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 27, 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:     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), 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.

Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk took silent roll noting that all were present with the exception of Supervisor McNamer.

·        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.

·        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 that an item be placed on the agenda regarding the removal of the Cypress Trees in front of the courthouse.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board added the item to the agenda.

By Consensus,staff was directed by the Board to send a letter to the City with the County's arborist report attached, with a request that the City proceed with due diligence on the health of the trees.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, 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 participating in  interviews for candidates for the position of the Director of Community Development , attending an IGRC meeting, attending the physicians reception at the Hampton Inn, attending a Treasury Oversight Committee meeting as a public member, attending a Cal-Endowment meeting, meeting with Gary Blatnick, Clark Moore, Geneva Wiki, Cheyenne Speltzer, and Laura Olson regarding health improvements in the community and the Healthcare District, participating in agenda review for Supervisor Hemmingsen, attending the Cookies for Cops mixer, participating in the Disaster Service Worker class, participating in action summary, attending the  Green Day reception at Elk Valley Rancheria, attending Ernie Perry's retirement party, and commented on dealing with duck hunting issues which will be brought up later in the agenda.

Supervisor McClure reported on attending a Solid Waste Management Authority meeting followed with a three hour meeting as an Ad-Hoc committee regarding the preparation of an RFQ, attending a Cal-Endowment meeting, attending the Green Day event at Elk Valley Rancheria, attending the Farmer's Market, attending the Wes Chesbro event, attending Ernie's retirement party, meeting with the Juvenile Justice Commission and Susie Minx from CASA regarding foster care, participated in the Disaster Service Worker training and took the additional tests, commented on the Public Hearing on the CDBG Technical Assistance Planning, has agreed to participate with the Redwoods Park Association as a member of their Board, and commented on the MLPA proposal.

Supervisor Finigan reported on attending a NACO Western Interstate meeting regarding setting goals and priorities for the coming year, commented that some of these goals were funding for Secure Rural Schools and PILT, forest management, support for the transportation bill, having a national energy policy, and sustainability of federal forest land, attending a Treasury Oversight Committee meeting, participating in the OES Disaster Service Worker training, attending an Elk Valley Rancheria 2x2 meeting, attending a meeting with CASA, attending RCRC Executive Board meeting, attending a joint meeting with the Urban County Caucus and the Rural County Caucus, commented on receiving an update from the water attorneys regarding water laws, attending a meeting with Wes Chesbro regarding smaller schools, attending Ernie Perry's retirement party, and attending a CASA Board meeting.

Supervisor Hemmingsen reported on participating in the Director of Community Development interviews, and thanked staff for doing the preliminary screening, attending a  meeting at the Airport in which the Oregon Department Of  Transportation participated, attending a Planning Commission meeting for the Local Coastal permit for the building of the terminal, attending a  port meeting for crab fisherman, attending a  meeting with George Williamson from LAFCO,attending a  2x2 meeting with the Elk Valley Rancheria, commented that he gave blood, commented on spending two days in Ukiah regarding the Dungeness Crab Task Force, participating in a teleconference with Kimberly Carringer regarding conflict resolution with Forest Service roads, participating in the Disaster Service Worker training, attending Ernie Perry's retirement, meeting with the airport manager/director, the County Administrative Officer and the Border Coast Regional Airport regarding the master lease, attending a LAFCO meeting regarding the  sphere of influence for certain districts.

 

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: Public Comment was heard from Leslie Hinkley regarding the speed limit on Pacific Avenue.

3.     10:30 A.M. Conduct a Public Hearing to review and approve the request to modify conditions #13 and #15 on the Coastal Development Permit for Candy Gallo at APN 101-090-06 as requested by the County Engineer.**

Action: Supervisor Finigan recused himself from this item due to a conflict of interest.

Chair Hemmingsen opened the Public Hearing.

Art Reeve, County Engineer, presented the item.

Keith Sellers gave Public Comment.

Supervisor McClure clarified that since the entire Board was not present, there was an option to have this matter moved to the next Board meeting.

Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board conducted a Public Hearing to review and approved the request to modify conditions #13 and #15 on the Coastal Development Permit for Candy Gallo at APN 101-090-06.

 

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

4.     10:45 A.M. Approve a Forest Management Plan prepared for the Edward Tollefson Property by Erler Forestry Service dated June 1, 2009 and approve the Minor Subdivision (MS0909) as requested by the Senior Planner.**

Action: Heidi Kunstal, Senior Planner, presented the item.

No Public Comment was given.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved a Forest Management Plan prepared for the Edward Tollefson Property by Erler Forestry Service dated June 1, 2009 and approve the Minor Subdivision (MS0909).

 

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

5.     11:00  Receive a presentation by the Federal Highway Administration regarding an update on the South Fork Road Project.

Action: A presentation was given by Tim Marshall, Project Engineer/Manager regarding the progress on the South Fork Road Project.

CONSENT AGENDA

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

Action: Supervisor Sullivan recused himself from Item #8 due to conflict of interest.

Supervisor McClure recused herself from Item #22 and #27 due to conflict of interest

Item #16 was removed completely from the agenda due to the fact that it was approved on the previous agenda.

Item #28 was removed from the Consent Agenda and placed under General Government.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved the Consent Agenda, items #6 through #27

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

Vote Yea:       4              Michael Sullivan, David Finigan, Martha McClure, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve and adopt the Minutes from the September 29, 2009 Board of Supervisors meeting.**

Action: Approved with corrections.

