A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
|
REGULAR
MEETING |
Tuesday, April 27, 2010 |
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.
Action: Public Comment was given by Grant Werschkull regarding Hurdygurdy.
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.
Action: Public Comment was given by Grant Werschkull regarding Hurdygurdy.
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 10:00 A.M. and the Clerk
took silent roll noting that all were present.
·
The
Pledge of Allegiance to the Flag led by Supervisor Hemmingsen.
Action: Supervisor Hemmingsen led the Pledge of Allegiance.
·
Introduction
of new employees to the Board of Supervisors.
Action: Neal Lopez, former Assistant County Auditor, was introduced as the
new Assistant County Administrative Officer.
·
Report
of any actions from closed session by
Action: County Counsel stated that a motion was made by Supervisor
Finigan, seconded by Supervisor Sullivan, and unanimously passed to add to the
closed session agenda a matter that came to the attention of the county after
the posting of the agenda and that there is an immediate need for action. The
matter proposed to be added is pursuant to Govt' Code section 54956.9(b)(3)(E)
for a conference with legal counsel since, under existing facts and
circumstances a threat of litigation against the county has been made outside
an open session.
County Counsel
stated that there was a motion by Supervisor Finigan and seconded by Supervisor
Sullivan to approve the initiation of litigation with several other Plaintiffs
to set aside the adoption of a Motor Use Vehicle Map which was adopted by the
Six Rivers National Forest, which the Board believes was without appropriate
compliance with Forest Service policies and the National Environmental Policy
Act
Motion:
Move to approve
Move:
David Finigan
Second:
Michael Sullivan
Vote Yea:
4 David
Finigan, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen
Vote Nay:
1 Martha
McClure
·
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: A motion was made by Supervisor Finigan, seconded by Supervisor
Sullivan, and unanimously passed to add to the closed session agenda a matter
that came to the attention of the county after the posting of the agenda and
that there is an immediate need for action. The matter proposed to be added is
pursuant to Govt' Code section 54956.9(b)(3)(E) for a conference with legal
counsel since, under existing facts and circumstances a threat of litigation
against the county has been made outside an open session.
SCHEDULED ITEMS:
Action: Supervisor Finigan reported on traveling to Sacramento and
testifying on legislation regarding the Airport JPA, traveling to Sacramento a
week later regarding the same issue, attending a ribbon cutting at the Totem
Villa, attending a CASA fundraising event, attending a CASA Board meeting,
traveling to RCRC in Sacramento and commented on the following bills and
issues: AB32, cap and trade issues, AB375 regarding greenhouse gas, air toxic
control measures, the Williamson Act, the National Broadband Plan, SB1040, SB
1130 regarding the Prison Industry Authority that did get passed but has been
severely amended, SB 1174, reauthorization for Secure Rural Schools, Federal
Bill HR 2454, AB 2003, and AB 1953. He also
reported on attending a Border Coast Airport Authority meeting in which they
chose the preferred alternative, attending a Law Enforcement meeting, attending
the Yurok Fisheries Workshop in Klamath, CASA Board meeting, and participated
in an interview with Channel 3 News regarding the Klamath Dam Removal.
Supervisor McClure reported on attending an Automation/Information
meeting, attending a Solid Waste Management Authority meeting, participating in
her first Senior Center Board meeting, attending a Healthy Workforce meeting,
meeting with Community Development regarding RAC monies for some of our back
country roads, meeting with the Historical Society regarding the repair of the
lighthouse, publicaly expressed sorrow for the Tolowas regarding the vandalism
that happened at the gravesites, participated in Redwood Parks Association
meeting, participating in a 7 hour workshop with Tom Owen regarding the bill of
rights, and reading a book for the Week of the Young Child.
Supervisor McNamer reported on attending a Solid Waste Management
Authority meeting, commented on the Earth/Arts Day Festival, met with Jim
Barnts regarding the Social Services building, attending a CMSP meeting in
Sacramento regarding AB1602 and SB900, attending a Future Facilities regarding
fishing access, attending a LAFCO meeting regarding the sphere of influence,
commented on Totem Villa and need for other apartment complexes to do the same,
and attending a Future Facilities presentation from Allen Winogradov regarding
the County's communication tower.
Supervisor Sullivan commented on the vandalism at Tolowa cemetery,
attending a 2x2 with the State Parks regarding a Public Hearing on the Mill
Creek General Plan Amendment as well as the College of the Redwoods having
curriculum in our county for Rangers, attending a law enforcement meeting in
Smith River regarding Neighborhood Watch, formally requested to have a traffic
calming study for a 3 way stop at Fred Haight Drive and Wilson Lane, meeting
with Supervisor Hemmingsen, the Forest Service, and a Federal Mediator
regarding the Tribal Management Plan, attending a 2x2 meeting with Smith River
Rancheria, commented on an upcoming trip to Sacramento regarding the Prison
Industry Authority, SB 1130, and SB 1771, participated in a conference call
with the Forest Service regarding the Planning Rule, attending the Farm Bureau
dinner, attending a Chamber Board meeting, and attending the Ducks Unlimited
Dinner.
