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, September 27, 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, California United Home Care Workers Union, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a  Alan D. Murray, U.S. Bankruptcy cases Northern District of California, Case No. 11-10535; Fiery v. California Dept. of Fish and Game, et al., Superior Court of Sacramento, Case No. 34-2011-00095243; Lorenz v. DNC, Del Norte Superior Court, Case No. CVUT 11-1053 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. Pursuant to Gov’t Code 54997, conduct annual evaluation of the Chief Probation Officer.

 

 

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 County Counsel

Action: County Counsel led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: The Building and Maintenance General Services Manager, Ed Fulton, introduced a new addition to the Park and Maintenance Department, James Ball.

·        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 additions 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 Hemmingsen reported on attending the Regional Council of Rural Counties Annual Conference in South Lake Tahoe, and commented on the following: a panel presentation regarding Sustainable Communities: future of land use and housing and transportation; a panel presentation regarding regulatory reform, redistricting; and a  presentation on the Federal Reserve, renewable energy, and challenges of the agricultural community. He also reported on attending a Del Norte Local Area Formation Commission meeting, and commented that SB 369 was signed by the Governor yesterday.

Supervisor McClure reported on attending a Senior Center Board meeting, participating in a  Redwood Park Association Chamber Mixer, commented on going through the next Coastal Commission agenda, reported on attending a Historical Society meeting, speaking with Assemblymember Chesbro's office regarding the Tsunami Relief Bill, participating in Agenda Review, commented that she was contacted by the Governor's office to inform her that the Regional Water Control Board has four openings, and attending a Solid Waste Management Authority meeting.

Supervisor Finigan reported on participating in a  California State Association of Counties conference call, attending a meeting at the Family Resource Center with members of First 5, traveling to Sacramento to meet with the Governor regarding realignment, AB109, and funding for programs; attending the Regional Council of Rural Counties Annual Conference in South Lake Tahoe, participating in an Regional Council of Rural Counties Executive Board meeting regarding State Responsibility Areas, State Park Closure, Secure Rural Schools, and legislation updates. He also commented on the status of the inmate fire crews, commented on a Small Community Development Grant that was given to the Airport for marketing, and commented on AB 885.

Supervisor Sullivan reported on attending a North Deal meeting, attending the Regional Council of Rural Counties Annual Conference in South Lake Tahoe and commented on the following: a presentation regarding redistricting and a presentation regarding the challenges facing California Agriculture. He also commented on attending a going away party for Jay Freeman, and commented on speaking with Alma Cardenas regarding her daughter's death in 2008.

Supervisor McNamer reported on attending the Regional Council of Rural Counties Annual Conference in South Lake Tahoe, attending a Del Norte Solid Waste Management Authority meeting, and visiting with her sister in Sun Valley.

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 Roger Gitlan, Richard Miles, Ron Plechaty, Dale Boeing, and Jim Bernard.

3.     10:30 A.M. Approve the following recommendations1) Continue the Public Hearing, accept Public Comment and conclude the public hearing and adopt the Recommended 2011-2012 Fiscal Year Final budget, and Special District budgets by resolution as presented over the course of the budget hearings;2) Adopt Resolution 2011-__, a Resolution Fixing Tax Rates for Fiscal Year 2011/2012 as required by Government Code; 3)  Adopt a Resolution 2011__ setting the appropriation limits for Fiscal Year 2011/2012, and 4)  Establish One Deputy District Attorney I/II/III position for the purpose of prosecuting cases at Pelican Bay State Prison effective the first pay period in January;**   Document

Action: Chair McNamer continued the Hearing by asking for Public Comment.

No Public Comment was given.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved the following recommendations1) Continue the Public Hearing, accept Public Comment and conclude the public hearing and adopt the Recommended 2011-2012 Fiscal Year Final budget, and Special District budgets by resolution as presented over the course of the budget hearings;2) Adopt Resolution 2011-__, a Resolution Fixing Tax Rates for Fiscal Year 2011/2012 as required by Government Code; 3)  Adopt a Resolution 2011__ setting the appropriation limits for Fiscal Year 2011/2012, and 4)  Establish One Deputy District Attorney I/II/III position for the purpose of prosecuting cases at Pelican Bay State Prison effective the first pay period in January; (DNCO Resolution 2011-059, 2011-060)

 

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

CONSENT AGENDA

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

Action: Item #13 was pulled for separate discussion.

Supervisor Sullivan recused himself from Item #9 for conflict of interest.

On a motion by Supervisor McClure and seconded by Supervisor Hemmingsen, the Board approved the Consent Agenda, (Items #4 through #12)

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

Vote Yea:       5              Martha McClure, Gerry Hemmingsen, Leslie McNamer, Michael Sullivan, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve the Minutes from the August 23, Board of Supervisors' meeting.**   Document

Action: Approved

5.     Approve the Minutes from the September 13, 2011 Board of Supervisors' meeting.**   Document

Action: Approved

6.     Approve a Proclamation in recognition of Domestic Violence Awareness Month, October 2011.**   Document

Action: Approved

7.     Approve and adopt the Memorandum of Understanding between the Del Norte County Sheriff's Department and the Del Norte County Superior Court for Court Security Services as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2011-161)

