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 08, 2009

10:00 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

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 McClure.

Action: Supervisor McClure led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: No new employees were introduced.

·        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: Chair Hemmingsen requested the following be added to the Consent Agenda as urgency items that arose subsequent to the posting of the Agenda:

(1) Approve the Agreement with Traffic Solutions, Inc. for road striping services and authorize the Chairman of the Board to sign the agreement, and (2) Approve the Agreement with Granite Construction Co. for the supply of asphalt material and authorize the Chairman of the Board to sign the Agreement.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board added the above-referenced agreements to the consent agenda.

 

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:

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 an event for Meg Whitman regarding her gubernatorial campaign, attending a North Deal meeting, commented on Stimson Grove, additional furlough days for Cal-Trans, and the reduction of the vehicle fleet. He also commented on Klamath Grade raise rehab, Last Chance Grade, Dr. Fine Bridge, Smith River Safety Project, and Highway 299. He reported on attending action summary, attending Chamber Mixer at Washington plaza, attending the grand opening of the Parks Maintenance Facility, meeting with Grant Wershkull and Supervisor Hemmingsen regarding Hurdygurdy, attending a Chamber Board meeting, fielding calls regarding renters growing marijuana, and commented that his nephew Jack William Sullivan was born.

Supervisor McNamer reported on attending a Senior Center Board meeting, meeting with constituents regarding animal problems, went camping up in Panther Flat for 4 days, attending the VFW annual picnic, and was asked to play on winter bowling league.

Supervisor McClure reported on meeting with a constituent regarding shrubbery on Arlington way and commended the Road department for their quick response, meeting with members of Yurok Tribe regarding the TIGER Grant, attending the Democratic Labor Day picnic, having a discussion with Margie Buckskin for a needle disposal program, and commented that school had started.

Supervisor Finigan reported on attending Airport JPA interviews, attending a Tri-Agency meeting regarding a synopsis of what has been done in the past year, attending the Parks Maintenance Facility opening, participating in the CASA golf tournament, attending an Airport JPA meeting regarding status reports, participating in a conference call with CSAC, attending a First 5 meeting where the budget was finalized, attending a meeting with Community Development and Supervisor Hemmingsen regarding the Coastal Commission certification hearing, attending a Yurok tribe meeting with Martha McClure regarding the TIGER grant and commented that school started.

Supervisor Hemmingsen reported on meeting with Meg Whitman in Arcata, participating in the Airport Construction Manager interviews, attending the dedication for the Parks Maintenance Facility, meeting with Grant Wershkull regarding the Hurdygurdy acquisition, meeting with Community Development regarding the airport terminal project, participating in agenda review, attending a  follow-up meeting with Grant Wershkull, attending an Airport JPA meeting, meeting with Heidi Kunstal regarding the Local Coastal Plan, and attending the Democratic Labor Day picnic.

 

2.     10:15 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.

CONSENT AGENDA

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

Action: The following two items were added to the Consent Agenda:

Approve the Agreement with Traffic Solutions, Inc. for road striping services and authorize the Chairman of the Board to sign the Agreement.

Approve the Agreement with Granite Constructions Co. for the supply of asphalt material and authorize the Chairman of the Board to sign the Agreement.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Consent Agenda.

 

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

3.     Approve and adopt a Proclamation honoring William G. Peepe.

Action: Approved

4.     Approve the Minutes from the July 21, 2009 Board of Supervisors meeting.**

Action: Approved

5.     Approve the Minutes from the August 11, 2009 Board of Supervisors meeting.**

Action: Approved

6.     Approve the reappointments of Steven Westbrook and Robert Tedsen as members of the Board of Directors for the Del Norte Resource Conservation District as requested by the Resource Specialist of the Del Norte Resource Conservation District.**

Action: Approved

7.     Appoint Elizabeth (Beth) Brown and Richard Day to the Local Mental Health Board as requested by the Director of Health and Human Services.**

Action: Approved

8.     Approve the Temporary Road Closure of the McBeth Subdivision as requested by the Yurok Tribal Chairperson.**

Action: Approved

9.     Approve and authorize the Chair to sign the Agreement with Del Norte Unified School District (DNUSD) for McCarthy Education Center Services for the period September 1, 2009 to June 30, 2010, not to exceed $31,834.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-166)

10. Approve and authorize the Chair to sign an Agreement with Del Norte Unified School District (DNUSD) for Mental Health Services for the period of September 1, 2009 to June 30, 2010, not to exceed $13,247.79 as requested by the Director of Health and Human Services.

