A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, February 17, 2009 |
8:30 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.
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;
John Gimbel v. County of Del Norte, US District Court, Northern California
Division., Case No. C070113; Joseph Rimac v. Del Norte County, US District
Court, Northern California Division, SC
C 07-0298; 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;
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 8:31 A.M.
·
This
Board of Supervisors meeting is dedicated to some of our partners:
·
The
Pledge of Allegiance to the Flag led by Supervisor McNamer.
Action: Supervisor McNamer 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
Action: On behalf of County Counsel, Deputy County Counsel John Seyman
stated that there were 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: There were no deletions, additions, or corrections requested.
SCHEDULED ITEMS:
Action: Supervisor Finigan reported on attending an RCRC meeting in
Sacramento for the installation of officers and also to meet and greet with key
legislators, commented on awards
presented to Senator Cox for his efforts on SB1xxx which saved the county tens
of thousands of dollars; attending an Airport JPA agenda review, attending a
Tri-Agency meeting in which elections were held, attending a CASA retreat and
workshop in which their goals and budget were worked on, attending an FRC Board
meeting, attending an Airport JPA meeting with a presentation regarding
management, financing and building techniques; attending a meeting of First 5 Del
Norte regarding funding, commented on a letter from Senator Aanestad, attending
an awards ceremony at Mary Peacock in which his daughter won the Citizenship of
the Month Award, traveling to Santa Rosa to testify on behalf of Del Norte
County, RCRC, and CSAC regarding regulations and standards for SB 885;
attending a Realtor Board reception, attending a meeting in Klamath regarding a
tribal teen court that is trying to be started through the Boys and Girls Club.
Supervisor McClure reported on the possibility of the formation of
the teen court for the Yurok Tribe and stated that it will be patterned after
the Humboldt County and Placer County models, attending a Meth Forum in Smith
River with a group of providers and stated that Randy Bancroft and Dan Cumbra
from Social Services need to be recognized on their efforts; asked that Leon
Perrault and Ernest Perry be formally recognized on their above and beyond
efforts regarding SB 885, attending a Solid Waste meeting in which Dennis Burns
is now the Chair, and meeting with Bill Renfroe.
Supervisor McNamer reported on attending a four hour training at
the Memorial Hall regarding disaster training, meeting with Kevin Hendrick,
attending her first Solid Waste Management Authority meeting, participated in a
Senior Center agenda review in which there was a change to the meeting dates to
the third Wednesday of the month, attending an IGRC meeting, attended a meeting
with Supervisor Hemmingsen at Social Services regarding foster care, attending
the FRC for a presentation on C.A.S.E. and thanked Jeannine Galatioto for her
efforts in the campaign, attending her granddaughter's basketball games,
attending an Auto/Info meeting which included a GIS update, and thanked the
Assessor's office for their involvement.
Supervisor Sullivan reported on briefly attending the Senior
Officials Disaster Preparedness workshop, attending a School Board meeting
regarding Measure A which included a presentation by Angelina Bieber that
focused on Measure A as well as ways to insure that there is local employment
in the process, attending the Regional Water Quality meeting on SB 885 with
Supervisor McClure, Supervisor Hemmingsen, Leon Perrault, Health Department,
and Ernie Perry, Community Development, and stated the attendance to be about
150 to 180 people, commented that the feedback from participants was that of
extreme anger at the piece of legislation, attending a meeting with Grant
Wershkull regarding Hurdy Gurdy, attending a fire prevention meeting regarding
the National Recreation Area with Cal-Fire regarding the prepping of the Big
Flat area, attending Joyce Kimball's funeral, attending the Chamber dinner,
attending a special Tri-Agency meeting with Supervisor Finigan, and attending
an awards ceremony at Mary Peacock where his son received the award for Star
Mathematician for February.
