ACTION SUMMARY

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

 

CRESCENT CITY, CA  95531

 

 

REGULAR MEETING

Tuesday, January 12, 2010

    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.

 

 

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; and Coyle v. James Marmon, et al., DN Superior Court Case No. CVPM07-1572; Jones & Jones v. County of Del Norte, et. seq. US District Court, Northern District # cv 08 3222BZ; Wigley v. Del Norte CVPI 06-1401; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; 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 and the Clerk took silent roll noting that all were present.

·        The Pledge of Allegiance to the Flag led by Assistant County Administrative Officer Jay Sarina.

Action: Jay Sarina led the Pledge of Allegiance.

·         Election of Chair and Vice-Chair of the Board of Supervisors.

NOMINATION OF CHAIR

Supervisor McClure nominated Supervisor McNamer for Chair.

Motion:  Move to approve

Move:    Martha McClure

Second: None

 

Vote Yea:              2           Martha McClure, Leslie McNamer

Vote Nay:              3            Gerry Hemmingsen, David Finigan, Michael Sullivan

 

Supervisor Sullivan nominated Supervisor Hemmingsen for Chair.

 

Motion:  Move to approve

Move:    Michael Sullivan

Second: David Finigan

 

Vote Yea:               3            David Finigan, Michael Sullivan, Gerry Hemmingsen

Vote Nay:                2            Martha McClure, Leslie McNamer

 

NOMINATION OF VICE-CHAIR

 

Supervisor McClure nominated Supervisor McNamer for Vice-Chair.

 

Motion:  Move to approve

Move:    Martha McClure

Second: None

 

      Vote Yea:                2           Martha McClure, Leslie McNamer

     Vote Nay:                3           Michael Sullivan, David Finigan, Gerry Hemmingsen

 

   

      Supervisor Finigan nominated Supervisor Sullivan for Vice-Chair.

   

       Motion:  Move to approve

       Move:    David Finigan

       Second:  None

 

       Vote Yea:                3            David Finigan, Gerry Hemmingsen, Michael Sullivan

        Vote Nay:                2            Martha McClure, Leslie NcNamer

·        Introduction of new employees to the Board of Supervisors.

Action: Gary Blatnick, Director of Health and Human Services introduced Brian McNally, the new Senior Environmental Health Specialist.

 

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

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, corrections, or addition were requested.

 

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 Tri-Agency Economic Development Authority meeting, participating in conversations with Wayne Bolman of Bolman Industries regarding Pelican Bay Prison, participated in a conversation with Mark Reeder from Senator Aanestad’s staff on the issue of local businesses competing for contracts with Pelican Bay, attending the Republican Women’s Luncheon and meeting with Rick Keene, commented on the Coastal Commission’s letter regarding Tolowa Dunes, attending an RCTA meeting, attending a lunch with Kevin Hamblin the new Community Development Department Director, attending basketball signups with his son, commended John Horner, the Recreation Coordinator on the work that he’s done, and commented on an upcoming meeting in Gasquet to talk about the proposed fencing project for the airport.

 

Supervisor McNamer reported on meeting with a few constituents on issues in her district, attending the Board of Supervisors meeting on the 29th, and commented on missing some meetings due to walking pneumonia.

 

Supervisor McClure reported on being out due to a dislocated shoulder, attending a Redwood Coast Transit meeting and expressed hope that they can find a local contractor for the advertising, and commented on the Prison Industry Authority and the Board’s role in helping Wayne Bolman in that area.

 

Supervisor Finigan reported on attending a Tri-Agency meeting regarding a 3 year plan, attending a CASA meeting regarding the financial situation of CASA. They didn’t receive a CDBG grant and are now in dire straits and he asked that anyone who would like to donate to please call CASA He also commented on attending a meeting with former members of First 5, meeting with Rick Keene, attending the Republican Women’s Lunch, attending an Airport JPA meeting and commented that Curry County has joined the JPA on a unanimous vote, participating in a conference call with Senator Feinstein’s office regarding further acquisitions within the NRA with discussion on what needs to happen and what has happened, participating in a conference call with the National Forest Counties Schools Coalition, participated in some calls to Sacramento regarding the budget, commented that there should be parking spaces for pregnant women and new parents and would like it to be put on the City/County as well as looking into making buildings in Del Norte County more family friendly.

 

Supervisor Hemmingsen reported on the MLPA meetings for the local work group, participating in a telephone interview for the Regional Stakeholders Group in which the decision will be made on the 25th, commented on the Hurdy-Gurdy Creek acquisition, meeting with the property owner and Grant Wershkull and said that negotiations are continuing, participating in agenda review, meeting with Rick Keene, and attending a Border Coast Regional Airport meeting.

 

2.     10:25 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 Al Muelhofer on improvements in the Klamath Fire Department.

3.     10:30 A.M. Receive a quarterly update from Tamera Buchanan, Executive Director of the Visitor's Bureau.   

Action: Tamera Leighton gave a quarterly update.

4.     10:45 A.M. Hold a Public Hearing to consider an Uncodified Ordinance Amending the Master Fee Ordinance (2009-002).   Document

Action: This hearing was continued to the Board of Supervisors meeting on the 26th of January.

5.     11:00 A.M. Participate in a workshop from the Yurok Tribe regarding the proposed removal of dams and basin restoration on the Klamath River and take action as necessary.**   Document

Action: Troy Fletcher gave a presentation on the agreements for the removal of dams and basin restoration to the Board and fielded questions.

