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, November 24, 2009

    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), David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; and Coyle v. James Marmon, et al., DN Superior Court Case No. CVPM07-1572; Gregory Jones & Darlene Jones v. County of Del Norte, et. seq. US District Court, Northern District # cv 08 3222BZ; Wigley v. Del Norte CVPI 06-1401; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; Tyler Dickson v. Del Norte County, Del Norte Superior Court # CVUJ-1485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; 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.

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 Finigan

Action: Supervisor Finigan 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: 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 the CSAC conference in Monterey and commented on the keynote speakers Lisa Ling and Chuck Wall as well as several workshops that dealt with County employees, tribal lands, and workforce, attending a Coastal Counties Regional Association meeting, attending an Urban County Caucus meeting, commented on the initiatives that will be placed on the ballot, commented on water legislation, commented on taking his father to a 49er game, attending the youth football finals at the Redwood Bowl, attending a Yurok 2x2, and commented on the City Council meeting.

Supervisor McClure reported on reviewing the RFP for Solid Waste Management Authority, attending a Solid Waste Management Authority meeting, attending a Revolving Loan meeting, attending the local MLPA meeting at the Harbor, attending the Hmong New Year celebration, thanked Engineering for the guardrail at Pebble Beach and Jay Sarina for the fence at Point St. George, commented on the CDBG grant application for technical assistance, and commented on a new Yurok student in her class.

Supervisor McNamer reported on attending the CSAC Annual Conference and commented on the following: Speaker Chuck Wall, Administration of Justice policy meeting, Journalist Lisa Ling, a workshop focused on rebuilding California, and the Health and Human Services policy committee. She also reported on attending the Veteran's Day Parade, attending her granddaughter's basketball game, and celebrating her 4th wedding anniversary.

Supervisor Sullivan reported on attending the Veteran's Day Parade and hosted a reception at his office, as well as attending the dinner that night at the Veteran's Hall, attending a Solid Waste Ad-Hoc meeting, attending Action Summary, met with Glenn Hill regarding the need for more volunteer firefighters in his district as well as Crescent City and Klamath, attending the CSAC Annual Conference and commented on reform, Initiatives, the budget, and Cal-PERS Pensions, attending the Coastal Counties Caucus, meeting with constituents in Gasquet regarding a walking path, and commented on the issue of duck hunting.

Supervisor Hemmingsen reported on attending a meeting at the Airport with James Bernard, Ernie Perry, Fish and Game staff, and Coastal Commission staff, attending a Klamath Fisheries Management Zone Coalition meeting, attending an LTCo meeting, attending a special Border Coast Regional Airport Authority meeting, meeting with Zack Larson regarding the MLPA, meeting with crab fisherman, attending a Solid Waste Management Authority meeting, meeting with a representative from the Beachly subdivision and County staff, and attending a LAFCO meeting regarding the MSR from the Harbor District.

 

2.     10:25 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 Leslie Hinkley regarding Pacific Avenue.

3.     10:30 A.M. Presentation Regarding Del Norte County and Adjacent Tribal Lands, California Endowment Building Healthy Communities Initiative.  Update of activities presented by Laura Olson, Program Officer, The California Endowment and Geneva Wiki, Executive Director, Wild Rivers Community Foundation

Action: Laura Olson, Program Officer, and Geneva Wiki, Executive Director, gave a presentation and update on the activities.

 

4.     10:45 A.M. Presentation by the Yurok Tribal Staff on the Klamath Basin Restoration Agreement (“KBRA”) and  the Klamath Hydroelectric Settlement Agreement (“KHSA)” and an update on the Tribe’s legislation efforts.

Action: Troy Fletcher gave a presentation on the two agreements.

5.     11:00 A.M. Receive an update by the Federal Highway System.

Action: An update was given on the projects that are being worked on. A request was made that the frequency of the updates changed from every month to every three months. The Board approved this request.

