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, February 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, Michael Sullivan and Gerry Hemmingsen

                  

Absent:       Martha McClure and David Finigan

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), Donna Fiery et al v. DNC et al, Sacramento Superior Ct., 34 2011-00095243. 1) Pacific Shore Property Owners Association and Richard Lorenz v. DNC,  Del Norte Superior Ct., Case No. CVUJ 11-1053  Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist # A127847, Hanover vs. DNC Road Dept, Del Norte Superior Ct., # CVCV 08-2300 , DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, Coyle v. DNC, Del Norte Ct # CVPM07-1572, , Elsebusch v. DNC, Del Norte Ct # CVCV06-2313, 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, 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.  Public Employee Assistant District Attorney DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Consider and Discuss the appointment of County Counsel.

 

 

 

 

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: 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: Items #4, #7, #10, #12, #13, and #14 were pulled from the agenda and continued to the next Board meeting on March 8, 2011 due to the absence of two Board members.

With the exception of Item #4, all other items needed a 4/5ths vote.

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 a Redwood Coast Transit meeting, attending an Local Transportation Commission meeting, commented on the Road Safety Analysis event to be held on Wednesday in Smith River regarding traffic calming and highway issues from Dr. Fine Bridge to the Oregon Border, commented that CalTrans will be having a meeting on Thursday night at the Hiouchi Fire Station regarding a traffic calming study for the area, commented that there will be a Public Hearing for Area 1 Agency on Aging at the Wellness Center in Del Norte County on March 17th, commented that he spoke with Doug LaMalfa regarding the re-introduction of the PIA Bill, as well as the lack of elk tags in Smith River and Del Norte County, extended special thanks to the Road Department regarding the work done in Hamilton Park in Hiouchi, commented that he visited the Requa Inn, and commented that he attended the Rowdy Creek Fishery Derby.

Supervisor Hemmingsen reported on attending a Border Coast Regional Airport Authority meeting, attending Action Summary, and attending a Local Transportation Meeting.

Supervisor McNamer reported on attending Agenda Review, attending a Northcoast Air Quality Control meeting, meeting with a constituent regarding the sale of his property, and commented that she will be attending a CMSP meeting tomorrow.

 

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.

3.     10:30 A.M. Presentation by Randy Hatfield, General Manager of the Del Norte County Fair, and possible action regarding state funding for California Fairs.   

Action: Randy Hatfield, General Manager of the Del Norte County Fair, presented information to the Board regarding the status of funding to the Del Norte County Fair.

Public Comment was given by Richard Miles.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board directed staff to send a letter of support to Sacramento regarding funding for the Del Norte County Fair.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       3              Michael Sullivan, Gerry Hemmingsen, Leslie McNamer

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:45 A.M. Approve and authorize the Chair to sign a letter of support regarding the sale of APN 110-032-05 (James Lambert) to the California Department of Fish and Game.   Document

Action: This item was pulled and placed on the next agenda for the Board of Supervisors.

CONSENT AGENDA

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

Action: Item #7 was pulled from the agenda.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved the Consent Agenda (Items #5, #6, #8, #9)

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

Vote Yea:       3              Michael Sullivan, Gerry Hemmingsen, Leslie McNamer

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the Board of Supervisors Meeting on February 8, 2011.**   Document

Action: Approved

6.     Approve the appointment of Sparky Countess to the Fish and Game Commission.   Document

Action: Approved

7.     Approve a step increase for the Director of Child Support Services.   

Action: This item was pulled and placed on the next Board of Supervisors' meeting.

8.     Approve and authorize the Sheriff to enter into a cooperative agreement with the United States Department of Justice, Organized Crime Drug Enforcement Task Forces (OCDETF) as requested by the Sheriff-Coroner.**   Document

Action: Approved

9.     Approve the request to rescind the appointment on December 14, 2010 for Delfinia Danner as an Interim Discretionary Member for the Local Planning Council for Child Care & Development as requested by the LPC Coordinator.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

10. Approve and adopt the corrected Resolution that sets forth a Disability Determination of a Local Safety Member for Retirement Purposes Pursuant to Government Code Section 21156 as requested by the County Administrative Officer.**   Document

Action: This item was pulled from the agenda and placed on the agenda for the next Board of Supervisors' meeting.

11. Approve the submittal of the California Forest Highway Application for the replacement of the South Fork Smith River Bridge (George Tryon Bridge).   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board approved the submittal of the California Forest Highway Application for the replacement of the South Fork Smith River Bridge (George Tryon Bridge).

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       3              Gerry Hemmingsen, Michael Sullivan, Leslie McNamer

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: Due to an absence of two Board members, all Budget Transfers were pulled and placed on the next Board of Supervisors' meeting.

12. Approve a Budget Transfer (02-04) in the amount of $10,500.00 within the Capital Projects Budget as requested by the County Administrative Officer.**   Document

13. Approve a Budget Transfer (02-06) in the amount of $4,251.00 within the District Attorney's Office CHAT Grant as requested by the County District Attorney.**   Document

14. Approve a Budget Transfer (02-07) in the amount of $14,350.00 within the Sheriff's Department's Budget as requested by the Sheriff-Coroner.**   Document

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: Jay Sarina, County Administrative Officer, commented that there will be a mid-year report at the next meeting outlining issues and projections. He also commented that a draft Legislative Platform will be brought forward to the Board as well.

CAPITAL PROJECTS:

16. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, commented on the progress of projects for Pyke Field, Florence Keller Park, Ruby Van Deventer, and the Townsite Boat Ramp

ADJOURNMENT

Action: The meeting adjourned at 10:56 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 22, 2011

 

 

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