the following actions with regards to the consideration of the addition of the Emergency Shelter Combining District to Del Norte County Code Title 20 Zoning and Application of the Emergency Shelter Combining District Designation on Land Zoned C-4 and located within the Crescent City Urban Area: (1) Adopt an Ordinance adding Chapter 20.49 - ES District- Emergency Shelter Combining District and section 20.46.020.T- Space Requirements to Del Norte County Code Title 20 Zoning; and (2) Adopt an Ordinance replacing Non-Coastal Zoning Map B-9 pursuant to Chapter 20.52 of the Del Norte County Code; and (3) adopt an Ordinance replacing Non-Coastal Zoning Map C-9 pursuant to Chapter 20.52 of Del Norte County Code as requested by the Deputy Director of Building and Planning.**   Document

Action: Supervisor Hemmingsen recused himself from this item due to conflict of interest.

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

Public Comment was given by Richard Miles and Joseph Allioto

Chair McNamer closed Public Comment.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board adopted an Ordinance adding Chapter 20.49 - ES District- Emergency Shelter Combining District and section 20.46.020.T- Space Requirements to Del Norte County Code Title 20 Zoning; and (2) Adopt an Ordinance replacing Non-Coastal Zoning Map B-9 pursuant to Chapter 20.52 of the Del Norte County Code; and (3) adopt an Ordinance replacing Non-Coastal Zoning Map C-9 pursuant to Chapter 20.52 of Del Norte County Code with the following correction made: Exhibit A for zoning map B-9 includes area North of Wilson Ave only.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       4              Michael Sullivan, David Finigan, Martha McClure, Leslie McNamer    

Vote Nay:       0              None

Vote Abstain: 1              Gerry Hemmingsen

CONSENT AGENDA

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

Action: Supervisor Finigan pulled Item #15 for separate discussion.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #5 - #14 and #16 - #21)

 

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

5.     Approve the Minutes from the Board of Supervisors March 1, 2011 Special Session meeting.**   Document

Action: Approved

6.     Approve the Minutes from the March 8, 2011 Board of Supervisors meeting.**   Document

Action: Approved

7.     Approve the Minutes from the March 15, 2011 Board of Supervisors Special Session meeting.**   Document

Action: Approved

8.     Approve a Proclamation proclaiming April 9, 2011 as "Junior Miss Day".**   Document

Action: Approved

9.     Approve and adopt a Proclamation Supporting the Designation of April 2011 as Child Abuse Prevention Month.**   Document

Action: Approved

10. Adopt the Resolution for the continuing implementation of the CHAT program.   Document

Action: Approved (DNCO Resolution 2011-016)

11. Approve the Amendment to Resolution 2011-003 by appointing two  (2) additional trustees, Michael Skudstad and Robert Drossel as Trustees of the Del Norte County Law Library Board as requested by the Interim County Counsel.**   Document

Action: Approved (DNCO Resolution 2011-017)

12. Approve and authorize the Sheriff to enter into a Cooperative Law Enforcement agreement with the United States Forest Service.**   Document

Action: Approved (DNCO Agreement 2011-035)

13. Approve and authorize the Chair to sign the California State Fair 2011 Counties Exhibits Entry Form.**   Document

Action: Approved

14. Approve and adopt the attached Resolution that set forth the guidelines for the implementation of the Emergency Medical Air Transportation Act, Government Code: 76000.10   Document

Action: Approved (DNCO Resolution 2011-018)

15. Approve the attached proposed Agreement to Harvest County Trees as requested by the Assistant Engineer.**   Document

Action: This Item was pulled for separate discussion.

Public Comment was given by Richard Miles.

After discussion, the Board directed staff to come back to the Board with

16. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Pesticide Regulation for pesticide use data entry as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2011-019)(DNCO Agreement 2011-037)

17. Approve and authorize the Chair to sign an agreement with Day Wireless Systems for Portable Radio purchase, Programming and Accessories to be bought for Del Norte County Operational Area as requested by the Emergency Services Manager.**   Document

Action: Approved (DNCO Agreement 2011-038)

18. Approve the submittal of the Highway Bridge Replacement and Rehabilitation (HBRRP) Application for South Fork Smith River Bridge (George Tryon Bridge) as requested by the Assistant Engineer.**   Document

Action: Approved

19. Approve and authorize the County Road Superintendent to sign documents necessary to secure funding under the Secure Rural Schools & Community Self-Determination Act as requested by the Road Superintendent.**   Document

Action: Approved

20. Approve and authorize the purchase of one John Deere Motor Grader for the Road Division at a cost not to exceed $202,336.03 as requested by the Road Superintendent.**   Document

Action: Approved

21. Approve and adopt a Resolution entitled DESIGNATION OF APPLICANT'S AGENT FOR NON-STATE AGENCIES for the purpose of obtaining certain federal financial assistance as requested by the County Administrative Officer.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

22. Appoint a Board member to the Local Enforcement Agency Independent Hearing Panel as requested by the Deputy Director of Building and Planning.**   Document

Action: The Board of Supervisors unanimously approved the appointment of Supervisor Sullivan to the Local Enforcement Agency Independent Hearing Panel.

23. Review the California Coastal Commission Certification of Del Norte County Local Coastal Program (LCP) Amendment No. DNC-MAJ-2-03 (LCP Update) and take the following actions: (1) That the Board not accept nor approve the Coastal Commission's Suggested Modifications to the County's LCP ; and (2) Direct staff to continue to process development applications under the existing certified County Local Coastal Program as requested by the Director of Community Development and the Deputy Director of Building and Planning.**   Document

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

Public Comment was given by Richard Miles and Eileen Cooper.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board rejected the Coastal Commission's Suggested Modifications to the County's LCP and directed staff to continue process development applications under the existing certified County Local Coastal Program.

 

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

24. Adopt a Resolution approving the application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund for the cleanup of various solid waste disposal sites located in unincorporated Del Norte County as requested by the Deputy Director of Building and Planning and the Code Enforcement Officer III.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board adopted a Resolution approving the application for grant funds from the Solid Waste Disposal Site Cleanup Trust Fund for the cleanup of various solid waste disposal sites located in unincorporated Del Norte County.

 

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

25. Hold a discussion and direct staff to prepare a letter in response to the Smith River Road Management and Route Designation Project Scoping Document.**   

Action: Supervisor Hemmingsen presented this item and stated issues with this document.

Public Comment was given by Eileen Cooper.

After discussion, the Board directed staff to draft and send a letter to Six Rivers National Forest that stresses the need for them to coordinate with us as well as show some consistency regarding the needs of Del Norte County.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfers (03-04 and 03-05).

 

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

26. Approve a Budget Transfer (03-04) in the amount of $12,000.00 within the FEMA/OES budget as requested by the County Administrative Officer.**   Document

27. Approve a Budget Transfer (03-05) in the amount of $8,000.00 within the Road Division Budget as requested by the Road Superintendent.**   Document

LEGISLATIVE AND BUDGET ISSUES:

28. 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 16 different bills that were recently passed and upcoming proposed budgets from departments.

Supervisor Finigan commented on the federal issues such as Indian Fee-to-Trust Reform, reauthorization of SAFETEA-LU, reauthorization of Secure Rural Schools, Clean Water Act, State Criminal Alien Assistance Program, and the Federal Renewable Energy Policy.

CAPITAL PROJECTS:

29. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave updates on Florence Keller Park, Pyke Field, Ruby Van Deventer, and the Townsite Boat Ramp.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 24, 2011

 

 

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