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 24, 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, 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), Olson v. Del Norte County, Case No. CVUJ 08-1513, 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 Hemmingsen.

Action: Supervisor Hemmingsen 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 reported that she has been advised and instructed to initiate litigation concerning the Simpson Reed Grove Trail with the State Department of Parks and Recreation.

·        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: Supervisor Hemmingsen requested that the Minutes for the May 10, 2011 meeting be amended to change the AYES vote number from 5 to 4 on Items #21 and #22.

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 Smith River Neighborhood Watch meeting, attending a Redwood Coast Transit Authority Meeting, attending a Local Transportation Commission meeting, attending a School Board Meeting, attending the Farm Bureau Dinner, attending the Mike Thompson Fundraising Dinner, attending a Memorial for Leonard Nielsen, commented on dealing with an overzealous Game Warden, and attending a Harbor meeting.

Supervisor Hemmingsen congratulated Supervisor McClure on her appointment to the Coastal Commission and reported on participating in Action Summary, attending the GIS presentation by Information Technology, attending an RC&D meeting, attending a Special Harbor meeting where a Coordination Resolution was passed, attending a Local Transportation Commission meeting, participating in a teleconference with Fred Grant, attending a City Council meeting, attending a Harbor Workforce meeting, attending a Harbor Meeting,  participating in some meetings with Airport Staff regarding Airport mitigation for the Runway Safety Area Project, attending the Farm Bureau Annual Dinner, attending Mike Thompson's Dinner, and attending a LAFCo meeting

Supervisor Finigan reported on attending a First 5 Commission meeting, attending a Harbor Commission meeting, attending a Bar-O Oversight meeting, participating in a NACO meeting regarding the corporate associates, and attending a Western Interstate Region meeting,

Supervisor McClure commented on her appointment to the Coastal Commission and reported on attending a Redwood Coast Transit meeting, attending a Historical Society meeting, commented on the redistricting discussion, attending a meeting with Congressman Thompson, and attending a Solid Waste Management Authority meeting.

Supervisor McNamer reported on attending a Bar-O Oversight Committee meeting, meeting with Sarah Sampels regarding the review of the Solid Waste Ad-Hoc Committee report, meeting with Gary Blatnick, Director of Health and Human Services, participating in Agenda Review, attending a Solid Waste Management Authority meeting , attending a North Coast Air Quality meeting, and attending a LAFCo meeting.

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 and Gary Blatnick.

3.     10:30 A.M. Receive a presentation/update from Greg Burns of Van Scoyoc Associates.**   Document

Action: Greg Burns gave a presentation on the 2011 Federal Legislative Agenda and Briefing Book.

4.     10:45 A.M. Conduct a public hearing on the Master Fee Ordinance.  Waive full reading, read by title only and introduce the Master Fee Ordinance as requested by the County Administrative Officer.   Document

Action: Jay Sarina, County Administrative Officer, presented this item.

Chair McNamer opened the Public Hearing.

Public Comment was given by Richard Miles.

Chair McNamer closed the Public Hearing

The Board asked questions of departments regarding their suggested fee changes.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board waived the full reading, read by title only and introduced the Master Fee Ordinance.

 

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

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 Sullivan and seconded by Supervisor Finigan, the Board approved the Consent Agenda (Items #5-#21)

Public Comment was given by Richard Miles.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the May 10, 2011 Board of Supervisors meeting.**   Document

Action: Corrections were requested for this item.

Approved.

6.     Approve the addition of the Sheriff-Coroner to the existing Coordination Committee.**   Document

Action: Approved

7.     Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for Organic Food Inspections as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2011-038) (DNCO Agreement 2011-058)

8.     Approve a Resolution authorizing the County Agricultural Commissioner to sign an amended Agreement with the California Department of Food and Agriculture for Pest Detection as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2011-039) (DNCO Agreement 2011-059)

9.     Approve the attached proposed Agreement to Harvest County Trees as requested by the Assistant Engineer.**   Document

Action: Approved

10. Approve the contract between the California Department of Corrections, Parole Division and the Del Norte County Sheriff's Department to operate a substance abuse treatment center for state parole violators. Further, it is requested that the Board issue an order indicating Board approval of the contract and authorizing the Sheriff to proceed with the contract as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2011-066)

11. Approve an extension of time for Title III funding for a Community Service Work Camp project for the Bar-O Boys Ranch to be completed by June 30, 2012 as requested by the Director of Community Development.**   Document

Action: Approved

12. Direct staff to send letters to owners of property in the initial areas considered for Road Maintenance Districts to determine levels of support as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

13. 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: Approved (DNCO Agreement 2011-061)

14. 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 as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2011-062)

15. Approve the First Amendment to Agreement 2010-028 with Sutter Coast Hospital to extend the term of the Agreement through June 30, 2011 as part of the County's 2009 Hospital Preparedness Program Grant as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2011-063)

