A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF
CRESCENT CITY,
CA 95531
|
REGULAR
MEETING |
Tuesday, August 26, 2008 |
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.
No
Public Comment was given on Closed Session items.
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), Pacific Shores CA
Subdivision Water District v DNC, DN
Superior Court, Case No. CVPT 06-1454;
Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John
Gimbel v. County of Del Norte, US District Court, Northern California
Division., Case No. C070113; Connie Lawson v. Del Norte County, DN
REGULAR SESSION 10:00 A.M.
10:00 A.M. Call the meeting to order and take roll.
Action: The meeting was called to order at 10:00 A.M.
·
This
Board of Supervisors meeting is dedicated to some of our partners: Del Norte
County Library
·
The
Pledge of Allegiance to the Flag led by Russell Long
Action: Russell Long led the Pledge of Allegiance and did a short
presentation on the progress of the Library.
·
Introduction
of new employees to the Board of Supervisors.
Action: No new employees were introduced
·
Report
of any actions from closed session by
Action: County Counsel reported on the following actions: (1) Under
initiation of litigation there was a motion by Supervisor Sullivan seconded by
Supervisor McNamer that was passed unanimously to take such legal action that
is necessary to eject the squatters located at 202 Pike St. (2) Under
significant exposure to litigation there was a motion by Supervisor Sullivan
and seconded by Supervisor Hemmingsen that was passed unanimously to authorize
the chair to execute a partial settlement agreement on the terms that may be
agreed upon by the parties in relation to Elk Valley Road and Tidewater
Contractor's matter.
·
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: Jeannine Galatioto brought two items to the Board's
attention. On a motion by Supervisor
Sullivan and seconded by Supervisor McNamer, the Board added the following
items to the Consent Agenda:
Approve and authorize the Chair to sign the attached Bar-O Ranch
Placement Agreements with both
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
SCHEDULED ITEMS:
Action: Jim Grossman, the new Economic Development Director of Tri-Agency
was introduced to the Board and gave a brief overview of his qualifications and
what he hopes to achieve in his new position.
Action: Supervisor Sullivan reported on the project in Gasquet regarding
road striping and the positive impact of the completion of this project,
commented on the Smith River road widening with left turn lanes north of the
casino, meeting with Caltrans and LTC regarding 199, met with staff regarding
South Fork road, attending a meeting
with Tamara Buchanan regarding an emergency preparedness meeting at the Family
Resource Center, attending a meeting with Smith River Rancheria and Cal-Trans,
attending a meeting with the RCTA staff regarding transit issues and its focus
on Gasquet and Hiouchi routes, attending a meeting with Jim Grossman, attending
a County Economic Profile Workshop with Dr. Gallo from Chico State, dealing
with constituent issues regarding right-of-ways, thanked Ken Smith, attending a
Chamber Board meeting, attending the Smith River Harvest Festival put on by
CASA, and attending a soccer jamboree and soccer match with his son.
Supervisor McNamer reported on attending a Methamphetamine
Prevention Forum, attending the signing of the airport with Curry County,
attending Agenda Review for Supervisor Finigan, attending a LAFCO meeting and
commented that the Pacific Shores Water District will be dissolved, attending a
meeting with the Boys and Girls Club regarding a collaborative effort with the
teen center, attending a Revolving Loan Committee meeting, and attending the
Smith River Festival.
Supervisor McClure reported on sending her last child to college,
attending a Judiciary Institute meeting with Sandra Day O'Conner in Washington,
attending a meeting with Jim Grossman regarding economic development, attending
the second pebble beach meeting the next evening, looking forward to the CDBG
feasiblilty grant for culinary training in our community, asked the Board
consider sending letters of appreciation to the Medicine Shoppe and express
appreciation, and also to send a letter of recognition to the Farmer's
Market, and asks that the Board consider
asking for a Legislative relief with the California Medical Association and the
relationship of Hospitals and doctors and maybe work with RCRC and CSAC, and
commented on Kathy Moxson circulating RFP regarding community forests and
community impacts and asks the Board to review it, and commented on her
classroom and going back to school.
Supervisor Hemmingsen reported on attending a Coordination
meeting, attending a Local Transportation Commission meeting regarding the
South Fork project, met with the Barnts family regarding upcoming lease for
Health and Human Services building, attending a Resource Conservation District
meeting and met with Jim Grossman there, and attending a LAFCO meeting.
Supervisor Finigan reported on attending Klamath Chamber meeting
regarding plans for the fish program and allocation for sport fishing,
attending an IGRC, attending a lunch the
FRC regarding the upcoming Cowell Foundation visit, attending a CASA executive
meeting, attending a planning meeting for the Coordinating committee,
participated in a call in on KPOD radio regarding the teen center with Jeff
Jacobs, attending a reception for Wes Chesboro, attending a meeting with Jim
Grossman, traveling to Sacramento and attending an RCRC Board meeting re: Prop 5,6,7,9;
the possibility of obtaining laptops for the FRC; fire disaster
legislation SB 1500 which was pulled and defeated; AB 1389 regarding Indian
gaming dollars back to this county; opposing SB 1617;commented on lack of
federal budget, secure rural schools authorization which will be tied into
energy and fire that will be in September;meeting with Matt Crisman Resources
Secretary; meeting at the Resources Agency regarding fire as well. Also
commented on RCRC setting up bi-partisan legislative meetings, meeting with
Kate Dargan regarding the issue of fire, standards, and legislature that
affects this topic, reported on trying to meet with the Sheriff but he didn't
show up regarding Pike street prop with County Council, Vicky Frazier and
Jeannine Galatioto, invited to be on the Board of Directors of the National
Forest County Schools Coalition.