Supervisor Hemmingsen reported on attending the Senior Officials
workshop for emergency preparedness, attending a meeting with Supervisor
McNamer at Social Services on foster care, attending a Harbor, City, and County
staff meeting regarding the needs of the Harbor for improvements that include dredging, inner boat basin
repair, and wastewater treatments; attending a Crescent City port search and
rescue meeting with the Coast Guard, City, Sheriff's Department, City police,
Coast Guard auxiliary, and Cindy Hendersen regarding emergency oil spills and
tsunamis; attending a Border Coast Regional airport meeting with discussion on
new flights, attending a meeting of
Klamath Management Zone Fisheries Coalition, in which he was elected to be a
member of the Board of Directors, regarding representation for the Pacific
Fisheries Management Council meeting and the discussion of marine protected
areas, attending the preliminary meeting for community benefits agreement and
project labor agreements that were proposed to the School Board, attending
agenda review, attending a meeting with Chris Howard from Elk Valley Rancheria
regarding roads, attending a Pelican Bay Citizen's Advisory meeting and
commented that they were mandated to take 10% in cuts in their labor force,
attended a mixer at Sutter Coast, attending a Local Transportation Commission
meeting regarding Last Chance grade and Caltrans' ideas to stay within the
alignment of the road, attending a School Board meeting where the CBA and PLA
amendments were rejected, and commented on the SB 885 meeting where he felt
that Del Norte County was very well represented.
Action: Public Comment was heard from Richard Miles and Donna Thompson.
3.
10:30
A.M. Accept a Proclamation recognizing Engineer's Week February 15th through
21st, 2009.
Action: Art Reeve,
On a motion by Supervisor McClure and seconded by Supervisor
Finigan, the Board accepted the Proclamation recognizing Engineer's Week
February 15th through 21st, 2009.
Motion:
Move to approve
Move:
Martha McClure
Second:
David Finigan
Vote Yea:
5 Martha
McClure, David Finigan, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Chair Hemmingsen recused himself from the Hearing due to a
conflict of interest.
Supevisor McNamer asked
The Board then moved to the issue of the Encroachment permit.
Heidi Kunstal, Senior Planner, gave a brief overview of the item
and stated that the recommendation of the Planning Commission was to not to
issue the encroachment permit and have the fence removed from the
William McDougall was sworn in by the Clerk and gave testimony
regarding the item and asked that the encroachment permit be awarded.
Richard Smith of the Harland Law Firm gave a presentation on the
arguments of the issue of the encroachment permit.
On a motion by Supervisor Finigan and seconded by Supervisor
McNamer the Board denied the application of the encroachment permit.
.
Motion:
Move to approve
Move:
David Finigan
Second:
Leslie McNamer
Vote Yea:
4 David
Finigan, Leslie McNamer, Martha McClure, Michael Sullivan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Code Enforcement Officer Dave Mason was sworn in by the Clerk and
presented testimony on the item. Vicki
Frazier fielded questions from the Board pertaining to the additional fee of
releasing the lien and whether it should be included in the proposed lien
amount.
On motion by Supervisor McNamer and seconded by Supervisor Finigan
the Board reviewed the attached cost report for the abatement of a public
nuisance at 202 Pike Street, Crescent City CA. and adopted a resolution
confirming the accounting and authorizing the enforcement officer to file a
lien against the property for the recovery of the abatement costs for the
proposed lien amount of $7,752.95.
Motion:
Move to approve
Move:
Leslie McNamer, David Finigan
Second:
None
Vote Yea:
5 Leslie
McNamer, David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Due to corrections needed in the areas of the County Election Fees
and Parks Fees, the Ordinance was moved to the next meeting where it will be
presented again as a First Reading.
Public comment was heard from Richard Miles with reference to
adding a a fee rate for the skateboard park.
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Supervisor Sullivan abstained from Items 21 and 23 for conflict of
interest.
On a motion by Supervisor McNamer and seconded by Supervisor McClure,
the Board approved the Consent Agenda (Items 7-24) unanimously.
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
7.
