A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, April 26, 2011 |
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) Jon Miller v. DNC et
al.; Wilson v. DNC; DNC v. U.S. Forest Service; and Wigley v. DNC.
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 McClure.
Action: Supervisor McClure led the Pledge of Allegiance.
·
Introduction
of new employees to the Board of Supervisors.
Action: Gary Blatnick, Director of Health and Human Services, introduced
Kaysi Whelan as the new Deputy LPS Conservator.
·
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: Supervisor Hemmingsen stated that the timed item for the
presentation from Fred Kelly Grant of American Stewards would be later than
anticipated.
Chair McNamer cited that a correction be made on the signature
page on Item #12 to reflect the Contractor as the Crescent City Harbor
District, not the Crescent Fire Protection District.
SCHEDULED ITEMS:
Action: Supervisor Sullivan reported on attending a Visitor Bureau meeting
and commented on Bob Berkowitz being named the new Executive Director,
attending a Del Norte Unified School District Board meeting, attending a Local
Transportation Commission meeting and commented on the close of trailheads on
Supervisor Hemmingsen reported on participating in Action Summary,
participating in a Pelican Bay Citizen's Advisory Committee meeting regarding
gang activities, attending a Local Transportation Commission meeting, attending
a State Parks 2x2 meeting, attending a meeting at the Harbor regarding status
of Harbor and impacts of the tsunami, participated in the City/County Joint
meeting, attended Senator LaMalfa's Ribbon Cutting Ceremony for his field
office here in Crescent City, and meeting with Fish and Game staff, Karen
Kovacs, Jim Bernard, Heidi Kunstal, and Kevin Hamblin regarding: the mitigation
of properties, discussions on land swaps and fishing access points.
Supervisor Finigan reported on participating in a CSAC conference
call regarding Legislative Days, attending a dinner meeting in Klamath
regarding Healthy Communities, attending the Town Hall meeting for Senator
LaMalfa, and attending the Tsunami Fundraiser.
Supervisor McClure reported on visiting her grandchildren in
Pasadena the past week, commented on Redwood Park Association hiring interns to
work this summer, commented that the Redwood Coast Transit Authority meeting
was canceled due to the agenda not being posted in time, commended Jim Carnegie
regarding his work on the CDBG technical assistance grants regarding ADA access
at the Grange and the Culinary Education Center; attending a Solid Waste
Management Authority Meeting, commented on meeting with the Ad-Hoc Committee
this afternoon, attending a meeting with the Senior Board, was interviewed for
the position on the Coastal Commission via telephone and had an interview with
the Governor's staff regarding the potential of Coastal Commission position.
She also reported on meeting with EMS and commented on a possible bill that
could be detrimental to community regardign fingerprinting of all workers
(including volunteers), celebrating Easter with her family, and commented on
the Resource Legacy Foundation contributing another $30,000 towards funding for
the Lighthouse.
Supervisor McNamer reported on attending Agenda Review, attending
IGRC, attending a Solid Waste Management Authority meeting, commented on
missing the Earth Arts Fair, attending the City/County meeting and Special
Session, attending an Air Quality meeting in Eureka, attending the Tsunami
Relief Fundraise, and commented on having a wonderful Easter with her family.
Action: Public Comment was given by Scott Feller and Zack Larson.
3.
10:25
A.M. Approve a Proclamation for National Foster Care Month Document
Action: Karen Sullivan accepted this Proclamation.
Action: Supervisor McClure recused herself from this item due to a
conflict of interest.
Chair McNamer opened the Public Hearing
Randy Hooper, Planner, presented this item to the Board.
No Public Comment was given.
Chair McNamer closed the Public Hearing.
On a motion by Supervisor Sullivan and seconded by Supervisor
Hemmingsen, the Board approved the following recommendations: (1) adopted the
Findings of Approval for the Rezone: (a) The project is consistent with the
policies and standards of the Del Norte County General Plan and Title 20
Zoning; (b) The project is exempt from California Environmental Quality Act
(Class 1); and (c) Existing land use as well as surrounding land uses are
compatible with the rezone proposal; and (2) Adopt an Ordinance amending
Ordinance 67-10 and County Code Title 20 through adoption of new Non-Coastal
Zoning Map B-9, "Exhibit A".
Approved (DNCO Ordinance 2011-004)
Motion:
Move to approve
Move:
Michael Sullivan
Second:
None
Vote Yea:
4 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, David Finigan
Vote Nay:
0 None
Vote Abstain: 1 Martha
McClure
Action: Fred Kelly Grant spoke to the Board about new directions he has
been taking. He stated that Trademark America is a new foundation that he has
started, and in doing so, has resigned from his position as President fo
American Stewards of Liberty. He stated that one of the main reasons for this
was he wanted to do something big from a progressive standpoint. He commented that
there is a primary focus is to get the Coastal Commission of California into a
coordination role. He also reported that they were putting together several
projects in several counties for restoring the economy in grazing and logging
through use of the rules as well as petition for the delisting of species that
need no longer be on the endangered species list.