Public Comment was given by Felice Pace, Eileen Cooper, Mark Warner, and Annette Drager

CONSENT AGENDA

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

Action: Supervisor Sullivan recused himself from Items 8 and 14 due to conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda, Items 6 through 18.

 

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

6.     Approve the Minutes from the December 22, 2009 Board of Supervisors Meeting.**   Document

Action: Approved

7.     Approve the Minutes from the December 29, 2009 Board of Supervisors Special Session Meeting.**   Document

Action: Approved

8.     Approve and authorize the Chair to sign an agreement with Elk Valley Rancheria regarding Humboldt and Sandmine Roads.   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-001)

9.     Approve and adopt a Resolution of the Del Norte County Supervisors Observing Soroptimist International of Crescent City Stop Trafficking Awareness Campaign in the Month of January 2010.**   Document

Action: Approved (DNCO Resolution 2010-002)

10. Approve and adopt a Resolution of the Del Norte County Board of Supervisors in support for Get Connected and a Call to Action.**   Document

Action: Approved (DNCO Resolution 2010-001)

11. Approve and adopt a RESOLUTION ADOPTING AN IDENTITY THEFT POLICY effective immediately in order to detect, prevent, and mitigate identity theft as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2010-003)

12. Approve and adopt the attached Resolution adding various roads to the County Maintained Roads List as requested by the Deputy Director.**   Document

Action: Approved (DNCO Resolution 2010-004)

13. Approve the loan refinance agreement with First 5  Del Norte and authorize the Chair of the Board of Supervisors to sign said agreement for the purpose of providing a one year extension to the existing agreement and adding the provision of encumbering one year's principal and interest payment as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-002)

14. Approve and authorize the Chair to sign the First Amendment to the Agreement for Emergency Transportation Services (DNC 2007-048) with Del Norte Ambulance, Inc. for the period of July 1, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-003)

15. Approve and authorize the expenditure of budgeted funds providing required Independent Living Program (ILP) and Emancipated Youth Services (EYS) services as requested by the Director of Health and Human Services.**   Document

Action: Approved

16. Approve and authorize the Chair to sign the In-Home Supporting Services (IHSS) Anti-Fraud Program Plan pursuant to the State Budget Act of 2009 as requested by the Director of Health and Human Services.**   Document

Action: Approved

17. Approve the attached Certification Statement Regarding the Composition of Local Planning Council of Child Care & Development (LPC) Membership. An authorized representative must sign and date the document in the space provided upon approval as requested by the Director of the Local Planning Council of Child Care & Development.**   Document

Action: Approved

18. Approve an Agreement between the Humboldt Bay Harbor, Recreation and Conservation District; County of Humboldt; County of Del Norte; County of Mendocino; City of Eureka; City of Arcata; City of Trinidad; City of Crescent City; City of Fort Bragg; Yurok Tribe; Wiyot Tribe, Table Bluff Rancheria; Trinidad Rancheria; Smith River Rancheria (Tolowa Dee-ni'); Elk Valley Rancheria; Shelter Cove Resort Improvement District No. 1; Crescent City Harbor District and Noyo Harbor District regarding the North Coast Local Agency Coastal Coordination Committee.   Document

Action: Approved (DNCO Agreement 2010-004)

19. Approve and authorize the Chair to sign the application for California Emergency Management Agency Substance Abuse Offender Treatment Program for FY 09/10, and delegate Gary Blatnick, Director, Department of Health and Human Services or his designee to sign the necessary application, contracts, agreements, amendments and payment request forms as requested by the Director of Health and Human Services.**   Document

Action: Approved

REGULAR ITEMS

LAND USE:

20. Approve the breaching of Lake Earl at the level of 8 feet mean sea level (msl) or greater and/or at 5 feet msl on February 15th as part of the Army Corps Permit Number 27850N, Coastal Development Permit (CDP) No. 1-00-057, California Fish and Game 1601 Permit, and Regional Water Quality Certification as requested by the County Engineer.**   Document

Action: Public Comment was heard from Richard Miles.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the breaching of Lake Earl at the level of 8 feet mean sea level (msl) or greater and/or at 5 feet msl on February 15th as part of the Army Corps Permit Number 27850N, Coastal Development Permit (CDP) No. 1-00-057, California Fish and Game 1601 Permit, and Regional Water Quality Certification.

Motion:  Move to Approve

Move:    David Finigan

Second: Leslie McNamer

 

Vote Yea:            5                  David Finigan, Martha McClure, Michael

                                        Sullivan, Leslie McNamer, Gerry Hemmingsen

 

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved Budget Transfers (01-01 and 01-02).

 

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

21. Approve a Budget Transfer (01-01) in the amount of 3,801.00 within the Auditor Department as requested by the Auditor-Controller.**   Document

22. Approve a Budget Transfer (01-02) in the amount of $80,000.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**   Document

LEGISLATIVE AND BUDGET ISSUES:

23. 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.   

CAPITAL PROJECTS:

24. A Written Capital Projects Update. Information Only.**   Document

Action: Jay Sarina, Assistant County Administrative Officer, gave an update. Information only.

ADJOURNMENT

Action: Adjourn and reconvene at 1:00 P.M. for the remainder of the workshop with the Yurok Tribe.

The Board adjourned at 3:30 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 16, 2014

 

 

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