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, October 13, 2009

    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), 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. 

 

 

 

 

 

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 but did mention that there was a consideration of initiation of litigation that will be discussed at the end of the meeting in 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 McClure reported on meeting with Jay Sarina, Assistant County Administrative Officer regarding the MLPA process, attending the Redwood Futures meeting at Humboldt State, participating in a biomass reduction discussion, meeting the Head Forester from Redwood National Park and the Lead Researcher from Humboldt State, meeting the photographer for National Geographic, and requested a possible roundtable with the Board of Supervisors regarding the concept of a community forest.

Supervisor McNamer reported on the Republican Women's Luncheon where Rob Arkley was the key speaker, attending action summary for Supervisor Sullivan, attending a 2x2 meeting with the Smith River Rancheria, traveling to Sacramento for a CMSP meeting, attending Sea Cruise, and attending the Sea Cruise dance.

Supervisor Sullivan reported on attending a Cal-Endowment meeting, attending a Smith River Gym committee meeting, touring the county parks in District 3 with Ed Fulton, attending the Redwood Futures meeting with Supervisor McClure, attending the Habitat for Humanity dinner, attending a 2x2 with Supervisor McNamer for the Smith River Rancheria, participating in a teleconference with Area 1 Agency on Aging, attending a LTCo meeting, attending the Sea Cruise, attending a meeting regarding Adult Day Health Care.

Supervisor Finigan reported on attending the Redwood Futures meeting in Humboldt, attending a Coordination meeting with Supervisor Hemmingsen and the Forest Service regarding road issues, attending a Tri-Agency meeting, attending an Airport JPA meeting, attending a meeting in Oceanside to speak to the Coastal Commission with Heidi Kunstal, Senior Planner, attending a lunch with First 5, attending Sea Cruise, and mentioned that 4 birthdays in his family were celebrated.

Supervisor Hemmingsen reported on attending the webinar MPA meeting, attending a Coordination meeting with the Smith River NRA, attending a Republican Women's luncheon where Rob Arkley spoke, attending a Border Coast Regional Airport authority meeting, meeting with Fish and Game, attending a meeting for the Dungeness Crab Task Force, and attending a Local Mental Health Board meeting.

 

2.     10:10 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.

3.     10:20 A.M. Approve and adopt the following Resolutions:  Honoring Ernest Perry, Retiring Director of Community Development, Honoring Lynn Mitchell, Retiring Assistant Treasurer/Tax-Collector; Honoring Pamela Owen, Retiring Staff Services Analyst; Honoring Margie Clark, Retiring Supervising Laundry Worker; Honoring Joseph Hoke, Retiring Road Superintendent; Honoring Wilma Madden, Retiring Administrative Assistant; Honoring Frank Madden, Retiring Grade Checker/Relief Equipment Operator; Honoring Michael Seamen, Retiring Sheriff's Sergeant.

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved and adopted the following Resolutions:  Honoring Ernest Perry, Retiring Director of Community Development, Honoring Lynn Mitchell, Retiring Assistant Treasurer/Tax-Collector; Honoring Pamela Owen, Retiring Staff Services Analyst; Honoring Margie Clark, Retiring Supervising Laundry Worker; Honoring Joseph Hoke, Retiring Road Superintendent; Honoring Wilma Madden, Retiring Administrative Assistant; Honoring Frank Madden, Retiring Grade Checker/Relief Equipment Operator; Honoring Michael Seamen, Retiring Sheriff's Sergeant.

 

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: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Consent Agenda, Items #4 through #18.

 

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

4.     Approve a Proclamation for International Credit Union Day, October 15, 2009.

Action: Approved

5.     Authorize the Airport Director to go out to bid for the runway re-striping of Klamath, McBeth Field as per Caltrans approved County Engineer's Plans & Specs as requested by the Airport Director.**

Action: Approved

6.     Approval of a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for Weighmaster and Petroleum Enforcement as requested by the Agricultural Commissioner.**

Action: Approved

7.     Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. to provide Transitional Housing Placement Program (THPP) services for the period July 1, 2009 to June 30, 2010, not to exceed $2,747.50 per month per designated minor as requested by the Director of Health and Human Services.**

Action: Approved

8.     Approve the contract award of the Pebble Beach Drive Guardrail Installation & Replacement from 600 Feet to 1,600 Feet South of Washington Boulevard to Apex Fence Co. and authorize the Chairman of the Board to sign it as requested by the Assistant Engineer.**

Action: Approved

9.     Approved and adopt a Resolution APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER'S PROPOSITION 1A RECEIVABLE FROM THE STATE AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH as requested by the County Administrative Officer.**

Action: Approved

10. Approve and authorize the Chair of the Board of Supervisors to sign the First Amendment to the Agreement for Bar-O Boys Ranch Placement with Mendocino County as requested by the Chief Probation Officer.**

Action: Approved

11. Approve a three-year Professional Services Agreement with Bid4Assets, Inc. to provide advertising and website services for a Public Auction of Tax-Defaulted Properties and authorize Dawn M. Langston, Del Norte County Treasurer/Tax Collector to sign the Agreement as requested by the Treasurer-Tax Collector.**

Action: Approved

12. Accept funding from the Resources Legacy Fund Foundation in the amount of $50,000 or less for the hiring of an independent contractor to provide coordination and collaboration between stakeholders and during the development of Marine Protected Areas for the North Coast Study Region, and direct staff to negotiate an agreement with Zack Larson and Associates to provide said service in two phases beginning in October of 2009 and ending approximately October of 2010 as requested by the Assistant County Administrative Officer.**

Action: Approved

13. Approve the revised Sheriff's Policy in regards to the Reserve Deputy Sheriff's Program as requested by the Sheriff-Coroner.**

Action: Approved.

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Approve the expenditure of Title III funds in the amount of $43,380.00 for the Bar-O Boys Ranch Community Service Work Camp project under P.L. 106-393 as requested by the Director of Community Development.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board approved the expenditure of Title III funds in the amount of $43,380.00 for the Bar-O Boys Ranch Community Service Work Camp project under P.L. 106-393.

 

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

15. Appoint Jeannine Galatioto as Interim County Administrative Officer for a period ending in January of 2010.

Action: On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board appointed Jeannine Galatioto as Interim County Administrative Officer for a period ending in January of 2010.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

16. Approve the extension of the two 4 hour road closures on South Fork Road from the hours of 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. until December 15, 2009, for the Federal Highway Administration (FHWA) contractor to finalize work on Site A as requested by the County Engineer.**

Action: Public Comment was heard from Jerry Cochran.

County Engineer, Art Reeve stated that since the submittal of the Board Report, the recommendation has changed. On his request, the Board amended the recommendation to read that there be a 90 day credit allotted for any additional road closures as necessary with the understanding that the Road Department have access at all times. Also included in the motion was that the residents of the area be notified within a timely manner. On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved this recommendation.  It was also asked that representatives from the Federal Highway Administration attend the next two Board meetings with updates.

LEGISLATIVE AND BUDGET ISSUES:

17. 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: Chair Hemmingsen requested that a letter of support be drafted for the Rod and Gun Club Generator Grant.

CAPITAL PROJECTS:

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

Action: Jay Sarina, Assistant County Engineer gave updates on projects with regards to a Coastal Commission permit, the progress of the fence at Point St. George, and an update on the G Street building.

ADJOURNMENT

Action: Reconvene to Closed Session to conduct Interviews for the position of the Director of Community Development

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 16, 2009

 

 

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