BOARD OF SUPERVISORS
Tuesday, August 23, 2011
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: Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan
Absent: Leslie McNamer
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), Wigley v. DNC, Del Norte Ct # CVPIo6-1401; Hanover v. DNC Road Dept, Del Norte Superior., #CVCV 08-2300; Fiery v. California Dept of Fish and Game, Sac. Superior Court 2011-00095243-CU-EI; Olson v. Del Norte County, Case CVUJ 08-1513; Richard Lorenz v. Del Norte County, Del Norte Superior Court., CVUJ 11-1053; Trinity Perry v. Del Norte County Board of Supervisors, Del Norte Superior Ct., CVPT 11-1304 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.
· The Pledge of Allegiance to the Flag led by Supervisor Sullivan.
Action: Supervisor Sullivan led the Pledge of Allegiance.
· Introduction of new employees to the Board of Supervisors.
Action: No new employees were introduced.
of any actions from closed session by
· 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: Vice-Chair Hemmingsen stated that Item #6 would be pulled due to the applicants' request for withdrawal of appeal.
Item #5 was also pulled due to no quorum. Supervisors Sullivan and Hemmingsen needed to recuse themselves from this item for conflict of interest.
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 Finigan reported on attending a Tri-Agency Economic Development Authority meeting, meeting with the Yurok Tribe regarding negotiations on the casino, attending an RCRC Executive Board meeting in Sacramento, meeting with the new Chief Justice regarding probation, courts, AB 109, and statewide case management; attending the Del Norte County Fair, attending a CSAC Executive Board meeting, participating in a realignment conference call, attending a Special Session Tri-Agency meeting regarding the brewery, attending his eldest son's wedding, attending the Joint City/County meeting, and traveling to Klamath and watching the ballot counting for the fire assessment.
Supervisor McClure reported on traveling to her third Coastal
Commission meeting, meeting with Coastal Staff in Humboldt County, traveling to
Sacramento for a two-day meeting at the Democratic Western Caucus, attending
the League of Cities Redwood Empire Division meeting in Arcata, attending a
Senior Board meeting, participating in conference calls with Assemblyman
Chesbro and Congressman Thompson regarding the Alexandre Dairy and grazing
issue, speaking with a constituent regarding a request for more police coverage
during the evenings, and attending a Joint City/County meeting. She also
commented that a suggestion was made during this meeting that there should be a
crosswalk at Cooper and
Supervisor Sullivan reported on attending a Tri-Agency Economic Development Authority meeting, attending a School Board meeting, attending the City/County Joint meeting, and commented on taking a trip to Murphy's CA.
Supervisor Hemmingsen reported on attending a meeting with Congressman Mike Thompson that was put on by the Yurok Tribe regarding certain properties and dam removals, meeting with the Pelican Bay Citizen's Advisory Committee meeting, attending an RCD meeting regarding the Alexandre Dairy grazing issue, attending a meeting with National and State Parks regarding changes in Jedediah State Park as well as the permanent closure of South Beach Road due to lack of funding, attending a Local Area Formation Committee meeting, meeting with airport staff regarding progress, and attending a City/County Joint meeting.
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: No Public Comment was given.
Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Proclamation in Recognition of WE REMEMBER 9/11 Week, the Week of September 9-15, 2011.
Katie Gavin accepted this Proclamation on behalf of the Daughters of the American Revolution.
Motion: Move to approve
Move: Michael Sullivan
Second: Martha McClure
Vote Yea: 4 Michael Sullivan, Martha McClure, Gerry Hemmingsen, David Finigan
Vote Nay: 0 None
Vote Abstain: 0 None
Action: An update was given by Tyrone Kelly, Forest Supervisor, regarding the Six Rivers National Forest Framework for Sustainable Recreation as well as travel management.
Supervisor Hemmingsen expressed disappointment in the document, commenting that it seems as if the Forest Service has gotten away from managing the forest. He also commented that we still have yet to follow the Plan that is already in place and that there aren't any new forest management documents that have come out that lend to better forest management.
Supervisor Sullivan commented that he is pleased that the need for marketing was addressed in the document.
Supervisor McClure commented that the "umbrella plan" needs to be examined. She suggested that the National Forest may want to ask for assistance from the Redwood Park Association regarding marketing and funding.
Supervisor Finigan commented that the focus needs to be shifted back to forest management, not recreation.