Action: Approved (DNCO Agreement 2009-167)

REGULAR ITEMS

GENERAL GOVERNMENT:

11. Accept the attached applications from the Del Norte County Sheriff's Department Search and Rescue for Title III funding under P.L 1-10-343 for three requests in the amounts of $8,191.30, $16,543.85, and $59,912.50 and direct the Clerk of the Board to publish a description of each of the proposed projects in the local newspaper and to forward the proposed projects to the Resource Advisory Committee for their review and comment

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board accepted the attached applications from the Del Norte County Sheriff's Department Search and Rescue for Title III funding under P.L 1-10-343 for three requests in the amounts of $8,191.30, $16,543.85, and $59,912.50 and directed the Clerk of the Board to publish a description of each of the proposed projects in the local newspaper and to forward the proposed projects to the Resource Advisory Committee for their review and comment.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

12. Approve the Contract Change Order No. 1 for the El Dorado Street ADA Improvements Projects No. ESPL 5901(035) as requested by the Assistant Engineer.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board approved the Contract Change Order No. 1 for the El Dorado Street ADA Improvements Projects No. ESPL 5901(035).

 

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

13. Approve the Plans and Specifications for the Pebble Beach Drive Guardrail Installation & Replacement from 600 Feet to 1,600 Feet South of Washington Boulevard.  In addition, authorize the Chairman of the Board to sign the Plans and Specifications, and authorize staff to contract for this project utilizing the informal bid process as requested by the Assistant County Engineer.**

Action: On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Plans and Specifications for the Pebble Beach Drive Guardrail Installation & Replacement from 600 Feet to 1,600 Feet South of Washington Boulevard.  In addition, the Board authorized the Chairman of the Board to sign the Plans and Specifications, and authorized staff to contract for this project utilizing the informal bid process.

 

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

14. Approve the plans for the Pebble Beach Del Norte Coastal Trail Project: Parking Lots and Guardrail Replacement from Crescent City city limits to Washington Boulevard, and authorize the Chairman of the Board to sign them as requested by the Assistant Engineer.**

Action: Supervisor McClure recused herself from this item.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the plans for the Pebble Beach Del Norte Coastal Trail Project: Parking Lots and Guardrail Replacement from Crescent City city limits to Washington Boulevard, and authorized the Chairman of the Board to sign them.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       4              David Finigan, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

15. 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: Jeannine Galatioto wanted to remind the Board that Budget Hearing will open on September 15, 2009.  Also, she commented that there are pending bills in front of the Legislature regarding bankruptcy and the highway user tax.

Supervisor Finigan stated that the Legislature is scheduled to end its session on 9/11.

Gary asked that the 10% veto for Child Welfare Services be addressed.

16. Approve and authorize the Chair to sign a letter of support for the Yurok Tribe regarding a TIGER Grant.

Action: On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board approved and authorized the Chair to sign a letter of support for the Yurok Tribe regarding a TIGER Grant.  A supporting Resolution was asked to be put on the agenda for the September 15th Board meeting to be approved by the Board.

17. Direct staff to provide Sen. Feinstein a status report on the negotiations with Smith River Alliance in regards to the transfer of the property known as Hurdygurdy from private to public ownership.

Action: The Board directed staff to prepare and send a status report from the negotiating team to Senator Feinstein regarding negotiations with Smith River Alliance in regards to the transfer of the property known as Hurdygurdy from private to public ownership.

CAPITAL PROJECTS:

18. A Written Capital Projects Update. Information Only.**

Action: Jay Sarina, Assistant County Administrative Officer, stated that the Roy Rook Boat Launch Project is done and the ribbon-cutting will be on September 18, 2009 at 3 pm. He also gave updates on projects still in progress.

 

CLOSED SESSION

Held immediately after Regular Session

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), David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; and Coyle v. James Marmon, et al., DN Superior Court Case No. CVPM07-1572; Gregory Jones & Darlene Jones v. County of Del Norte, et. seq. US District Court, Northern District no. cv 08 3222BZ; Wigley v. Del Norte CVPI 06-1401; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; Tyler Dickson v. Del Norte County, Del Norte Superior Court # CVUJ-1485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; 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. 

 

 

 

 

 

ADJOURNMENT

Action: The Board adjourned to Closed Session at 10:50 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  September 11, 2009

 

 

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