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 02, 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), 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; Jones & 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; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; 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.  Conduct the annual evaluation of the Director of Information Technology pursuant to Govt’ Code 54997. Continue interviews for the position of County Administrative Officer.

 

 

                           REGULAR SESSION 10:00 A.M.

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

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

Action: Supervisor Sullivan 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, 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 Sullivan reported on attending the meeting at the Grange regarding combined-use roads on Pacific Shores, and the duck-hunting issue, meeting with Supervisor Hemmingsen and Grant Wershkull regarding Hurdygurdy, meeting with Supervisor Finigan and the Warden of Pelican Bay Prison regarding the PIA as well as two local contracts regarding bread and milk delivery, and attending a Tri-Agency meeting.

Supervisor McNamer reported on attending a CMSP meeting in Sacramento regarding the reserve, and mentioned constituents complaining about their neighbors burning certain things inside their home and the nuisance it causes.

Supervisor McClure reported on contacting Chesbro's office regarding the ambulance concerns, commented that the RAC has been reappointed and she and Supervisor Sullivan are both serving on this committee, commented that Medi-Cal was cut by a 20% reimbursement rate and thinks the Board should send a letter in support of reinstating the Federal reimbursement rate, gave congratulations to staff on their efforts during the tsunami warning but thinks that there should be more education for citizens of Del Norte County.

Supervisor Finigan reported on attending a CASA Executive Board meeting, attending a CASA Board meeting regarding their direction for the year, attending a National County  Forest  Schools Coalition meeting, meeting at Pelican Bay State Prison with Supervisor Sullivan, attending a Law Enforcement meeting, commented on the tsunami warning, and announced that his oldest daughter had gotten married.

Supervisor Hemmingsen reported on attending a Local Mental Health Board meeting, touring the new Mental Health Building, attending agenda review, attending a meeting at the Grange regarding combined-use roads and the duck hunting issue, commented that the Coastal Commission directed the County to remove the directional signs at Pacific Shores, meeting with the new Commander of the CHP regarding combined-use roads, going to Pacific Shores, commented on several visits from constituents regarding rules and regulations regarding combined-use roads, met with Sheriff Wilson regarding this issue as well, meeting and teleconference with ALCO holdings and Grant Wershkull regarding Hurdygurdy, and attending a Law Enforcement meeting.

 

2.     Receive a presentation from Zack Larson regarding a status update on the MLPA.   

Action: Zack Larson, of Larson & Associates gave an update on the progress of the MLPA. He stated that there are 34 Stakeholders with more to be added in the near future. The Stakeholder's Group has met twice and one of the areas of focus is the Native American issue. He mentioned that the process is at the end of Phase One.He introduced four points that the Regional Stakeholder's Group are recommending to the Blue Ribbon Task Force to consider. They are as follows:

1. That the Northcoast Regional Stakeholder's Group(NCRSG) recognizes that the tribes and tribal communities are inadequately dealt with in the MLPA framework, including the Master Plan. 2. That the NCRSG requires policy guidance on how to address this issue, and that without such guidance, the NCRSG is unable to properly discharge its function and runs the risk of developing proposals that are less than robust. 3. That the MLPA initiative shall appropriately acknowledge that California tribes and tribal communities have aboriginal rights to take marine resources and to use and manage coastal areas for traditional subsidence, cultural, religious, ceremonial, and other customary purposes. The tribal coalition will provide draft language to the NCRSG, Blue Ribbon Task Force, and Science Advisory Team. 4. The NCRSG suggests establishing a separate tribal advisory group to the Blue Ribbon Task Force consisting of Blue Ribbon Task Force members, policy officials from the Department of Fish and Game, Natural Resources Agency, and appropriate federal agencies, and California tribes and tribal communities for the purposes of developing appropriate policy guidance to the NCRSG and to the California Fish and Game Commission, as well as a view toward amending the Master Plan.

Supervisor Sullivan suggested that these meeting be televised so as to have the process be as transparent as possible.

Supervisor McClure asked about a possible application to the Resource Legacy for assistance.

Supervisor Finigan asked that the upcoming webinar be held in Board Chambers.

3.     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 given by John Phillips regarding the recent RFP of Solid Waste and by Richard Miles regarding the City Council.

4.     10:35 Approve and adopt a Resolution honoring Jim Waldvogel, retiring County Director and Marine Advisor with Sea Grant and the University of California Cooperative Extension.   