CONSENT AGENDA

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

Action: Supervisor McNamer pulled Item #7

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda, Items 6, 8, 9, 10,  and 11.

 

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

6.     Approve the Department of Health and Human Services, Alcohol and Other Drug Programs Substance Abuse Offender Treatment Program for FY 09/10 revised application as requested by the Director of Health and Human Services. **

Action: Approved

7.     Reallocate the position of the Accounting Supervisor position (salary range 34) to a Staff Services Analyst I/II-Fiscal position (salary range 41/47) and authorize the Department of the Child Support Services to fill that position; and eliminate the following vacant positions from the Department's staffing chart:  Child Support Program Coordinator; Account Clerk I/II/III; Child Support Assistant I/II/III; Office Assistant I/II/III as requested by the Director of Child Support Services.**

Action: This item was pulled for separate discussion.

Debbie Mayhue, Director of Child Support Services spoke on the item.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board reallocated the position of the Accounting Supervisor position (salary range 34) to a Staff Services Analyst I/II-Fiscal position (salary range 41/47) and authorized the Department of the Child Support Services to fill that position; and eliminated the following vacant positions from the Department's staffing chart:  Child Support Program Coordinator; Account Clerk I/II/III; Child Support Assistant I/II/III; Office Assistant I/II/III.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

8.     Approve and authorize the Board Chair to sign the lease for office space for Child Support Services effective July 1, 2009 as requested by the Director of Child Support Services.**

Action: Approved (DNCO Agreement 2009-095)

9.     Approve and authorize the Director of Child Support Services to enter into an annual agreement between Del Norte CSS and ABC Legal Services dba as Process Forwarding International (PFI) for non local process services at a rate of $74.00 per successful service and $69.00 per incomplete service totaling no more than $20,000.00 per fiscal year as requested by the Director of Child Support Services.**

Action: Approved (DNCO Agreement 2009-221)

10. Approve and adopt a RESOLUTION ESTABLISHING BENEFITS FOR APPOINTED DEPARTMENT HEADS as requested by the County Administrative Officer.**

Action: Approved (DNCO Resolution 2009-123)

11. Approve and authorize the Sheriff to accept the donation of a 1994 Ford Box Van from Del Norte Ambulance Service as requested by the Sheriff-Coroner.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

12. Presentation regarding the North Coast Regional Stakeholder Nominees from the Del Norte MPA Work Group

Action: Zack Larson presented this item as a request for the Board's to issue a support letter for each nominee listed. On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board unanimously voted to add the item to the agenda as an urgency item.

Motion: Move to Approve

Move:   Martha McClure

Second: Leslie McNamer

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

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved letter to be sent in support of the listed nominees.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved Budget Transfers (11-05, 11-06)

 

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

13. Approve a Budget Transfer (11-05) in the amount of $901,315 within the Community Development Department to accommodate the funds for the CSA 1 Sewer Rehabilitation Project as requested by the Deputy Director.**

14. Approve a Budget Transfer (11-06) in the amount of $9,849.00  for the additional interest payment as included in the amortization schedule as requested by the Auditor-Controller.**

LEGISLATIVE AND BUDGET ISSUES:

15. 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: Supervisor Finigan commented on upcoming initiatives as well as the budget.

16. Direct staff to send a letter of support regarding legislation that would allow the Necessary Small Schools funding formula for the maintenance of Mountain School and Margaret Keating School under the Del Norte County Unified School District

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board directed staff to send a letter of support regarding legislation that would allow the Necessary Small Schools funding formula for the maintenance of Mountain School and Margaret Keating School under the Del Norte County Unified School District.

CAPITAL PROJECTS:

17. A Written Capital Projects Update. Information Only.**

Action: Jay Sarina, Assistant County Administrative Officer, commented on ongoing projects. Information Only.

ADJOURNMENT

Action: The Board adjourned at 12:04 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  November 25, 2009

 

 

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