8.     Approve and authorize the Chair to sign the Non-Supplantation Certification and the 2011-12 Agreement EPO 11-09 with the California Department of Public Health (CDPH) for the 2011-12 Center for Disease Control and Prevention (CDC) Public Health Emergency Preparedness Program (PHEP), the State General Fund Pandemic Influenza Allocation, and U.S. Department of Health and Human Services; (US DHHS) Hospital Preparedness Program (HPP) Allocation for a total of $320,383.00 as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2011-159)

9.     Approve and authorize the Chair to sign an Agreement with Rural Human Services, Inc. (RHS) for office space at the Del Norte Workforce Center (DNWC) from September 1, 2011 through June 30, 2012, not to exceed $58,500.00 as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2011-160)

10. Approve and authorize the Sheriff to enter into an agreement with Morgan Hill Medical Group for inmate medical services as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2011-162)

11. Authorize the Chair to sign the agreement with Redwood Toxicology for products and services as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2011-163)

12. Approve the agreement and authorize the Tax Collector and County Administrative Officer to execute the agreement with Pre-Sort Center of Stockton, Inc. as requested by the Treasurer/Tax Collector.**   Document

Action: Approved (DNCO Agreement 2011-164)

13. Consider and adopt a Resolution appointing two Del Norte County Supervisors to 4 year terms on the Board of Commissioners of the Border Coast Regional Airport Authority. A County alternate may be appointed, by the same Resolution, to service in the absence of any appointed County Supervisor.**   Document

Action: This item was pulled from the Consent Agenda for separate discussion.

Supervisor Sullivan volunteered to take over the position of alternate since Supervisor McClure now has a conflict of interest due to her position on the California Coastal Commission.

On a motion by Supervisor Finigan and seconded by Supervisor Hemmingsen, the Board approved the re-appointments of Supervisors' Hemmingsen and Finigan to the Board of Commissioners of the Border Coast Regional Airport Authority, with Supervisor Sullivan serving as the alternate. (DNCO Resolution 2011-061)

 

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

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Approve the expenditures of Title III funds in the amount of $13,711.89 for the Bar-O Boys Ranch search and rescue efforts under P.L. 110-343 as requested by the Director of Community Development.**   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board approved the expenditures of Title III funds in the amount of $13,711.89 for the Bar-O Boys Ranch search and rescue efforts under P.L. 110-343.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       5              Gerry Hemmingsen, Martha McClure, Leslie McNamer, Michael Sullivan, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

15. Authorize the County Administrative Officer to pursue a Tire-Derived Product Grant for the purpose of providing recycled rubber mulch for a new playground at the Del Norte Wellness Center.**   Document

Action: Public Comment was given by Richard Miles.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board authorized the County Administrative Officer to pursue a Tire-Derived Product Grant for the purpose of providing recycled rubber mulch for a new playground at the Del Norte Wellness Center.

 

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

16. Hold a discussion and take possible action regarding the formation of a new Solid Waste Ad-Hoc committee to be composed of two City Council members, two members of the Board of Supervisors, (with the understanding that at least one member from each entity shall not sit on the Solid Waste Management Authority Board) and appropriate legal counsel to restructure or dissolve the Solid Waste Management Authority.   Document

Action: Discussion was held by Board members.

Supervisor McClure stated that her intention for bringing this matter back up for discussion was to have it properly agendized in accordance with the Brown Act. She also stated that she would like a renewal of the previous motion and a polled vote followed by discussion. She commented that she takes back her affirmative vote of the matter on the September 13, 2011 meeting.

Supervisor McClure made a motion that the County not form an Ad-Hoc Committee at this time in relationship to Solid Waste as Solid Waste has been vetted. Supervisor McNamer seconded the motion.

Public Comment was given by Richard Miles, Ron Plechaty, Lathe Gill, Irene Tynes, Tim Mitchell, Carolyn Star, Linda Ehrisman, Joseph Aliotti, Patty McCleary, John Mertes, Grant Werschkull, Andrea Wadsworth, Mary Wilson,  Wesley Nunn, Connie Morrison, and Paul Dillard.

 

The vote was polled and the motion failed 3-2

 

Motion: Move to approve

Move: Martha McClure 

Second: Leslie McNamer

 

AYES:       2             Martha McClure, Leslie McNamer

NOES:       3             Michael Sullivan, Gerry Hemmingsen, David Finigan

 

County Counsel stated that the action taken on September 13, 2011 to:

Form a new Solid Waste Ad-Hoc committee to be composed of two City Council members, two members of the Board of Supervisors, (with the understanding that at least one member from each entity shall not sit on the Solid Waste Management Authority Board) and appropriate legal counsel to restructure or dissolve the Solid Waste Management Authority was a valid action and still stands.

 

After discussion the Board directed that a City/County meeting be held to discuss the City's involvement before the new Solid Waste Ad-Hoc Committee meets.

BUDGET TRANSFERS:

17. Approve a Budget Transfer (06-20), in the amount of $295,020.00 within the Health and Human Services Budget as requested by the Director of Health and Human Services.**   Document

Action: On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved Budget Transfer (06-20).

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       5              Martha McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

18. 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: Supervisor Sullivan commented on the State Responsibility Areas and Supervisor Finigan commented on AB 554.

CAPITAL PROJECTS:

19. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, gave updates on the Townsite Boat Launch, Battery Point Lighthouse, Prop 40 Projects, and ADA compliance in the parks.

ADJOURNMENT

Action: The Board adjourned at 12:22 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  September 30, 2011

 

 

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