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 05, 2008

    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.

 

No Public Comment was given on Closed Session items.

 

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), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; Linda Loughridge v. Del Norte County, DN Superior Court, Case No. CVUJ 07-1094; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Susan White v District Attorney, Case No. CVUJ 07-1436; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572  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.

·        This Board of Supervisors meeting is dedicated to some of our partners:  Del Norte Senior Center.

Action: Supervisor McNamer spoke about Senior Center programs.

·        The Pledge of Allegiance to the Flag led by Supervisor McNamer, Del Norte Senior Center Board of Director.

·        Introduction of new employees to the Board of Supervisors.

Action: New Employee Jeremi Ruiz was introduced.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel stated no reportable action was taken in 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.     10:10 A.M.  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 Hemmingsen reported on attending an RCRC meeting, LAFCO meeting, attending a meeting with Zach Larson regarding the Saxton Boat Ramp, and attending a Tri-Agency meeting on behalf of Supervisor Finigan;  Supervisor McClure reported on attending a Solid Waste Management Authority Meeting, acknowledged Road Department progress, commented on Maintenence regarding the Lighthouse, commented on working on Coastal Conservancy Proposals, Job Development Training Projects, and "Surf Cam" surf conditions, attending a meeting with the Del Norte Historical Society, and attending the Marine Mammal Foundation fundraiser;  Supervisor McNamer reported on attending a Safe and Healthy Family meeting, public Area 1 Agency on Aging meeting, Redwood Mural Society meeting, 2 LAFCO meetings, RCRC Annual Installation Dinner, and commented on Adult/Student Transitioning projects;  Supervisor Sullivan reported on meeting with John Hummer regarding Hwy 199, meeting with Will Schuck and Dave Brewer of the CTC, meeting with Senator Aanestad Staff member Paul Diero, attending RCRC Annual Installation Dinner, meeting with Secretary Tilton regarding Town Hall Meeting, meeting with Mike Chrisman of the Department of Resources, attending a Tri-Agency Meeting, conference call with Will Kempton, Cal Trans, attending a 2x2 meeting with RNSP, and attending a DEAL meeting;  Supervisor Finigan reported on a phone conference with Phil Walleen regarding Goose Creek, attending RCRC Annual Installation Dinner,  meeting with Governor, CSAC, and  League of Cities regarding Budget, attending a CASA Board Meeting, attending meetings in Washington DC regarding Rural Schools, and participated in an RCRC Conference Call.

2.     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 heard from Richard Miles, Robert Owen, and Susan White.

CONSENT AGENDA

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

Action: Public Comment was given by Richard Miles and Ken Smith, Agricultural Commissioner. 

The Consent Agenda (Items 3 through 9 and Items 11 through 16) was adopted unanimously. 

Supervisor McClure pulled Item 10 for separate discussion and vote.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

3.     Approve Minutes from the January 22, 2008 meeting.**

Action: Approved

4.     Appoint Jeremi Ruiz to the Office of Clerk of the Del Norte County Board of Supervisors as requested by the County Administrative Officer.**

Action: DNCO Resolution 2008-010

 

5.     Approve and Authorize Dean Wilson, Clinton Schaad, Tim Athey and Bill Steven to be added to the wireless device eligibility list as requested by the Sheriff-Coroner.**

Action: Approved

6.     Approve and Adopt the Resolution Approving Application For Regional Surface Transportation Program Funds for funding to the Del Norte Local Transportation Commission for Regional Surface Transportation Program funds for the overlay of a portion of Ocean View Drive and Authorize the Director of the Community Development Department to sign necessary documents to implement the projects as requested by the Deputy Director of Community Development.**

Action: DNCO Resolution 2008-011

7.     Approve and Adopt Resolution Authorizing the Director of Animal Control to enter into Agreement with Non-Profit Animal Rescue and Adoption Organizations for the Release and Adoption of Animals From the Del Norte County Animal Control Facility as requested by the Director of Animal Control.**

Action: DNCO Resolution 2008-012    DNCO Agreement 2008-032

8.     Approve and Adopt a Memorandum of Understanding between Del Norte County and the Humane Society of Del Norte for Use of Volunteer Labor at the Del Norte County Animal Control Shelter as requested by the Director of Animal Control.**

Action: DNCO Agreement 2008-033

9.     Approve and Authorize the Sheriff to pay our newly hired Deputy Sheriff Recruit at a Step C retroactive to date of hire, December 14, 2007 as requested by the Sheriff-Coroner.**

Action: Approved

10. Approve and Authorize the Chair to sign the contract for Professional Advocacy Services with Marlowe and Company as requested by the Assistant County Administrative Officer.**

Action: DNCO Agreement 2008-034

Supervisor McClure pulled this item for separate discussion and vote.