Action: Patti Vernelson introduced the new VISTA member, Byron Wilson to
the Board.
Action: Gary Strike gave a presentation regarding the project and fielded
questions from the Board. On a motion by
Supervisor Sullivan and seconded by Supervisor McClure, the Board accepted the
Approval of Highway Design Standards Form and Approval Letter for the South
Fork Road/California Forest Highway (CFH) 112 Project, which permits the
Federal Highway Administration (FHWA) to advertise and award the project, and
authorized the Chairman to sign it.
Action: Gary Blatnick introduced Jessica L. VanArsdale and she gave a
presentation on the survey done on behalf of California Center for Rural
Policy.
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
Action: Items #7 and #15 were pulled for separate discussion.
Items 6 through 16 along with the two emergency items voted on
earlier were passed by the Board with a motion by Supervisor McNamer and
seconded by Supervisor Sullivan.
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
6.
Approve
the minutes from the August 12, 2008 meeting.**
Action: Approved
7.
Approve
and adopt the Proclamation for the Sierra Club 50th Anniversary.**
Action: This item was pulled for separate discussion.
Public comment was heard from: Al Muelhoefer, Sierra Club North
Group Outings Chair; Jerry Cochran; and Janet Lewis.
A motion was made by Supervisor McClure and seconded by Supervisor
McNamer to approve and adopt the Proclamation. On a split vote, with Supervisor
Finigan abstaining, the Board did not approve the motion.
Chair Finigan directed that the Proclamation be rewritten and
brought back before the Board at the next meeting.
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: Approved
Action: This item was pulled and continued to the meeting of the Board of
Supervisors on September 16, 2008. Chair
Finigan stated that then the Board would be able to comment and asked that all
Department Heads be in front of the Board.
Action: Approved
REGULAR ITEMS
GENERAL GOVERNMENT:
Action: Supervisor Hemmingsen presented the issue. After discussion, Supervisor Hemmingsen made
a motion directing staff to take the initiative to contact the appropriate
agencies reaffirming our coordination policy and No Net Loss policy which are
already in place. Supervisor McClure asked that the vote be polled in order to
have each vote on record. The motion was
seconded by Supervisor Sullivan and passed with a 4-1 polled vote by the Board.
Motion:
Move to approve
Move:
Gerry Hemmingsen
Second:
Michael Sullivan
Vote Yea:
4 Gerry
Hemmingsen, Michael Sullivan, Leslie McNamer, David Finigan
Vote Nay:
1 Martha
McClure
Vote Abstain: 0 None
LAND USE:
Action: County Engineer Art Reeve gave an overview of the project. On a motion by Supervisor Sullivan and
seconded by Supervisor Hemmingsen, the Board approved and awarded the contract
to Smith Electric for the installation of two lighted crosswalks on Northcrest
Drive and one lighted crosswalk on Lake Earl Drive and authorize the County
Engineer to sign individual change orders up to ten percent (10%) of the
contract award
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: County Engineer Art Reeve presented the project. On a motion by Supervisor Sullivan and
seconded by Supervisor McNamer, the Board approved and awarded the contract to
Wahlund Construction, Inc. for construction of ADA accessible sidewalks on Northcrest
Drive and Washington Boulevard; and authorized the County Engineer to sign
individual change orders up to ten percent (10%) of the contract award
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: Approved
Motion:
Move to approve
Move:
Martha McClure
Second:
Leslie McNamer
Vote Yea:
5 Martha
McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan
Vote Nay:
0 None
Vote Abstain: 0 None
LEGISLATIVE AND BUDGET ISSUES:
21. Discuss
upcoming Board of Supervisor meetings and take action as necessary.**
Action: After a discussion by the Board, Chair Finigan announced the
September schedule for the Board of Supervisors meetings as follows:
September 9th at 8:30 A.M.; September Budget Hearings starting at
9 A.M, the cancellation of the September 23, 2008 scheduled meeting, with it
being moved to September 30, 2008 at 8:30 A.M.
Action: County Counsel presented a letter regarding coordination and the
Mill Creek Watershed addition addressed to Steve Chaney, Superintendent of
Redwood and State Parks, and asked that the Board authorize the Chair to sign
the letter and sent to Superintendent Chaney as well as forward through the
Coordination Committee to relative agencies.
Supervisor Sullivan asked that a copy be sent to the Department of
Justice. On a motion by Supervisor
Sullivan, and seconded by Supervisor Hemmingsen, the Board approved and
authorized the Chair to sign the letter and send out to appropriate agencies.
CAPITAL PROJECTS:
23. Written
Capital Projects Update. Information
Only.**
Action: Jay Sarina gave a brief oral presentation on the update.
ADJOURNMENT
Action: The meeting adjourned at 12:15 P.M.
Jeremi Ruiz,
Clerk of the Board
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us