Supervisor Hemmingsen reported on attending 2x2 with the State and
National Parks, attending a Healthy Workforce meeting, attending a Pelican Bay
Citizens Advisory Committee meeting, attending a meeting with Supervisor
Sullivan regarding the Motor Vehicle Use Map and the Travel Management Plan,
meeting with the Barnts family regarding the Social Services Building,
attending a 2x2 with the Smith River Rancheria regarding a requested letter of
support for reclassification of the Tolowa Dunes regarding duck hunting,
attending a Future Facilities meeting regarding fishing access and the new
tower, attending an RCD meeting, participating in agenda review, attending a
NORTEC, attending a Farm Bureau dinner, attending an Airport JPA Authority
meeting, attending the Yurok Fish Harvest meeting, participating in a
conference call with staff at Smith River Rancheria, and attending a LAFCO
meeting.
Action: Public Comment was given by Zack Larson, of Zack Larson &
Associates regarding the Greenlife Protection Act..
Action: A report was given by Art Reeve,
The Board directed staff to bring this item back to the Board with
information regarding other funding sources, a time line, the overall plan for
the project, and costs.
Action: The Yurok Tribe gave a presentation to the Board.
The Board suggested that we secure an MOU with the Yurok Tribe as
soon as possible.
On a motion by Supervisor Finigan, and seconded by Supervisor
McClure, the Board approved a letter regarding their support of the Yurok
Tribe.
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: On a motion by Supervisor McNamer and seconded by Supervisor
Sullivan, the Board approved the Consent Agenda (Items 5-17).
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
5.
Approve
a proclamation in honor of National Emergency Medical Services Week.** Document
Action: Approved
6.
Approve
the Minutes from the March 2, 2010 Board of Supervisors meeting.** Document
Action: Approved
7.
Approve
the Minutes from the March 23rd Board of Supervisors meeting.** Document
Action: Approved
8.
Approve
the appointments to the Skate Park Advisory Committee.** Document
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved (DNCO Agreement 2010-049)
Action: Approved (DNCO Agreement 2010-054)
Action: Approved (DNCO Agreement 2010-050)
Action: Approve (DNCO Agreement 2010-051)
Action: Approved
Action: Approved (DNCO Agreement 2010-052)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Heidi Kunstal, Deputy Director of Building and Planning, presented
the item.
The Board requested more information regarding issues such as
placement, policies regarding other non-profit organizations, and means of
removal if needed.
No motion was made.
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
Finigan, the Board adopted an Ordinance adding Subchapter 14.20 to Chapter 14
of the County Code relating to the implementation of a policy for the
recruitment of local workers by contractors who receive county public works
contracts.
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 Sullivan and seconded by Supervisor
McClure, the Board considered the reintroduction (second reading) of an
Ordinance adding Chapter 9.20 to Title 9 of the County Code relating to the
implementation for a policy for the prohibition of abusive panhandling and
placed the ordinance on for hearing at the next meeting of the Board of
Supervisors for possible adoption.
Direction was made to staff to communicate with the City regarding
this Ordinance before the next Board of Supervisors meeting.
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
Action: On a motion by Supervisor Sullivan and seconded by Supervisor
McNamer, the Board considered the re-introduction (second reading) of an
Ordinance adding Subchapter 14.30 to Chapter 14 of the County Code relating to
the implementation of a policy for providing a preference for small businesses
in awarding bids for public contracts and set the Ordinance onto the April 27,
2010 Board of Supervisors' agenda for a third reading for consideration of
adoption of the Ordinance.
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 Finigan and seconded by Supervisor
Sullivan, the Board approved Budget Transfers (04-05, 04-06, 04-08, 04-09).
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: Approved
Action: Approved
Action: Approved
Action: Approved
LEGISLATIVE AND BUDGET ISSUES:
Action: Jay Sarina, County Administrative Officer, commented that there
were half a dozen bills that could potentially affect the County. Some of these
include PERS reform, and Health Care Reform.
Supervisor Sullivan asked that a letter be sent in support of the
continuation of the waiver for Bolman Distributing for the milk distribution
contract with Pelican Bay State Prison and that it be addressed to the Prison
Industry Authority.
Supervisor McClure asked that an item be placed on the next agenda
regarding the illegal breaching of the lake and the ramifications.
Supervisor Finigan asked that thank you letters be sent to the
Senate Appropriations Committee regarding SB1040 and that they also include a
request for continued support.
On a motion by Supervisor Finigan and seconded by Supervisor
Sullivan, the Board added the letter to
the agenda as an urgency item.
Ayes: Supervisors McNamer, Finigan, Sullivan, Hemmingsen
Noes: Supervisor McClure
On a motion by Supervisor Finigan and seconded by Supervisor
Sullivan, the Board agreed to authorize the Chair to sign and send the letter
regarding the Combined Use Designation in the Kellogg Beach Area to the
California Highway Patrol, with a copy being sent to the State Parks.
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
CAPITAL PROJECTS:
27. A
Written Capital Projects Update. Information Only.** Document
Action: Jay Sarina, County Administrative Officer, gave an update on
Capital Projects.
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us