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and adopted a Resolution honoring Jim Waldvogel, retiring County Director and Marine Advisor with Sea Grant and the University of California Cooperative Extension. (DNCO Resolution 2010-015)

 

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

5.     11:00 A.M. Receive a presentation from Leonard Masten and Fisheries Director, Mike Orcutt from the Hoopa Tribe regarding the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreements.   

Action: Leonard Masten, Chairman of the Hoopa Tribe, introduced this presentation. He commented that they are not signing the waiver. The Tribe feels as if there should be adequate preparation. The main concern of the tribe is what the outcome will be after the dam removal. Mike Orcutt, Fishery Clerk, also spoke on this issue. He commented that they are very concerned that many provisions in the agreements are subject to appropriations.

Supervisor Finigan asked if you don't sign on, how do you retain your protest rights?

Supervisor Hemmingsen asked about the advantage of not signing and Mike responded by saying that it takes away support.

Supervisor McClure asked if these two agreements could be "peeled apart". The response was that these two agreements needed to stay together.

Public Comment was given by Eileen Cooper, Jim Waldvogel, Felice Pace, and Troy Fletcher.

6.     1:30 Receive a presentation from Hank Seemann, Environmental Services Manager of the Humboldt County Public Works Department regarding the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreements.   

Action: Hank Seemann, Environmental Services Manager of the Humboldt County Public Works Department gave a presentation regarding the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreements. Some key areas that he spoke about were the recent history in the Klamath Basin, potential signatory parties, Counties' programs, implementation and funding, secretarial determination, and legal aspects of both agreements. He also commented that the State does not have to identify their source of funding until 2020.

Public Comment was given by Jim Waldvogel, John Stetson, and Chuck Tweed.

Per request by Supervisor Finigan, the powerpoint version of the presentation was added as a link on the County's website.

 

CONSENT AGENDA

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

Action: On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved the Consent Agenda, Items 7 through 10.

 

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

7.     Approve appointments for Public Members to the Local Transportation Commission.   Document

Action: Approved

8.     Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for Bar-O Boys Ranch Placement with Placer County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2010-034)

9.     Approve and authorize the Chair to sign the Agreement with Six Rivers Planned Parenthood (SRPP) for the period July 1, 2009 through June 30, 2010 for $8,305.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-035)

10. 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 16th annual LEADN awards as requested by the Sheriff-Coroner.**   Document

Action: Approved

REGULAR ITEMS

LAND USE:

11. Discuss the request from the Supervisor Sullivan regarding speed tables on Gasquet Flat Road.   

Action: Discussion was held. Chair Hemmingsen directed staff to work on this.

12. Approve and adopt the Resolution approving the Functional Classification change for Railroad Avenue, Boulder Avenue, Alder Road, Blackwell Lane, Humboldt Road, Sandmine Road, Arlington Drive, Madison Avenue, Klamath Boulevard, Ehlers Way, Klamath Mill Road, and North Indian Road as "collector" roads as requested by the County Engineer.**   Document

Action: On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved and adopted the Resolution approving the Functional Classification change for Railroad Avenue, Boulder Avenue, Alder Road, Blackwell Lane, Humboldt Road, Sandmine Road, Arlington Drive, Madison Avenue, Klamath Boulevard, Ehlers Way, Klamath Mill Road, and North Indian Road as "collector" roads.

 

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

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved Budget Transfer 03-01.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       4              Michael Sullivan, David Finigan, Martha McClure, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

13. Approve a Budget Transfer (03-01) in the amount of $78,350.00 within the Office of Emergency Services budget as requested by the Assistant County Administrative Officer.**   Document

LEGISLATIVE AND BUDGET ISSUES:

14. 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.   

CAPITAL PROJECTS:

15. A Written Capital Projects Update. Information Only.**   Document

Action: Jay Sarina, Assistant County Administrative Officer gave an update.

ADJOURNMENT    Adjourn and Reconvene at 1:30 P.M. to receive a presentation from Humboldt County.

Action: The Board adjourned back to Closed Session at 11:53 A.M.

The Board reconvened at 11:57 A.M.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board finalized the agreement with Jay Sarina and announced his appointment as the new County Administrative Officer effective March 5, 2010.

The Board adjourned the meeting at 3:05 P.M.

The next Board meeting is scheduled for March 23, 2010

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

 

 

                  The Board adjourned the meeting at 3:05 P.M.

 

            The next Board meeting is scheduled for March 23, 2010

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 5, 2010

 

 

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