A G
E N D ABOARD OF SUPERVISORS
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, June 23, 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), David L. Elsebusch v. Del
Norte, DN Superior Court, Case No.
CVCV06-2313;
Action: The Chair called the meeting to order at 8:34 A.M. and the Board
adjourned to Closed Session.
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 the 4-H Citizenship Group.
Action: The Pledge of Allegiance was led by Deborah White.
·
Introduction
of new employees to the Board of Supervisors.
Action: County Counsel Dohn Henion introduced Ian Trueblood as his new
Deputy County Counsel.
·
Report
of any actions from closed session by
Action: County Counsel 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: No deletions, additions, or corrections were requested.
SCHEDULED ITEMS:
1.
10:00
A.M. Introduction of the 4-H Citizenship Group by Deborah White.
Action: Deborah White introduced the 4-H Citizenship Group and they gave
the Board a brief presentation about the group.
Action: Supervisor Sullivan reported on attending the Cal Endowment
presentation at the Cultural Center, meeting with Laura Olsen on the strong
need for adult day health care, attending the Board of Supervisors special
meeting regarding Hurdy Gurdy, attending the funeral service for Jessie Nails,
attending his brother's graduation from the academy, met with Cindy Henderson
regarding the Smith River tsunami preparedness plan, traveling out of town on
business with his son, celebrated Father's Day, commented on the next upcoming
Solid Waste Ad-Hoc and stated that this will be a closed meeting for committee
members only.
Supervisor McNamer reported on attending the special Board of
Supervisors' meeting regarding Hurdy Gurdy, attending a Solid Waste Management
Authority meeting, attending a LAFCO meeting regarding the extension of their
contract with the new Executive Director as well as adopting a Resolution for
their budget, attending a North Coast Air Quality meeting in Eureka where the
final budget was and district activity reports were accepted, commented that
Trinity and Weaverville are monitoring the system this year regarding forest fires,
and mentioned that she will be attending a CMSP meeting the next day.
Supervisor McClure reported on attending the Cal-Endowment meeting
and commented that it looks promising, attending a Solid Waste Management
Authority meeting, commented on her work on
MLPA and the letter that was just approved by the Board, commented that
on July 2, 2009, Ecotrust will have a public meeting at Hampton Inn, met with
Supervisor Hemmingsen and Ernie Perry and publically thank Community
Development in their attempt to go after stimulus money regarding sewer issues,
attending the Physician's Retention Committee meeting regarding getting
legislation to carry language that would allow general practitioners to be employed by hospitals, and met with a
representative from Community Health Alliance.
Supervisor Finigan reported on attending a City, County, Schools
meeting, attending an IGRC meeting, participating in a conference call with
RCRC regarding housing programs, attending a Family Resource Committee meeting
regarding budgets, attending the Graduation ceremony for his youngest son,
attending an Elk Valley Rancheria 2x2 with Supervisor Hemmingsen, traveling to
Sutter County for and RCRC Board meeting, attending a CSAC meeting there as
well regarding the budget and suspension of the Highway User Tax as well as
it's impact on Del Norte County, attending an RCRC meeting regarding bills in
lieu of cuts, attending an WIR meeting July 7th and 8th regarding waters of the
US and commented that the legislature wants to remove the word
"navigable", which would be detrimental to the community, attending
an RCRC meeting, mentioned AB 1409, commented on AB885, commented on
legislation from the State Water Resource Control regarding construction
general permit for storm water, and attending First 5 meeting regarding budget.
Supervisor Hemmingsen reported on attending a number of meetings
regarding Hurdy Gurdy and commented on the proposal that was passed at the
special meeting on June 16, 2009, attending a meeting with Debra Hirst from Coastal
Conservancy, attending a Pelican Bay Advisory meeting regarding layoffs,
attending an Elk Valley Rancheria 2x2 with Supervisor Finigan, attending a
LAFCO meeting, attending a Future Facilities meeting, attending a CDBG meeting
for the Harbor, traveling to Sacramento regarding money for the Harbor and
commented that a proposal was accepted and a $5 million dollar match grant was
given, attending an informal meeting with Pacific Power
Action: Gary Blatnick introduced Mackenzie Pickerill from Friday Night Live.
Action: James Carnegie presented this item.
Chair Hemmingsen opened the Public Hearing. No Public Comment was
given. Chair Hemmingsen then Closed the Public Hearing.
On a motion by Supervisor Finigan and seconded by Supervisor
Sullivan, the Board conducted a Public Hearing to discuss a requested amendment
to Community Development Block Grant contract 07-EDEF-3734 and Approved and
adopted a Resolution entitled A Resolution of the Del Norte County Board of
Supervisors Approving a Request for Amendment to the State Community
Development Block Grant (CDBG) Program Contract 07-EDEF-3734.
Motion:
Move to approve
Move:
David Finigan
Second:
Michael Sullivan
Vote Yea:
5 David
Finigan, Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: James Carnegie presented the item.
Chair Hemmingsen opened the Public Hearing. Public comment was
given by Doug Morgan, the Executive Director of
On a motion by Supervisor McNamer and seconded by Supervisor
McClure, the Board conducted a Public Hearing to discuss submission of the 2009
General Allocation Community Development Block Grant Application, and Approved
and adopted a Resolution of the Del Norte County Board of Supervisors Approving
an Application for Funding from the 2009 General Allocation of the State
Community Development of Housing and Community Development 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:
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: On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board authorized the Fish and Game Commission to send off the
proposed regulations with the Boards approval.