16. Approve the recommended appointments to the Local Planning Council for Child Care & Development.**   Document

Action: Approved

17. Appoint Noemi Hernandez, Carol Mathews, Rita Daley and Edward Reidel III, and reappoint Clarke Moore and Marilyn Mullem to the Local Mental Health Board as requested by the Director of Health and Human Services.**   Document

Action: Approved

18. Adopt a Resolution authorizing the Community Development Department to apply for and accept a grant from Cal EPA for implementation of the California Environmental Reporting Systems Program as requested by the Deputy Director of Building and Planning.**   Document

Action: Approved (DNCO Resolution 2011-037)

19. Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for providing Aggression Replacement Training (ART) for Del Norte County Office of Education (DNCOE) as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2011-064)

20. Approve and authorize the Chair to sign an Agreement with Community Health Alliance of Humboldt-Del Norte to serve as a fiscal agent for payment of children's insurance premiums from July 1, 2010 to June 30, 2011, not to exceed $4,870.96 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-065)

21. Approve the Goal Committee Schedule to reflect all goal committees as meeting on a "as needed" basis.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

22. Review the attached analysis of the 2010 Census numbers and determine if any adjustment is needed to bring each of the five Supervisory Districts within the 10% (+/-) margin of the target population for each district as requested by the County Clerk-Recorder.**   Document

Action: Alissia Northrup, County Clerk-Recorder, presented this item.

On a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board approved the attached analysis of the 2010 Census numbers and approved for the Item to be brought to the Board as a Public Hearing.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

23. Consider, Review, and approve the Master Lease Agreement with the Border Coast Regional Airport Authority as requested by the Airport Director.**   Document

Action: Public Comment was given by Richard Miles.

On a motion by Supervisor Finigan, and seconded by Supervisor Hemmingsen, the Board approved the Master Lease Agreement with the Border Coast Regional Airport Authority.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

24. Provide review of the proposed Del Norte Solid Waste Management Authority (DNSWMA) Budget for Fiscal Year 2011/2012; and Notify DNSWMA in writing of any specific comments, objections, additions, or deletions to the proposed budget before or during the Public Hearing for the final adoption of the Budget, scheduled at 3:30 P.M. on Wednesday, June 8, 2011 as requested by the Director of the Solid Waste Management Authority.**   Document

Action: Kevin Hendrick, Director of the Solid Wasted Management Authority, stated that he has provided a draft Budget and that this Budget has been reviewed by the Board of the Solid Waste Authority, and because of several reasons, he wants to propose that “we might accomplish this over the next two Board meetings”.  He stated that he received a call from the Assistant County Administrative Officer, who stated that he had some preliminary comments that would require changes to this Budget, and at the time suggested that they pull this item from the Agenda. However, Kevin Hendrick stated that he thought he would attend the meeting and “suggest this as a more thorough approach to make sure that all of your thoughts and comments were considered” before the Solid Waste Authority Board adopts it. He suggests that he and the Assistant County Administrative Officer meet soon to review any comments or questions the Board has provided as well as any issues the Assistant County Administrative Officer may have independently considered.

Supervisor Hemmingsen expressed some concerns regarding the following: revenues and expenditures, Transfer Station fees and tipping fees, use of revenue, Commissioner stipends, future projections, and the ability to substantiate the proposed budget.

Supervisor Sullivan also expressed concerns regarding revenue, raising of fees, and Commissioner stipends.

Public Comment was given by Richard Miles.

Direction was made to have all questions and comments forwarded to Neal Lopez, Assistant County Administrator, and that a meeting be held to discuss these issues.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfers (05-06, 05-07, 05-08).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

25. Approve a Budget Transfer (05-06) in the amount of $40,000.00 within the Probation Department for payment of medical bills as requested by the Chief Probation Officer.**   Document

26. Approve a Budget Transfer (05-07) in the amount of $8,508.00 within the District Attorney's Budget as requested by the District Attorney.**   Document

27. Approve a Budget Transfer (05-08) in the amount of $13,710.00 within the Clerk-Recorder Budget as requested by the County Clerk.**   Document

LEGISLATIVE AND BUDGET ISSUES:

28. 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: This item was included in Item #29.

29. Open Budget Workshop, receive and accept attached Budget Report and give direction as necessary.**   Document

Action: James Carnegie, Fiscal Manager, and Jay Sarina, County Administrative Officer, gave a presentation on the attached Budget Report.

The following topics were covered:

2011/12 General Fund Discretionary Income Sources, Discretionary vs Non-Discretionary General Fund Revenue, Property Tax Distribution, Property & Tax Trends, General Fund Expenses, PERS Increases, and the Health Insurance Fund

The Board asked that this information be put on the website for the public.

Public Comment was given by Scott Feller and Kevin Hamblin

Supervisor McClure asked that letters be sent to Senator LaMalfa and Assemblymember Chesbro regarding the State Budget.

CAPITAL PROJECTS:

30. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave an update on Florence Keller, Battery Point, Point St. George, and the Didson report.

ADJOURNMENT

Action: The Board adjourned at 12:29 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  May 27, 2011

 

 

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