Monday, June 09, 2008

 

Code Enforcement Task Force agenda for Friday's meeting

Code Enforcement Task Force Meeting
June 13, 2008 9:00 A.M until 1:30 PM
Humboldt County Board of Supervisor’s Chambers
825 5th Street, Eureka, CA 95501

AGENDA
Members:
Johanna Rodoni Second District Supervisor
Jill Geist Fifth District Supervisor
Phil Smith-Haynes Asst. County Office Administrator
Bonnie Blackberry Civil Liberties Monitoring Project
Liz Davidson Civil Liberties Monitoring Project
Wes Juliana Civil Liberties Monitoring Project
Dan Taranto At-Large Representative
Jack Bernstein At-Large Representative
Robert Vogt At-Large Representative
Staff (invited):
Wendy Chaitin Interim County Counsel
Richard Hendry Deputy County Counsel
Paul Gallegos (or designee) District Attorney
Kirk Girard Community Development Services
Brian Cox Div. of Environmental Health

Call to Order-Supervisor Geist
Continue Staff Response to Questions submitted by Bonnie Blackberry at
April 8th meeting.
Summarize Public Input from Board of Supervisor’s April 8th meeting.
Discussion of the Inspection and Warrants document, dated May 15, 2008.
Woods Ranch (this item may be moved after agenda item 6 and 7 at the
discretion of Task Force members).
Tasks, Finding and Recommendation Due Date – July 8, 2008.
Discuss Evaluation process, Recommendation and Report Findings format.
Discuss next meeting topics and date – Suggested date: June 27th.
Adjourn

Board of Supervisors, County of Humboldt, 825 5th St., Eureka, CA 95501
~ 707 476-2390 ~ Finalized 6/6/08

Comments:
What are the occupations of each of the At-Large Representatives and what is there expertise in these negotiations?
 
Dan Taranto was a leader of Humboldt's United Stand against code craziness in the 80s. He's from Blue Lake, and very solid.

Jack Bernstein was a former code enforcement officer in the mid 90s, now a working cop in Fortuna or Rio Dell I believe, or someone correct me?

Vogt is Palco's environmental compliance officer. He made it clear at last Friday's meeting that he had no idea why the task force was convened. He'd never heard of Wood Ranch, Yee Haw or anything untoward.

Johanna Rodoni is very focused and, as they say, straight forward in her work on the task force so far. Kudos to her in rising with grace to unimaginable challenges.
 
What is Mrs Rodoni's position on the code task force?
Have the other two candidates declared a position.
 
She and Jill Geist are the Supe reps.
 
Last meeting was at the County Library but newspaper said it was at the BOS. Is this one at BOS?? or at the Library again?

I believe Taranto is actually from McKinleyville and was on Grand Jury at least once and is a member of the CA State Grand Jury and was involved in continuing education for GJ members.
 
Will the Judge's name who signed these warrants be disclosed?
 
thorn says,

thank you for posting this info, eric.

does anyone know if this task force intends to hold a public hearing before they make their final recommendations to the supervisor? or will we have to wait until it goes back to the board of supes to have our say again?

they're certainly getting plenty of the staff perspective right now. it would be best if the staff's explanations, assertions and opinions don't get to go unanswered by the public before the task force makes formal recommendations back to the board of supes. otherwise we'll be right back to the public taking up a lot of board of supes time with whatever concerns we may have with the task force recommendations, after the fact.

and even from the point of view of the county powers-that-be it would seem advantageous to try to get as much "buy in" from the public as possible, which is not really going to happen if the task force only invites staff to comment on the issues at hand and then makes their recommendations based chiefly on that staff perspective. remember, some of these are the same staff who created the code-raid debacle in the first place.

it's like old what's-his-name said: "the problems we are facing are not going to be solved by the minds that created them."

whether it is in front of the task force or at the board of supervisors (or better yet both), a public hearing in the evening would be a lot better for those of us who work for a living.

- thorn
 
thorn says,

hey eric, do you have any opinion on the fact that the code cops have been using a lower standard of "reasonable perception that some nonconformity exists" to justify the inspection warrants, instead of using the higher standard of "probable cause," even though the 4th amendment clearly states that "...no warrants shall issue except upon probable cause" ?

am I barking up the wrong tree here? is it already "settled law" that they can ignore the 4th amendment's plain language in these circumstances? and how do they justify doing so?

it seems pretty screwed-up to me, but then i'm not a lawyer, so maybe i'm missing something here?
 
I've been to both meets. It's moving like glue. No public imput. Many scary realities for property owners have come up. You are not safe in your own home,you have little to no rights,any minor violation that can be found will justify the worst intrusion into your life and home. This issue is deeper than the drug raid on trumped up charges. It gives code enforcement the power of an evil dictator to do F*#@%*G anything and that has to stop.
 
All any citizen has to be guilty of to get attacked by code enforcement is non-conforming.Yes,either be a Yuppie ass kissing mother-f---er or we'll kick you outta your digs. This can be stopped if the board of sup's has the balls to say NO! People need to scream bloody murder at them to get these intrusions out of Dodge. WE want enforcement of meth labs&grow house &other real enviromental destruction. That ain't an out house and a family home with the kido's living in a cool tree house. Take care of real problems, real issues and get out of micro-managing our lives. Code violations are so unrealistic many times it boggels the mind.
 
Who was the Judge who signed these warrants?!?! It can't be that difficult to find out!! There aren't that many Judges presiding in Humboldt County.
 
Hey - you should look at the raise that Shelley Morrison is set to get. 20 thousand a year increase and then plus 13%. She started the code enforcement fiasco this year and in the 1980s also.
 
hey eric, do you have any opinion on the fact that the code cops have been using a lower standard of "reasonable perception that some nonconformity exists" to justify the inspection warrants, instead of using the higher standard of "probable cause," even though the 4th amendment clearly states that "...no warrants shall issue except upon probable cause" ?

I haven't researched the question, but criminal attorneys I've spoken to have said that the lesser standard for civil issues has survived Constitutional challenge in the courts. But I don't know the specifics.
 
does anyone know if this task force intends to hold a public hearing before they make their final recommendations to the supervisor? or will we have to wait until it goes back to the board of supes to have our say again?

One of the advantages of the CLMP representation is that you can asked them directly. I believe the number is 923-4646.
 
was their even a judge who signed the warrants? or did county council scribble a note in the signature area?

Jack Bernstein works for Fortuna PD last I heard,

You don't even need to be non conforming to have the Jack booted thugs kick in your door, just a reasonable perception of nonconformity, and with fine men like deputy desidier can reasonable perception ever exist?
 
There is an updated agenda. The change made is public comment which will be done at the end of the meeting. I guess someone finally figured out that this is a posted agenda - Brown Act - and public comment cannot be excluded.
 
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