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, May 10, 2011

    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:     Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       Leslie McNamer

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) Wilson v. DNC, Cal. 1st App Dist # A127847; Pacific Shores Property Owner/Lorenz v. DNC CVUJ 11-1053 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.

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

Action: The Pledge of Allegiance was led by Supervisor Sullivan.

·        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.

County Administrative Officer, Jay Sarina, 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: County Counsel requested that Items #9 and #14 be pulled from the Agenda, due to the contract not being reviewed by County Counsel.

Item #15 was changed to a discussion item only.

County Administrative Officer, Jay Sarina, requested that the following two items be added to the agenda:

(1) Approve and authorize the Chair to sign a letter of support for Hoh-kue-moh Corporation's application under the Bureau of Justice Assistance FY 2011 Tribal Criminal Legal Assistance Grants Program and; (2) Approve and authorize the Chair to sign a letter of support for the grant proposal, titled PUSH, for Federal funding under the Carol M. White Physical Education Program.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved the two additions to the agenda.

Motion:   Move to Approve

Move:     Supervisor Finigan

Second:  Supervisor Sullivan

AYES:    4      Martha McClure, David Finigan, Michael Sullivan, Gerry Hemmingsen

(1) Approve and authorize the Chair to sign a letter of support for Hoh-kue-moh Corporation's application under the Bureau of Justice Assistance FY 2011 Tribal Criminal Legal Assistance Grants Program.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved for this letter to be signed and sent.

Motion:   Move to Approve

Move:     Supervisor Finigan

Second:  Supervisor Sullivan

AYES:    4      Martha McClure, David Finigan, Michael Sullivan, Gerry Hemmingsen

(2) Approve and authorize the Chair to sign a letter of support for the grant proposal, titled PUSH, for Federal funding under the Carol M. White Physical Education Program.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved for this letter to be signed and sent.

Direction was given to staff to include additional letter to these two organizations outlining the procedures for submitting an item and how much time is needed in advance to have an item placed on the Agenda.

Direction was also given to staff to send the additional letters to agencies who have asked for letters of support, etc. in the past without adhering to the submittal process.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

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 a Regional Council for Rural Counties Board Meeting via teleconference, attending a Neighborhood Watch meeting on Lake Earl Drive, meeting with the County Administrative Officer regarding communication with Sovereign Nations, attending the Special Session Board of Supervisors' meeting, participating in a conference call regarding realignment, attending a meeting in Sacramento for a CSAC Executive Board meeting, attending a meeting in Klamath regarding the Fire District, attending a meeting with Community Development regarding the Airport, and commented on his Daughter's birthday, Father's birthday, and birth of his fourth Grandchild.

Supervisor McClure reported on participating in a Redwood Park Association meeting, participating in an Emergency Medical Services teleconference, attending a Solid Waste Ad-Hoc Committee meeting, commented on the final audit for the Senior Center, commented on attending a Juvenile Justice Committee meeting, attending her Coastal Commission interview, commented that she was a delegate for the Democratic Convention in Sacramento, commented on researching Minutes from the Coastal Commission meetings to become more informed.

Supervisor Sullivan reported on attending a meeting regarding Walker Road and the moving of the trailhead, attending an EDC meeting regarding the Harbor, meeting with the District Attorney, Sheriff, Deputy Sheriffs, and County Counsel regarding marijuana dispensaries, attending the City Council meeting, attending a School Board meeting, attending the Art Walk, attending the St. Joseph's fundraiser, and attending his son's Little League game

Supervisor Hemmingsen reported on meeting with Fred Kelly Grant, participating in Action Summary, attending a NORTEC meeting, attending the Special Session for the Board of Supervisors, attending a Local Mental Health Board meeting, attending an Airport Authority meeting in Brookings, meeting with the a Board Commissioner, a Brookings City Council member, Kelly Shellong, Bill Renfroe, and George Rhodes, in Brookings regarding possible economic mergers between Curry and Del Norte County, meeting with staff and Supervisor Finigan regarding the Airport Authority, and attending a meeting at the Grange.

2.     Receive an update from Zack Larson regarding the MLPA.   

Action: This presentation was canceled.

3.     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.

4.     10:30 A.M. Accept the following Proclamations: (1) A  Proclamation for Older Americans Month, May 2011; (2) A Proclamation for National Safe Boating Week; (3) A Proclamation for Foster Parent Appreciation During National Foster Care Month, May 2011; (4) A Proclamation setting aside the month of May 2011 as Mental Health Month; and (5) A Proclamation designating the week of May 15-21, 2011 as Emergency Medical Services.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board accepted the following Proclamations: (1) A  Proclamation for Older Americans Month, May 2011; (2) A Proclamation for National Safe Boating Week; (3) A Proclamation for Foster Parent Appreciation During National Foster Care Month, May 2011; (4) A Proclamation setting aside the month of May 2011 as Mental Health Month; and (5) A Proclamation designating the week of May 15-21, 2011 as Emergency Medical Services.

Ron Sandler accepted the Proclamation for Emergency Medical Services.  He also presented the Star Of Life award to Cindy Henderson, Emergency Services Manager.

Jill Munger accepted the Proclamation for National Safe Boating Week.

Michelle Moore, foster parent, accepted the Proclamation for National Foster Care Month. Jamal Campbell spoke with regards to the Foster Care Program.

Clarke Moore accepted the Proclamation for Mental Health Month.

