Present:
Leslie McNamer, Martha McClure, Gerry Hemmingsen
and David Finigan
Absent:
Michael Sullivan
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; Susan White v District Attorney, Case No. CVUJ 07-1436; 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.
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: Del Norte County Humane Society.
Action:
Jennifer Henion, Danielle Larsen-Wheeler, Tana Bachman, and Ken Smith, Agricultural Commissioner, spoke about Humane Society
programs and progress.
· · The
Pledge of Allegiance to the Flag led by a representative from the Humane Society.
· · 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 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:
No deletions, corrections, or additions were requested.
SCHEDULED ITEMS:
1. 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 commented on attending a JPA Airport Workshop regarding progress followed with a JPA Airport meeting,
attending a conference in New Orleans focusing on Traffic Safety, attending a Smith River Recreation Area meeting with Jim
Pena, Jay Sarina, and Supervisor Sullivan on improving the situation between the National Recreation Area and the County,
attending a Solid Waste Management Authority meeting on behalf of Supervisor Sullivan, attending a Local Transportation Commission
meeting, attending a Future Facilities meeting, attended a Pelican Bay State Prison Citizen Advisory meeting with regards
to work crews and presentation on sewer facilities, attending a meeting with Grant Wershkull and Laura Mayo, attending a Local
Mental Health Board Meeting, attending a meeting with crab fisherman regarding an advisory panel, attended a meeting at Pelican
Bay State Prison on behalf of Supervisor Sullivan to discuss an anerobic digester, attending a Farm Bureau Dinner at Ship
Ashore, and attending a LAFCO meeting; ~Supervisor McClure commented on attending
a Solid Waste Management Authority Meeting, attending a CAPCE meeting, attending a meeting on CDBG grant process application
for a Culinary Education Center, attending a meeting with the Juvenile Justic Commission regarding bringing in an Intervention
Specialist to assist, meeting with Jay Sarina, Elk Valley Rancheria, and Smith
River Rancheria to discuss management plan for Point St. George, meeting with Grant Wershkull about Agnew property and Coastal
Trail Project; ~Supervisor McNamer commented on attending a CDBG meeting, commented
on the major sewer project to extend further on Northcrest Drive, commented on saving a mobile home trailer park that is under
a Cease and Desist Order, attending an IGRC meeting, attending a Boys and Girls Club meeting, and attending a meeting with
Grant Wershkull regarding the Agnew property; ~Supervisor Finigan commented on
attending a CAPCE meeting, attending a First 5 meeting, attending a JPA Airport workshop and JPA Airport meeting, being recognized
for Realtor achievement by Chetco Federal Credit Union, meeting with the new Editor of the Triplicate, attending an American
Fishing Federation meeting, attending a meeting with the Mayor regarding Advisory Vote language, attending a meeting with
the Klamath Chamber, attending a City Council Schools meetings, meeting with Ask Del Norte, meeting with CASA to focus on
Tribal aspects, attending a meeting in Sacramento with RCRC and State Legislature, attending three agenda reviews, and participated
in an RCRC conference call regarding budget issues.
2. 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:
Public Comment was heard from Vicky Frazier, County Clerk-Recorder; Grant Werschkull, Community Forest; and Mark Andre, Community
Forest Manager, Director of Environmental Services.
3. 3. 10:40 A.M. Presentation from Vicki Frazier, Registrar of
Voters, to recognize workers in the February 5, 2008 Presidential Primary Election.**
Action:
Presentation was moved to the meeting of the Board of Supervisors on March 11, 2008.
4. 4. 10:45 A.M. Conduct a Public Hearing to consider approval
of a Rezone, Richard Hopkins, (R0801) as requested by Planner II.**
Action:
Randy Hooper, Planner II commented on the Rezone. Chair Finigan opened the Public
Hearing and Public Comment was given by Rose Hepburn and Bonnie Barrow. Chair
Finigan closed the Public Hearing.
After discussion by the Board on a motion by Supervisor Hemmingsen and seconded by Supervisor
McNamer, the Board moved to approve the Rezone, Richard Hopkins, (R0201), by
adopting the findings and approving the project as conditioned.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Leslie McNamer
Vote Yea:
4 Gerry Hemmingsen,
Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
5. 5. 11:00 A. M. Conduct a Public Hearing to consider the Appeal
of Condition 11 on Richard and Leanna Hopkins Subdivision MS0802, APN 116-263-20 & 24 as requested by the County Engineer.**
Action:
Art Reeve, County Engineer, commented on Appeal. Chair opened the Public Hearing
and Public Comment was given by Rose Hepburn, Mark Cambra, Erik Weber, and Ernie Perry, Director for Community Development. Chair Finigan closed the Public Hearing.