He mentioned that Del Norte County was the second County to be
involved in the Coordination process and now, there are hundreds of Counties
who have followed suit.
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 #8 and asked that it be further
reviewed and placed on the next Board agenda.
On a motion by Supervisor Sullivan and seconded by Supervisor
Finigan, the Board approved the Consent Agenda (Items #6 through #7, and Items
#9 through #16.
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
6.
Approve
the Minutes from the April 7, 2011 Board of Supervisors' Special
Session.** Document
Action: Approved
7.
Approve
the Minutes from the April 12, 2011 Board of Supervisors' meeting.** Document
Action: Approved
Action: This item was pulled from the agenda to be reviewed and placed on
the next Board of Supervisors' agenda.
Action: Approved (DNCO Resolution 2011-029)
Action: Approved (DNCO Agreement 2011-049)
Action: Approved
Action: Approved (DNCO Agreement; 2011-050)
A correction was made to the signature page of this item.
Action: Approved
Action: Approved (DNCO Resolution 2011-030)
Action: Approved (DNCO Agreement 2011-051)
Action: Approved (DNCO Resolution 2011-031 and DNCO Agreement 2011-052)
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Supervisor Sullivan presented this report to the Board.
After discussion, Supervisor Sullivan made a motion to direct
appointed representatives to discuss the issues and recommendations of the
Solid Waste Ad-Hoc Committee with the full Del Norte Solid Waste Management
Board and proceed with addressing outstanding issues, specifically issues
related to (1) Their budget, accounting, and bookkeeping, (2) Elimination of
all Commission stipends (3) look at staffing levels, and (4) amend the current
JPA to require that all Ordinances and their annual Budget must be ratified by
both the Board of Supervisors and the City Council before they are to take
effect. Also, he added that the subject of the Del Norte Solid Waste Management
Authority Board be agendized for the next Joint City/County meeting. Finally,
he asked that the appointed representatives report back to the Board by the
June 28th meeting as the progress the JPA has made in addressing these
concerns.
Supervisor Hemmingsen seconded the motion and the Board approved
the motion by a unanimous polled vote.
Motion:
Move to approve
Move:
Michael Sullivan
Second:
Gerry Hemmingsen
Vote Yea:
5 Michael
Sullivan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
Action: Joey Young, Personnel Manager presented this item to the Board. He
stated that in May of 2009, the process was started for the determination of
industrial disability retirement. While this requested was being processed,
charges were brought against the individual. However, because the County had
already started the process, their were now legally bound.
When asked for legal ramifications if the Board did not approve
the Resolution, Mr. Young cited Labor Code Section 5814.5, as well as PCP 1081
provides that the applicants attorney can take a writ to Superior Court and
have the settlement enforced by the Judge which would open up any potential
civil litigation for damages. The County would be responsible for any attorneys
fees with no cap and it could jeopardize our Self Insurance Certificate. It
also could create an ethical conflict for our contracted Worker's Compensation
Attorney.
The rules of Administrative Leave were also addressed and it was
stated that a large portion of the wages the individual has been paid during
that leave will be reimbursed back to the County.
Public Comment was given by Paul Dillard, Richard Miles, Phil
Hilger, Ron Plechaty, and Victoria Dickey.
On a motion by Supervisor Finigan and seconded by Supervisor
Hemmingsen, the Board approved and adopted corrected Resolution that sets forth
a determination of an industrial disability retirement for Deputy
Sheriff-Coroner Joseph Garcia.
BUDGET TRANSFERS:
Action: On a motion by Supervisor Finigan and seconded by Supervisor
Hemmingsen, the Board approved Budget Transfers
(04-01,04-02,04-03,04-05,04-06,04-07,04-08,04-09,04-10)
Motion:
Move to approve
Move:
David Finigan
Second:
Gerry Hemmingsen
Vote Yea:
5 David
Finigan, Gerry Hemmingsen, Leslie McNamer, Martha McClure, Michael Sullivan
Vote Nay:
0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
Action: Jay Sarina, County Administrative Officer, stated that at this
point, a budget is being prepared that has a limited revenue stream into public
safety, and limited revenue stream into Health and Human Services. He also commented that most of the general
fund departments are not seeing the expected revenues and that hopefully there
will be a presentation the first meeting in May to discuss the budget so far.
CAPITAL PROJECTS:
27. Verbal
Update. Information only.
Action: Jay Sarina gave an update on Florence Keller, Point St. George,
and Battery Point Lighthouse.
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us