The Assistant County Administrative Officer gave a brief overview

on the selection process.

 

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

11. Approve and Authorize the Chair to sign the attached Declaration of Intent Not to Contract for Emergency Medical Services Appropriation funds for fiscal year 2007/08 and authorize the State to administer the funds on behalf of the County as requested by the Director of Health and Human Services.**

Action: Approved

 

12. Approve and Authorize the Director of Health and Human Services to sign the Memorandum of Understanding with the Del Norte County Sheriff's Department for criminal history requests as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-035

 

13. Approve and Authorize the Chair to sign the Department of Health and Human Services Agreement with The National Council on Crime and Delinquency for Child Welfare Services access to SafeMeasures® reporting as requested by the Director of Health and Human Services.**

Action: DNCO Agreement 2008-036

14. Approve and Adopt a Resolution Authorizing the Chief Probation Officer to Execute all Necessary Documents Associated with Del Norte County's Youthful Offender Block Grant Application, Establish a Supervising Deputy Probation Officer II at a range 50 and eliminate a Supervising Deputy Probation Officer I, Establish a Staff Services Manager at a range 50 and eliminate a Staff Services Analyst, and Establish Senior Legal Clerk and eliminate a Legal Clerk I/II/III as requested by the Interim Chief Probation Officer.**

Action: DNCO Resolution 2008-013

15. Accept donation on behalf of the Department of Agriculture, Livestock Division, Animal Control Program, and direct the Director of Animal Control to send letter of appreciation.

Action: Approved

16. Approve the County Employees as Election Poll Workers Policy as presented, effective immediately.

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

17. Review and Approve the Treasurer's 2008 Statement of Investment Policy and Adopt the Resolution Granting Investment Authority to the County Treasurer as requested by the Treasurer-Tax Collector.**

Action: DNCO Resolution 2008-007

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

18. Approve Proposal for Advisory Ballot Measure that Asks Whether the City and County Should Continue Exploring the Benefits of Joint Governing.

Action: Public Comment was given by Eli Naffah, City Manager; Kelly Shellong, City Council Member; Richard Enea, City Council Member; Richard Miles, Robert Black.

 

On a Motion by Supervisor McNamer, Seconded by Supervisor McClure, the Board approved by majority to table discussion until City Council and County can meet

BUDGET TRANSFERS:

Action: All Budget Transfers were taken as one item.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

19. Approve a Budget Transfer (02-01) within the Grants Administration Budget in the amount of $10,960.00 for additional funding to Rural Human Services for Harrington House as requested by the County Administrative Officer.**

Action: Approved

20. Approve a Budget Transfer (02-02) within the Assessor's Office Budget in the amount of $2,273.70 for the purchase of a scanner as requested by the County Assessor.**

Action: Approved

21. Approve a Budget Transfer (02-03) within the Indian Gaming Budget in the amount of $244,000.00 to allow for the distribution of funding as requested by the County Administrative Officer.**

Action: Approved

22. Approve a Budget Transfer (02-04) within the Recreation and Capital Projects Budgets in the amount of $70,600.00 to allow for the expenditure of the funding for the projects approved by the Indian Gaming Local Benefit Committee as requested by the Assistant County Administrative Officer.**

Action: Approved

23. Approve a Budget Transfer (02-05) within the Department of Health and Human Services Budget in the amount of $63,400.00 to recognize the Grant Award from the Indian Gaming Special Distribution Fund Grants as requested by the Director of Health and Human Services.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

24. Consider miscellaneous legislative and budget matters pertinent to the County of Del Norte.  Authorize the Chair to sign and appropriate letters and/or positions with respect to matters pending before the state or federal governments.

Action: Supervisor Sullivan commented on  Ordinance 12.16.010 requesting that it be delegated to the Fish and Game Advisory for recommendation of revision and to be brought back to the Board for an agenda item, that Jim Smith, Supervisor for the Marine Life Protection Act, provide the board with an update, and that the Board of Supervisors send a formal letter to the Yurok Tribe requesting a presentation on the Marine Sanctuary to be brought before the Board.  Supervisor Hemmingsen commented on underground power lines and Supervisor Finigan suggested that the issue be given to the Chamber Executive Director to make a Recommendation and Proposal  to present to the Board.

CAPITAL PROJECTS:

25. Written Capital Projects update.  Informational only.**

Action: A written update was given.

ADJOURNMENT

 

 

 

Sherri Adams, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 13, 2008

 

 

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