After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor
McNamer, the Board granted the appeal and modified last sentence in Condition 11 to state that the paving of the road be the
unimproved portion of Pine Grove Road, 20 feet wide, to the intersection of the proposed access road, an approximate distance
of 225 feet.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Martha McClure
Vote Yea:
4 Gerry Hemmingsen,
Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
6. 6. 11:15 A.M. Conduct a Public Hearing to consider approval
of a Rezone, Kou Moua, (R0630) as requested by the Senior Planner.**
Action:
Heidi Kunstal, Senior Planner, commented on Rezone. Chair Finigan opened the
Public Hearing and public comment was given by Jim Coop, Scott Feller, Mac Eller, and Ron Plechaty. Chair Finigan closed the Public Hearing.
After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor
Finigan, the Board tentatively approved and adopted the Negative Declaration and revised Findings and directed staff to submit
the Board package to the California Board of Forestry for Review.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
David Finigan
Vote Yea:
4 Gerry Hemmingsen,
David Finigan, Leslie McNamer, Martha McClure
Vote Nay:
0 None
Vote Abstain:
0 None
7. 7. 11:30 A.M. Presentation from Sara Borok, Associate Fisheries
Biologist, regarding the Klamath River Project.
Action:
Sara Borok gave a presentation on the upcoming regulations.
8. 8. 11:45 A.M. Presentation from Andrea Souther regarding the National Resource Conservation Service.
Action:
Andrea Souther gave a presentation on the National Resource Conservation Service.
CONSENT AGENDA
Comments from members of the public may be heard at this time regarding matters on the Consent Agenda only.
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Gerry Hemmingsen
Vote Yea:
4 Leslie McNamer,
Gerry Hemmingsen, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
9. 9. Approve Minutes from the February 5, 2008 meeting.**
Action:
Approved
10. 10. Approve and Authorize the Chair to sign the Agreement Between County of Del Norte and Alpha Environmental,
Inc for Asbestos Removal Services and Authorize County Administrative Officer to approve contract change orders up to a maximum
of $2,500 as needed as requested by the County Administrative Officer.**
Action:
Approved
11. 11. Appoint Sherri Adams, Staff Services Analyst, as the Del Norte County Alternate Representative to the
CSAC Excess Insurance Authority Board of Directors as requested by the County Administrative Officer.**
Action:
Approved
12. 12. Appoint Sherri Adams, Staff Services Analyst, as the Del Norte County Alternate Representative to the
Trindel Board of Directors, as requested by the County Administrative Officer.**
Action:
Approved
13. 13. Approve and Adopt the Statement of Votes cast at the February 5, 2008 Presidential Primary Election and
request that a copy be lodged in the Office of the County Clerk as requested by the County Clerk- Recorder.**
Action:
Approved
14. 14. Approve and Authorize the Chair to sign Agreement with the Del Norte County Superior Court for court bailiff
services and Establish and additional Deputy Sheriff I/II/III position assigned to the Court/Bailiff Unit effective 03/01/08.**
Action:
Approved
15. 15. Approve and Adopt a Resolution to Eliminate the position of Airport Manager within the Community Development Department effective February 1, 2008 and Transfer the two positions of Airport Maintenance
Worker I/II/III from the Community Development Department to the Building/Parks Department effective February 1, 2008 as requested
by the County Administrative Officer.**
Action:
Approved
16. 16. Approve the Substance Abuse Crime Prevention Act County Plan update as requested by the Director of Health
and Human Services.**
Action:
Approved
17. 17. Approve and Authorize the Chair to sign Lease Agreement with George M. Mavris for office space known as
the 540 H Street Building as requested by the Director of Health and Human Services.**
Action:
Approved
18. 18. Approve and Authorize the Director of Health and Human Services to notify the State Department of Public
Health of Intent to Contract for Local Public Health Services as requested by the Director of Human and Health Services.**
Action:
Approved
19. 19. Approve and Authorize the Chair to sign Agreement with Sandra Morrison for Clean and Sober Living Residence
Services as requested by the Director of Health and Human Services.**
Action:
Approved
20. 20. Approve and Authorize the Chair to sign the Agreement with Open Door Community Health Centers For Children's
Health Outreach Coordination to provide outreach coordination for the Del Norte Children's Health Initiative Coalition as
requested by the Director of Health and Human Services.**
Action:
Approved
21. 21. Approve and Authorize the Chair to sign the amended Lease Agreement with Community Assistance Network
for office space as requested by the Director of Health and Human Services.**
Action:
Approved
22. 22. Approve and Authorize the Chair to sign Agreement with Remi Vista, Inc. for Special Education Day Rehabilitation
Services as requested by the Director of Health and Human Services.**
Action:
Approved
23. 23. Acknowledge the appointment of Connie Merrill as Chief Probation Officer effective immediately as requested
by the County Administrative Officer.**
Action:
Acknowledged
24. 24. Authorize the Del Norte County Sheriff to fund award plaques to be presented to staff and volunteers of
the Del Norte County Sheriff's Department during the 14th annual LEADN awards as requested by the Sheriff-Coroner.**
Action:
Approved
REGULAR ITEMS
GENERAL
GOVERNMENT:
25. 25. Approve and Adopt the Memorandum of Understanding for Services Between the County of Del Norte and the
Border Coast Regional Airport Authority for Del Norte County Regional Airport, Jack McNamara Field/CEC and Approve and Adopt
the Provisional Agreement to Cover Maintenance and Oversight Services from February 1, 2008 through June 30, 2008 as requested
by the JPA Airport Manager and County Administrative Officer.**
Action:
Comment was heard from Jim Bernard, JPA Airport Manager.