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
5 David
Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
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: Supervisor Finigan pulled Item #24 for seperate discussion.
Supervisor Sullivan pulled Item #17 from the agenda and requested
that it be brought back at a later date.
On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board approved the Consent Agenda (Items 7-16, 18-23, and 25-28).
Motion:
Move to approve
Move:
David Finigan
Second:
Martha McClure
Vote Yea:
5 David
Finigan, Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
7.
Approve
the Minutes from the May 26, 2009 Board of Supervisors meeting.**
Action: Approved
8.
Accept
the resignation of Vicki L. Frazier, County Clerk-Recorder.**
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: This item was pulled to be brought back at a future Board of
Supervisors meeting.
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: This item was pulled for seperate discussion.
Action: Approved
Action: Approved
Action: Approved
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Ernest Perry, Director of Community Development, and Arthur Reeve,
Ernest Perry stated that the Yurok Tribe is preparing the records
search and have indicated that there were no problems so far. They also give their support for the Elk
Valley Rancheria to monitor.
The Chair opened the discusssion for Public Comment. No Public Comment was given.
The Board included in their action to have the additional
documents that were provided and read by the Board included in the staff packet
of materials. The Board also
acknowledged that they were familiar with the physical location of the areas
being discussed.
On a motion by Supervisor Finigan and seconded by Supervisor
McNamer, the Board took action to adopt a Resolution, authorized the Chair
and/or another Board Member to send letters in support, adopted a form required
by the California State Water Resources Board relative to the previously
submitted grant application on behalf of the CSA for funding to conduct repairs
to the sewage collection system, and directed the Clerk of the Board to file a
Notice of Determination for the County Services Area No. 1 Sewer Rehabilitation
Project - Phase II.
Motion:
Move to approve
Move:
David Finigan
Second:
Leslie McNamer
Vote Yea:
5 David
Finigan, Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
0 None
Vote Abstain: 0 None
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
Finigan, the Board approved and authorized the Chair to sign the attached
letter regarding the pending decertification of the Klamath Glen Levee to Sally
Ziolkowski, Director Mitigation Division at the FEMA office of the Department
of Homeland Security and directed the Clerk of the Board to send the letter
with proof of delivery
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
Action: On a motion by Supervisor Finigan and seconded by Supervisor
McNamer, the Board considered and approved the proposed BCRAA budgets for CEC
and Special Aviation for 2009/10.
LAND USE:
Action: Art Reeve presented this item.
On a motion by Supervisor McNamer and seconded by Supervisor
Sullivan, the Board approved the revised striping and ADA improvement plans for
Washington Boulevard from Northcrest Drive to Leif Circle, and authorized the
Chairman of the Board to sign them.
Motion:
Move to approve
Move:
Leslie McNamer
Second:
Michael Sullivan
Vote Yea:
5 Leslie
McNamer, Michael Sullivan, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
McNamer, the Board approved the Plans, Specifications, and Contract Documents
for the following four American Recovery & Reinvestment Act (ARRA)
projects: El Dorado Street ADA Improvements,
Project no. ESPL 5901(035), Rehabilitation of El Dorado Street from Hamilton
Avenue to End at High School Property, Project No. ESPL 5901(039),
Rehabilitation of Ocean View Drive from Mouth of Smith River Road to 1,100 feet South of Spyglass Road, Project No. ESPL
2901(034) and Rehabilitation of Pebble Beach Drive from Hemlock Avenue to
Washington Boulevard, Project No. ESPL 5901(036). In addition, authorized the Chairman of the
Board to sign the Plans, Specifications and Contract Documents and authorize
staff to advertise for bids
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
BUDGET TRANSFERS:
Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.
On a motion by Supervisor Sullivan and seconded by Supervisor
McNamer, the Board approved items #34-37.
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
Action: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Jeannine Galatioto presented a letter with respect to the Highway
Trust fund and asked that the Board authorize the Chair to sign a letter urging
the Senate to take immediate action to address this problem. The Board chose to
amend the letter to include the following:
On a motion by Supervisor Finigan and seconded by Supervisor
McClure, the Board took action to amend the letter and authorized the Chair to
sign it.
Motion: Move to Approve
Move: David Finigan
Second: Martha McClure
Vote Ayes: 5 Leslie McNamer, Michael
Sullivan, Martha McClure, David Finigan, Gerry Hemmingsen
On a motion by Supervisor Sullivan and seconded by Supervisor
Finigan, the Board directed staff to draft a letter in opposition to our HUDA
tax being taken and authorized the Chair to sign it.
Motion: Move to
approve
Move: Michael Sullivan
Second: David Finigan
Vote Yea: 5 Michael Sullivan, David Finigan, Leslie
McNamer, Martha McClure, Gerry Hemmingsen
Supervisor McClure asked that we look at AB648 and SB726.
Action: Jeannine Galatioto presented this item. No Public Comment was
given.
The Board expressed their thanks to the departments who achieved
the 10% reduction in their budget and stressed to all that this is a
necessity.
Dean Wilson, Sheriff-Coroner, spoke regarding his department and
the changes that are being implemented due to the budget crisis.
On a motion by Supervisor Sullivan and seconded by Supervisor
Finigan, the Board eliminated, un-funded and established positions as listed in
Attachment A.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
David Finigan
Vote Yea:
2 Michael
Sullivan, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
CAPITAL PROJECTS:
40. A
Written Capital Projects Update. Information Only.**
Action: A Written Capital Projects Update was given. Information Only.
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us