A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

 

CRESCENT CITY, CA 95531

 

 

REGULAR MEETING

Tuesday, April 26, 2011

8:30 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) 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 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: 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:

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 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 Walker Road. He also commented that a meeting will be held in the future to discuss safety issues and long term plans. He also reported on attending the Joint City/County meeting, attending the Board of Supervisors Special Session Meeting, meeting with Senator LaMalfa, attending the Tea Party Town Hall meeting for Senator LaMalfa, attending a Tri-Agency meeting, attending the Tomasini's 70th wedding anniversary party, and spending Easter with his son.

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.

2.     10:20 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 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.

4.     10:30 A.M. Conduct a Public Hearing and approve the following recommendations: (1) Adopt 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" as requested by the Planner.** Document

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

5.     10:45 A.M. Receive a presentation from Fred Kelly Grant of American Stewards and take action as necessary.**

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

8.     Approve the Fifth and Sixth Amendments to the Memorandum of Understanding between Tri-Agency and the County of Del Norte as requested by the Director of the Tri-Agency Economic Development Authority.** Document

Action: This item was pulled from the agenda to be reviewed and placed on the next Board of Supervisors' agenda.

9.     Approve the revised Resolution of the Del Norte County Board of Supervisors Establishing the Del Norte County Department of Health and Human Services, Mental Health branch, Office of the Lanterman, Petris, and Short (LPS) Conservator, and the DHHS Director/Public Guardian as LPS Conservator for Del Norte County effective June 1, 2011 as requested by the Director of Health and Human Services.** Document

Action: Approved (DNCO Resolution 2011-029)

10. Approve and authorize the Chair to sign the Interagency Agreement for the Children's Medical Services Plan for Del Norte County which includes the Child Health and Disability Prevention (CHDP) Certification, California Children's Services (CCS) Certification, and Health Care Program for Children in Foster Care (HCPCFC) Certification for Fiscal Years 2010-2011 as requested by the Director of Health and Human Services.** Document

Action: Approved (DNCO Agreement 2011-049)

11. Approve the acceptance of an Inheritance Award to the Del Norte County Dog Pound from the Estate of Robert W. Carter and approve a Resolution authorizing the Director of Animal Control to administer the expenditure of the inheritance monies pursuant to the draft budget of expenditures detailed in the attached letter as requested by the Director of Animal Control.** Document

Action: Approved

12. Approve the First Amendment to Subrecipient Agreements with Crescent City Harbor District to increase amount available in the agreement as part of the County's Economic Development Allocation Over the County Community Development Block Grant as requested by the County Administrative Officer.** Document

Action: Approved (DNCO Agreement; 2011-050)

A correction was made to the signature page of this item.

13. Approve the Final Subdivision Map for the Wigley Family Trust, as presented, and authorize the Clerk of the Board to sign it as requested by the Deputy Director of Engineering & Roads.** Document

Action: Approved

14. Approve and authorize the Chair to sign the attached Resolution authorizing the Del Norte County Community Development Department to apply for the Local Enforcement Agency Grant and delegate the Director of Community Development or his designee to sign the necessary applications, contracts, agreements, amendments and payment request forms, as of July 1, 2010 as requested by the Deputy Director of Building and Planning.** Document

Action: Approved (DNCO Resolution 2011-030)

15. Approve the Stormwater Operations and Maintenance Agreement between Wal-Mart Store, Inc. and Del Norte County as requested by the Assistant Engineer.** Document

Action: Approved (DNCO Agreement 2011-051)

16. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture, division of Measurement Standards for petroleum inspection and enforcement as requested by the Agricultural Commissioner.** Document

Action: Approved (DNCO Resolution 2011-031 and DNCO Agreement 2011-052)

REGULAR ITEMS

GENERAL GOVERNMENT:

17. Receive and accept the attached report from the Solid Waste Ad-Hoc Committee and direct appointed representatives to discuss the issues and recommendations with the full DNSWMA Board and proceed with addressing outstanding issues as soon as possible as requested by Supervisor Sullivan.** Document

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

18. Approve and adopt the corrected Resolution that sets forth a determination of an industrial disability retirement for Deputy Sheriff-Coroner Joseph Garcia as requested by the County Administrative Officer.** Document

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

19. Approve a Budget Transfer (04-01) in the amount of $165,000.00 within the Department of Child Support Services as requested by the Director.** Document

20. Approve a Budget Transfer (04-02) in the amount of $45,000.00 within the Public Defender and Contingency Budgets as requested by the County Administrative Officer.** Document

21. Approve a Budget Transfer (04-03) in the amount of $370,000.00 within the Grants Administration Budget as requested by the County Administrative Officer.** Document

22. Approve a Budget Transfer (04-05), (04-06), and (04-07) within the Health and Human Services Department in the amount of $48,483.00 as requested by the Director of Human Services.** Document

23. Approve a Budget Transfer (04-08) in the amount of $99,900.00 within the Health and Services LPS Conservator Budget as requested by the Director of Health and Human Services.** Document

24. Approve a Budget Transfer (04-09) in the amount of $50,000.00 within the Health and Human Services Budget as requested by the Director of Health and Human Services.** Document

25. Approve a Budget Transfers (04-10) in the amount of $25,000.00 within the Health and Human Services Budget as requested by the Director of Health and Human Services Document

LEGISLATIVE AND BUDGET ISSUES:

26. 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.

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

County of Del Norte, State of California Date Posted: April 28, 2011

 

 

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