A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
981 H STREET,
ROOM 100
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, September 09, 2008 |
10:00 AM |
|
The Board
of Supervisors of the 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
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
County Recreation
Action: John Horner gave a presentation regarding Del Norte County
Recreation.
·
The
Pledge of Allegiance to the Flag led by John Horner
·
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 on a motion made by Supervisor Hemmingsen
and seconded by Supervisor Sullivan to pursue all legal remedies and institute
such legal action as may be appropriate to collect past due assessments owned
by the State government from assessments by the Pacific Shores Facilities
District.
·
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 deletion, additions, or corrections were requested.
SCHEDULED ITEMS:
Action: Eric Wier gave a in-depth presentation regarding the progression
of the reconstruction of the Fred Endert Pool.
Action: Supervisor Hemmingsen reported on constituent complaints about the
water on Elk Valley and in regards to the National Parks well, meeting with Jim
Grossman, attending a Solid Waste Management meeting, attending Weed high
school for the induction of his wife's father into the school's Hall of Fame,
attending a Airport JPA meeting, meeting with Al Muelhofer of the Sierra Club
regarding the organization.
Supervisor McClure reported on attending a Solid Waste Management
meeting regarding an ordinance that will address the requirement for hauling
and dumping and penalties regarding the dumping ordinance, moving into new
classroom and the topic of school starting, attending a Labor Day Picnic at
Front Street, and attending a dinner meeting for the Stewards of the Dunes.
Supervisor McNamer reported on meeting with Jim Grossman,
attending a Senior Center Board meeting regarding the new truck for Meals and
Wheels and the recent fuel leak and commented that the average number of meals
in July was 88 people, attending a 2x2 with Supervisor and the Smith River
Rancheria regarding the roads in their system that they want and also discussed
Point St. George and the Stryker property, attending the VFW picnic, attending
an Area 1 Agency meeting regarding their purpose and outreach and the needs of
senior citizens, site visits, public hearing legislative action, and needs
assessment; and attending the FRC to observe the area regarding the lease
agreement and the need for a second look
Supervisor Sullivan reported on the first week of school for his
son, commented on complaints regarding houses and blight on Relim road,
attending a Tri-Agency meeting, participated in a conference call with
Supervisor Finigan and Cal-Trans regarding a transportation issue, meeting with
Jim Grossman regarding the costs of going out of town instead of spending
locally, attending a 2x2 with Supervisor McNamer and Smith River Rancheria,
commented on a constituent call regarding the county jail and another regarding
Oceanview Drive, meeting with Ed Fulton at Clifford Camp regarding access to
the beach, met with Leon at the Health Department, meeting with Al Muelhoefer
regarding the Sierra Club, attending a Deal meeting in Eureka regarding
197/199, funding proposal for $4 million dollars for broadband to connect
Humboldt County with Del Norte, discussion about the detour through Richardson
Grove and construction to be completed in 2010, commented on the cattle
exemption for commercial trucks, commented on the grade raise in Klamath in
2010, Wilson Creek reconstruction in 2009, the Last Chance grade project for
this spring, Dr. Fine Bridge 2012 reconstruction, 10 new turnouts on 199,
Hardscrabble Bridge completion by October 15, cable-mesh program on 11 miles of
199, scoping meeting on September 16 regarding 199/197 projects, Newton Drury
Park being shut down and the need for it to be open during inclement weather,
Eureka/Arcata's possibility of U-turns in the Safety Corrider, Confusion Hill
completion in 2009, attending a Proactive Financial Management meeting,
attending a community reception for the new president of College of the
Redwoods
Supervisor Finigan reported on attending a Safe and Healthy Goal
meeting regarding gang task force, aging out foster care, food security, and
CASE; participating in a tele-conference
with Cal-Trans and Supervisor Sullivan regarding FSTID money and the award of a
$435,000 grant that they were not aware of, attending a Tri-agency meeting
where Jim Grossman was introduced, attending a JPA Airport meeting, and Airport
agenda review, attending the Klamath Fishing derby, participating in another
agenda review, traveling to Sacramento to testify at a Environment and Public
Works briefing that was chaired by Barbara Boxer regarding transportation and
Safety Loo and consisted on two panels with 8 people, and commented that
Senator Boxer has agreed that there will be a guarantee that there will be
funding set aside for rural roads, attending an FRC First 5 Commission meeting
regarding preparation for a visit from Cowell foundation, participating in an
RCRC conference call, attending the reception at College of the Redwoods, and
commented on the County willing the CSAC Merit Award for the entry of
"Saving the Wonderbus".
Action: On a motion by Supervisor Sullivan, seconded by Supervisor
McNamer, and carried unanimously, the Board approved both Proclamations. Supervisor Finigan read the Proclamation for
the Medicine Shoppe and presented it to Tom Nichols and Ston Yackamouih. Supervisor McClure read the Proclamation for
the Farmers Market and presented it to Rural Human Services.
Action: Public Comment was heard from Roy Bieber.
Action: Supervisor Sullivan and Chair Finigan both recused themselves from
the item for conflict of interest.