7.     Approve and adopt the Minutes from the October 13, 2009 Board of Supervisors meeting.**

Action: Approved

8.     Re-appoint the Public Member to the Airport Authority Board and adopt the attached Resolution as well as appoint an alternate member for each Board member.**

Action: Approved

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

Action: Approved (DNCO Agreement 2009-191)

10. Approve and authorize the Sheriff to enter into an agreement with Sutter Coast Hospital for health services as requested by the Sheriff-Coroner.**

Action: Approved (DNCO Agreement 2009-192)

11. Approve and authorize the Sheriff to enter into an agreement with the State of California, Department of Boating and Waterways for the fiscal year 2009-2010 as requested by the Sheriff-Coroner.**

Action: Approve (DNCO Agreement 2009-193

12. Approve and authorize the Sheriff to enter into a cooperative agreement with the United States Forest Service as requested by the Sheriff-Coroner.**

Action: Approve (DNCO Agreement 2009-194

13. 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 Tehama County as requested by the Chief Probation Officer.**

Action: Approved (DNCO Agreement 2009-195)

14. Approve the Treasurer's 2010 Statement of Investment Policy and adopt the Resolution of the Board of Supervisors of the County of Del Norte Delegating Investment Authority to the County Treasurer.**

Action: Approved (DNCO Resolution 2009-112)

15. Approve and adopt a Resolution establishing a revolving fund within the Assessor's office for $30.00, per request by the County Assessor.**

Action: Approved

16. Approve and adopt 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: This item was taken completely off the agenda.

17. Approve and authorize the Chair to sign the attached Agreement with the Regents of the University of California, Davis (University) for Peer Quality Case Review (PQCR) staff technical assistance not to exceed $15,500.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-196)

18. Approve and authorize the Chair to sign the First Amendment to Agreement #2009-116, with BHC Heritage Oaks Hospital in Sacramento, CA for Psychiatric Inpatient Hospital Services from July 1, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-197)

19. Approve the Engineering and Traffic Survey results on Washington Boulevard from Northcrest Drive to Parkway Drive and retain the speed of 35 miles per hour (MPH) as requested by the County Engineer.**

20. Approve and authorize the Chair to sign the Agreement with the California Department of Social Services to reimburse the County for interim assistance paid to qualified individuals pursuant to Section 1631 (g) of the Social Security Act, beginning July 1, 2008 and automatically renewed for successive periods of five (5) years thereafter commencing on July 1st of each such year as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-198)

21. Approve and authorize the Director of the Department of Health and Human Services to sign the Agreement with the Trustees of the California State University, on behalf of Humboldt State University (University), for a Social Work Program utilizing the Department of Health and Human Services for supervised community experience from July 1, 2009 through June 30, 2014 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-199)

22. Approve the Agreement for Coordination Efforts for the Marine Life Protection Act Initiative with Larson and Associates as requested by the Assistant County Administrative Officer.**

Action: Approved (DNCO Agreement 2009-200)

23. Approve the Dell Financial Services Lease Proposal and authorize the County Administrative Officer to execute a lease agreement with Dell Financial Services in the amount of $45,084.67 to acquire a network server system as requested by the Director of Information Technology.**

Action: Approved

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

Action: Approved (DNCO Agreement 2009-202)

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

Action: Approved (DNCO Agreement 2009-202)

26. Approve and authorize the Chair of the Board of Supervisors to sign the agreement with Gino deSolenni for improvements to the Juvenile Hall fence as requested by the Chief Probation Officer.**

Action: Approved (DNCO Agreement 2009-206)

27. Approve the contract award of the Pebble Beach Drive Guardrail Installation & Replacement from Crescent City city limits to Hemlock Avenue Project to Apex Fence Co. and authorize the Chairman of the Board to sign it as requested by the Assistant Engineer.**

Action: Approved (DNCO Agreement 2009-205)

28. Approve and authorize the Chair to sign the Agreement with Kings View Corporation to provide Telepsychiatric Services for the period of November 1, 2009 to June 30, 2010,  not to exceed $133,120.00 as requested by the Director of Health and Human Services.**

Action: This item was removed from Closed Session and placed under General Goverment to be voted on separately

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign the Agreement with Kings View Corporation to provide Telepsychiatric Services for the period of November 1, 2009 to June 30, 2010,  not to exceed $133,120.00.

Approved (DNCO Agreement 2009-204)

 

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

REGULAR ITEMS

GENERAL GOVERNMENT:

29. Direct staff to draft and send a letter to Ruth Coleman, Director of State Parks, in support of the inter-agency agreement with Fish & Game to allow Fish and Game management, including duck hunting, on the area North of Kellogg Road/Pala Slough as requested by Supervisor Sullivan.

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board directed staff to draft and send a letter to Ruth Coleman, Director of State Parks, in support of the inter-agency agreement with Fish & Game to allow Fish and Game management, including duck hunting, on the area North of Kellogg Road/Pala Slough as well as forwarding a copy to the Director of Fish and Game, Mike Crisman, RCRC, CSAC, Senator Aanestad, and Assemblyman Chesboro.

 

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

30. Approve the Plans and Specifications for CSA 1 Sewer Rehabilitation and authorize staff to advertise for bids as requested by the County Engineer.**

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Plans and Specifications for CSA 1 Sewer Rehabilitation and authorized staff to advertise for bids.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

31. Approve a Budget Transfer (10-01) in the amount of $2,198.00 within the Agricultural Department as requested by the Agricultural Commissioner.**

Action: On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board approved a Budget Transfer (10-01) in the amount of $2,198.00 within the Agricultural Department.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

32. 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, County Administrative Officer, stated that an item regarding a securitization agreement be added to the agenda.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the item was added to the agenda.

On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board directed staff to add the components of the three Flood Control Districts to our securitization agreement with California Communities.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

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

Action: Jay Sarina, Assistant County Administrative Officer, gave an update on ongoing and upcoming projects. Information only.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 30, 2009

 

 

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