Approve
the Minutes from the Joint City/County meeting for January 26, 2009.**
Action: Approved
Action: Approved DNCO Agreement
2009-013
Action: Approved
Action: Approved DNCO AGR 2009-014
Action: Approved DNCO Agreement 2009-015
Action: Approved
Action: Approved DNCO Resolution 2009-003
Action: Approved DNCO Agreement 2009-017
Action: Approved DNCO Resolution 2009-004
Action: Approved DNCO Agreement 2009-019
Action: Approved DNCO Agreement 2009-021
Action: Approved DNCO Agreement 2009-020
Action: Approved DNCO Agreement 2009-022
Action: Supervisor Sulllivan recused himself from this item for a conflict
of interest.
On a motion by Supervisor McNamer and seconded by Supervisor
McClure, the Board approved and authorized the Chair to sign a Memorandum of
Understanding with Elk Valley Rancheria for Public Routes within and leading to
the Elk Valley Rancheria.
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Martha McClure
Vote Yea:
4 Leslie
McNamer, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved
Action: Supervisor Sullivan recused himself from this item for a conflict
of interest.
On a motion by Supervisor McNamer and seconded by Supervisor
McClure, the Board approved the Amendment to contract #2008-089 for Parker
Construction regarding Recreation Gymnasium Construction. DNCO Agreement
2009-024
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Martha McClure
Vote Yea:
4 Leslie
McNamer, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Approved DNCO Agreement 2009-023
REGULAR ITEMS
BUDGET TRANSFERS:
Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: No legislative issues were discussed in this item.
Action: Jeannine Galatioto presented this item and requested pemission to
fill out the necessary requests. She
commented that the stimulus package is awaiting completion due to the
state. She also stated that she met with
Liz Murgia regarding appropriation for wastewater and dredging and will later
meet with Congressman Thompson on Friday with Supervisor Hemmingsen and the
City.
No public comment was heard.
Action: Supervisor Finigan stated that he knows that the budget will hurt
everyone and stated that as of yet, the budget has not been voted on. He also commented that the
Jeannine Galatioto stated she has sent out a directive to list all
state revenues in order to outline which ones are traditionally late that we
front the state, how long the delay will be, and how this will impact us. She stated that there may be another meeting
regarding the emergency fiscal issue but that we can predict that we will be
worse off than we are this year.
Revenues are declining. Jeannine commented on her concern for certain
grant programs and will have recommendations on those items. She and Supervisor McNamer will be meeting
with non-profit organizations to try and partner and pool resources. Supervisor Sullivan stated that this would be
a good chance to take a look at state-mandated programs that do not provide
funding from the state.
Supervisor McClure posed the question of whether there should be a
budget meeting held on February 24th and Jeannine stated that the first week in
March would be a more ideal date.
Public Comment was heard from Jamie Yarborough.
Action: Public Comment was heard from John Phillips regarding his concerns
about where the money is going and why so many members exist on the Board. Donna Thompson commented regarding the Ad-Hoc
committee and asked where the transparency was when it was decided to be
formed. Public comment was also heard
from Richard Miles and Eileen Cooper.
Supervisor Finigan stated that the Ad-Hoc committee is at the
discretion of the Chair. Supervisor
McNamer stated that she would not be in favor of a dissolution of Solid Waste
unless there was an alternate plan. Supervisor McClure commented that she did
not have an objection to the formation of the Ad-Hoc committee but was
concerned that it had not been agendized.
Supervisor Sullivan stated that the committee was formed to provide
clarification and that some of the members of the committee included a City
Council member, member of city staff, a member of Community Development, the
Auditor, a member of Administration, and
CAPITAL PROJECTS:
34. A
Written Capital Project Update is given. Informational Only.
Action: Jay Sarina spoke about projects in different stages and commented
on the Board's approval of the entryway improvements and that they were just
waiting for the state in order for inspection.
He also commented that other areas of improvement were ADA access to the
bathrooms and viewing areas for those who were in wheelchairs. Some other projects were pending due to the
wait for release of funds from the state budget.
ADJOURNMENT
Action: The meeting adjourned to Closed Session at 11:57 A. M.
The meeting adjourned at 12:23 P.M.
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us