Art Reeve gave a brief presentation on the project.
Vice-Chair McNamer opened the Public Hearing. Comments were heard from Terry Vance, Jr, the
appellant, as well as the appraiser Dylan Ridgley. Supervisor McNamer closed
the Public Hearing and brought it back to the Board.
After much discussion, Supervisor McClure moved that the Board
approve the request to abandon a portion of the LeClair Avenue right-of-way,
located between the Grant Street right-of-way and the Darby Avenue
right-of-way, adjacent to Assessor Parcel Number 115-290-77 with the conditions
listed below and charge the landowner half of the Community Development's
estimated value and that the attached
Resolution should not be recorded until the fees have been paid. Supervisor Hemmingsen seconded the motion and
the Board approved the request.
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Items 8, 14, and 16 were pulled for separate discussion.
Supervisor Sullivan recused himself from Item #9 for conflict of
interest.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Martha McClure
Vote Yea:
5 Michael
Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
6.
Approve
the minutes from the August 26th Board of Supervisor meeting.**
Action: Approved
Action: Approved DNCO Resolution 2008-058; DNCO Agreement 2008-209
Action: This Item was pulled for separate discussion. On a motion by Supervisor
McClure and seconded by Supervisor McNamer, the Board approved and authorized
the Chair to sign the Agreement with First 5 Del Norte Family Resource Center
from July 1, 2008 through June 30, 2009, not to exceed $2,177 per month.
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
5 Martha
McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Supervisor Sullivan recused himself from this item.
Approved
Action: Approved
Action: Approved DNCO Agreement 2008-211
Action: Approved DNCO Agreement 2008-212
Action: Approved DNCO Agreement 2008-213
Action: This item was pulled for separate discussion. On a motion by Supervisor McClure and
seconded by Supervisor McNamer, the Board approved and authorized the Chair to
sign the Agreement with Rural Human Services, Inc. (RHS) for office space at
the Del Norte Workforce Center (DNWC) from July 1, 2008 through June 30, 2009,
not to exceed $71,760Approved DNCO Agreement 2008-214
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
4 Martha
McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
1 Michael
Sullivan
Vote Abstain: 0 None
Action: Approved DNCO Agreement 2008-215
Action: Jim Bernard gave an overview of why this ordinance needs to be
cancelled.
On a motion by Supervisor Sullivan and seconded by Supervisor
McNamer, the Board gave direction to County Staff to cancel or suspend County
Ordinance #11.36, in regard to the Airport Advisory Commission.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Leslie McNamer
Vote Yea:
5 Leslie
McNamer, Gerry Hemmingsen, Michael Sullivan, David Finigan, Martha McClure
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Chair Finigan asked that the appropriate attachments be sent with
the letter. Supervisor Hemmingsen stressed the need for this action. On a motion by Supervisor Sullivan and
seconded by Supervisor McNamer, the Board approved and authorized the Chair to
sign the attached letter regarding land acquisition and "No Net
Loss".
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Leslie McNamer
Vote Yea:
4 Michael
Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan
Vote Nay:
1 Martha
McClure
Vote Abstain: 0 None
Action: The Board adjourned as the Board of Supervisors and reconvened as
the In-Home Supportive Services Public Authority. On a motion by Supervisor McNamer and
seconded by Supervisor McClure, the Board approved and accepted the resignation
of a total of four members of the IHSS Advisory Committee and allowed for
recruitment to fill all vacancies.
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Martha McClure
Vote Yea:
5 Leslie
McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: After discussion, Chair Finigan suggested that a committee be
formed including Supervisor Sullivan, Supervisor McClure, and all relevant
persons or agencies to discuss the Local Vendor Preference Policy and bring it
back to the Board.
LAND USE:
Action: Art Reeve gave a brief description of the bidding process and why
this action is needed. On a motion by
Supervisor McNamer and seconded by Supervisor Sullivan, the Board rejected all
bids and authorized the County Engineer to re-advertise the project for the
Cliff Stabilization Project on Pebble Beach Drive (Project No. ER 3800-001).
Motion:
Move to approve
Move:
Leslie McNamer
Second:
None
Vote Yea:
5 Leslie
McNamer, Michael Sullivan, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
Action: The following letters were introduced: Support of Highway 199/197
projects, Request for Veto regarding Assembly Bill 2447, and regarding Pacific
Shores and the Certificate of Completion.
On a motion by Supervisor Sullivan and seconded by Supervisor McNamer,
the Board authorized the Chair to sign and send the letters.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Leslie McNamer
Vote Yea:
5 Leslie
McNamer, Martha McClure, Gerry Hemmingsen, David Finigan, Michael Sullivan
Vote Nay:
0 None
Vote Abstain: 0 None
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
CAPITAL PROJECTS:
24. Written
Capital Projects Update. Information
Only.**
Action: A Written Capital Projects Update was given. Information only.
ADJOURNMENT
Action: Adjourn and Reconvene at the Veteran's Hall at 810 H St. Crescent
City, CA 95531 to examine the progress made on the new flooring. No action, informational only.
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us