After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor
McNamer, the Board approved and adopted the Memorandum of Understanding for Services Between the County of Del Norte and the
Border Coast Regional Airport Authority for Del Norte County Regional Airport, Jack McNamara Field/CEC and approved and adopted
the Provisional Agreement to Cover Maintenence and Oversight Services from February 1, 2008 through June 20, 2008.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Leslie McNamer
Vote Yea:
4 Gerry Hemmingsen,
Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
26. 26. Approve and Authorize the Chair to sign and send the attached response to Ms. Williams, President of Del
Norte Chapter SEIU Local 1021 as requested by the County Administrative Officer.**
Action:
Comments were heard from Jeannine Galatioto, County Administrative Officer; Norma Williams, and Tom Seither.
After discussion by the Board and on a motion by Supervisor Hemmingsen and seconded by Supervisor
McNamer, the Board approved and authorized the Chair to sign and send the attached response to Ms. Williams, President of
Del Norte Chapter SEIU Local 1021.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Leslie McNamer
Vote Yea:
4 Gerry Hemmingsen,
Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
27. 27. Approve and Authorize staff to submit a funding application to the Department of Transportation for installation
of guardrail at nine (9) locations on P.J. Murphy Drive/Requa Road, and Authorize the Director of the Community Development
Department to sign documents necessary for submittal as requested by the County Engineer.**
Action:
Ernest Perry, Director of Community Development, commented on application.
After discussion by the Board and on a motion by Supervisor McClure and seconded by Supervisor
McNamer, the Board moved to approve and authorize staff to submit a funding application to the Department of Transportation
for installation of guardrail at nine locations on P.J. Murphy Drive/Requa Road, and authorize the Director of the Community
Development Department to sign the documents neccessary for submittal with the correction to be made on Page 3 of the HSIP
Application to change the Federal Funds Requested to the amount of $312,120 instead of $2,120.
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
4 Martha McClure,
Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
28. 28. Approve the Application to the Governor's Office of Emergency Services for
monies for the Victim Witness Program and Adopt the Resolution for the Continuing Implementation of this Program Within
the District Attorney's Office as requested by the District Attorney.**
LAND
USE:
BUDGET
TRANSFERS:
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Martha McClure
Vote Yea:
4 Leslie McNamer,
Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain:
0 None
29. 29. Approve and Adopt a Budget Transfer (02-06) within the Road Division in the amount of $64,350 to purchase
a D5GLT Bulldozer and authorize the "trade-in" of the old D-8 through Peterson
Tractor as requested by the Director of Community Development.**
Action:
Approved
30. 30. Approve and Adopt Budget Transfer (02-07) within the Sheriff's Department in the amount of $31,040 for
an additional Deputy Sheriff Bailiff as requested by the Sheriff-Coroner.**
Action:
Approved
31. 31. Approve and Adopt a Budget Transfer (02-09) from General
Fund Contingency to Operating Transfer Out to the Airport Budget Unit 103-321 in the amount of $70,661 and Transfer the funds
effective February 1, 2008, increasing the County contribution to the Airport prior to the transfer of the Airport budget
to the JPA effective February 2, 2008 as requested by the County Administrative Officer.**
Action:
Approved
LEGISLATIVE
AND BUDGET ISSUES:
32. 32. 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:
Jeannine Galatioto comments on the Budget and funds for rural roads. Supervisor
Finigan comments on the letters regarding infrastructure that were approved and that are to be hand-delivered to Washington. Supervisor Finigan also commented on NACO regarding Transportation and Airport funds. Supervisor Hemmingsen commented on the Emminent Domain Bill and wants to evaluate
RCRC's position on the Bill.
CAPITAL
PROJECTS:
33. 33. Written Capital Projects update. Informational only.**
Action:
A written update was given.
ADJOURNMENT
Action:
Recessed to Closed Session at 12:52 PM
Meeting adjourned at 12:56 PM
Jeremi Ruiz, Clerk of the Board
County of Del Norte, State of California
Date Posted: March 12, 2008
THE AGENDA AND ACTION SUMMARY
ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us