Bonnie Sullivan-Finley accepted the Proclamation for Older Americans Month.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:00 A.M. Conduct a Public Hearing to discuss submission of the 2010/11 Planning and Technical Assistance Allocation of the Community Development Block Grant Application and (2) Approve and adopt a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2010 PLANNING AND TECHNICAL ASSISTANCE (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT as requested by the County Administrative Officer.**.   Document

Action: James Carnegie, Fiscal Manager, presented this item to the Board.

Vice-Chair Hemmingsen opened the Public Hearing.

Public Comment was given by Richard Miles and Bill Renfroe.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved and adopted a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2010 PLANNING AND TECHNICAL ASSISTANCE (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CONSENT AGENDA

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

Action: Items #9 and #14 were taken off the agenda.

Public Comment was given by Richard Miles.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #6-#8 and #10-#13).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve the Minutes from the Joint City/County Meeting on April 18, 2011.**   Document

Action: Approved

7.     Approve the Minutes from the April 26, 2011 Board of Supervisors' Meeting.**   Document

Action: Approved

8.     Approve the Minutes for the May 3, 2011 Board of Supervisors' Special Session.**   Document

Action: Approved

9.     Approve and authorize the Sheriff to enter into an agreement with the Drug Enforcement Administration to defray the costs related to the eradication and suppression of illicit marijuana.**   Document

Action: This item was removed from the Agenda.

10. Approve the proposed Second Amendment to the Agreement between the County of Del Norte and SHN Consulting Engineers & Geologists, Inc. (SHN) as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

11. Approve the proposed Agreement for Services with Curry Transfer & Recycling dba Roto-Rooter, and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

12. Approve and authorize the Probation Department to finance award plaques for employees to be presented at the 16th annual LEADN Awards.**   Document

Action: Approved

13. Approve and adopt the Resolution and authorize Dawn Langston, Treasurer/Tax Collector, to execute the Agreement with the Franchise Tax Board to collect certain delinquent accounts through the Court-Ordered Debt Program as requested by the Collector-County Collector.**   Document

Action: Approved

14. Approve and authorize the Sheriff to enter into an agreement with the State of California, Department of Boating and Waterways for the Fiscal Year 2011-12 as requested by the Sheriff-Coroner.**   Document

Action: This item was removed from the Agenda.

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Discussion and take possible action to approve a Resolution regarding redistricting as requested by Supervisor McClure.   

Action: The Supervisors held a discussion and agreed that they should weigh in on this issue. Direction was made to staff to research this topic and come back to the Board with more information.

16. Approve and authorize the County Administrative Officer to sign the Grant Agreement #2011-0088 between the Resources Legacy Fund Foundation and County of Del Norte in the amount of $30,000.00 as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved and authorized the County Administrative Officer to sign the Grant Agreement #2011-0088 between the Resources Legacy Fund Foundation and County of Del Norte in the amount of $30,000.00.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved Budget Transfers (05-01, 05-02, 05-04, 05-05).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

17. Approve a Budget Transfer (05-01) in the amount of $6,397.00 within the Sheriff's Task Force Budget as requested by the Sheriff-Coroner.**   Document

Action: Approved

18. Approve a Budget Transfer (05-02) in the amount of $25,000.00 within the Agricultural Department as requested by the Agricultural Commissioner.**   Document

Action: Approved

19. Approve a Budget Transfer (05-04) in the amount of $250,000.00 within the Capital Projects Budget as requested by the County Administrative Officer.**   Document

Action: Approved

20. Approve a Budget Transfer (05-05) in the amount of $35,000.00 within the Technology Fund Budget as requested by the Director of Information Technology.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

21. 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 on upcoming negotiations with the Miscellaneous Employees' Union and the Sheriff's Employee's Association. He also commented that he hope to have a Budget Workshop on the next agenda.

He asked that the Board approve a letter to be signed by the Chair and sent regarding the proposed new planning rule to guide land and resource management planning for all units of the National Forest System.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved the letter to be sent.

Motion:   Move to Approve

Move:     Michael Sullivan

Second: David Finigan

AYES:     4          Martha McClure, David Finigan, Michael Sullivan, Gerry Hemmingsen.

Jay Sarina also introduced a letter written by our advocate from Van Scoyoc which provided formal comments on the U.S. Department of Agriculture's proposed new planning rule to guide land and resource management planning for all units of the National Forest System under the National Forest Management Act of 1976.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved for the letter to be signed and sent.

 

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

22. Approve and authorize the Chair to sign a letter in opposition to SB 744, regarding the use of untested water sub-meters, and forward a copy to the Chairman of the State Business, Professions and Economic Development Senate Committee as requested by the Sealer of Weights and Measures.**   Document

Action: Ken Smith, Agricultural Commissioner, presented this item.

On a motion by Supervisor Finigan, and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign a letter in opposition to SB 744, regarding the use of untested water sub-meters, and forward a copy to the Chairman of the State Business, Professions and Economic Development Senate Committee

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

23. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave updates on Florence Keller Park. He also commented on the moratorium on travel possibly affecting the Parks systems.

DEL NORTE PUBLIC IMPROVEMENT CORPORATION

24. Adjourn and reconvene as the Public Improvement Corporation to authorize the President of the Del Norte County Public Improvement Corporation to sign the attached "RELEASE" thereby releasing both parties from any right, title, and interest and the encumbrance created by previous agreements as requested by the County Administrative Officer.**   Document

Action: The Board adjourned and reconvened as the Public Improvement Corporation.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board authorized the President of the Del Norte County Public Improvement Corporation to sign the attached "RELEASE" thereby releasing both parties from any right, title, and interest and the encumbrance created by previous agreements.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

ADJOURNMENT

Action: The meeting adjourned at 11:43 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  May 13, 2011

 

 

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