Tyrone Kelley also commented that, with regard to travel management, that there are still issues and concerns with the update of the map. He stated that the decision is that it is more appropriate to go back and rescope the document once again. He also stated that this document would be more appropriate as an Environmental Impact Statement instead of an Environmental Assessment and that more communication needs to be done with the Board and the public.
Public Comment was given by Eileen Mitchell and Eileen Cooper.
Action: Supervisors Hemmingsen and Sullivan recused themselves from this item.
This resulted in a loss of quorum and the item was pulled from the Agenda.
Action: This item was pulled from the agenda due to the applicants' request for withdrawal of appeal.
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 Finigan and seconded by Supervisor Sullivan, the Board approved the Consent Agenda (Items #7 through #17).
Motion: Move to approve
Move: David Finigan
Second: Michael Sullivan
Vote Yea: 4 David Finigan, Michael Sullivan, Martha McClure, Gerry Hemmingsen
Vote Nay: 0 None
Vote Abstain: 0 None
8. Approve and authorize the Chair to sign a HOME Program Loan Agreement and related documents with Summer Park Apartments Investors, L.P. in the amount of $5,000,000 to be used for construction and permanent financing of a 57 unit multi-family development known as the Summer Park Apartments as requested by the County Administrative Officer.** Document
9. Approve and authorize the Chair to sign the First Amendment to the Agreement 2010-132 for Hearing Officer Services, extending the contract termination date from July 31, 2011 to a month-to-month basis beginning August 1, 2011 as requested by the County Administrative Officer.** Document
13. Approve a Resolution Authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for Sudden Oak Death Regulatory Work as requested by the Agricultural Commissioner.** Document
14. Approve and authorize the Chair to sign the Agreement for Adult Residential Services with Willow Glen Care Center, Yuba City, CA for the period July 1, 2011 to June 2012 at the rate of between $91 to $131 per day, not to exceed $50,000 as requested by the Director of Health and Human Services.** Document
15. Approve and Authorize the Chair to sign a Residential Lease Agreement with Northcoast Properties for a home located in Crescent City, CA for the period of July 1, 2011 through June 30, 2012, for an amount not to exceed $1,400 per month or $16,800 per year plus a $2,800 security deposit as requested by the Director of Health and Human Services.** Document
16. Approve and authorize the Chair to sign the proposed Agreement for Underground Right of Way Easement between the County of Del Norte and PacificCorp as requested by the Deputy Director, Engineering and Roads.** Document
17. Adopt a Resolution authorizing the Community Development Department to apply for and accept a grant from Cal/Epa for implementation of the Rural Underground Storage Tank Prevention Program as requested by the Deputy Director, Building and Planning.** Document
Action: Ken Smith, Agricultural Commissioner, gave a presentation on the following: Field Crops, Vegetable and Fruit Crops, Miscellaneous Agricultural Production, Timber and Forest Products, Sustainable Agriculture Reporting, and the Commercial Fishing Data for 2010.
LEGISLATIVE AND BUDGET ISSUES:
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, commented on AB109, Cal-Fire Assessment in the State Responsibility Area, and Water Quality Legislation.
Supervisor Finigan commented on the Cal-Fire Assessment and potential litigation. He also commented on the Secure Rural Schools funding reduction this year and stated that there is no legislation in place that addresses this. He encouraged constituents to call their congressmen in support of reauthorization of the Secure Rural Schools
Direction was made to staff to make the recommended budget for the County and Special Districts available to the public on or before September 2, 2011.
Action: Direction was given to staff to prepare a letter of support for a continued grazing lease between Blake Alexandre and State Parks.
Public Comment was given by Scott Feller.
Action: Jay Sarina, County Administrative Officer, gave an update on the Townsite Boat Launch and commented that the Requa slide material is being used in this project, gave an update on Prop 40 projects, Battery Point Lighthouse, and Point St. George. He also stated that he was invited to speak at the BBQ for the Relief Crews.
He commented that the Parks Department also asked for surplussing of picnic tables through Prop 40 money, which are now being surplussed to non-profit and gov't agencies. And lastly, he reported on meeting with John Horner at Pyke's Field and commented that we have a significant number of softball teams this year in recreation, and an extremely functional facility.
Jeremi Ruiz, Clerk of the Board
THE AGENDA AND ACTION SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us