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 29, 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

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 Finigan.

Action: Supervisor Finigan 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: Jeannine Galatioto, County Administrative Officer, 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 a Proclamation for the North Coast Stand Down be added to the Consent Agenda.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the request to add the item subsequent to the posting of the 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 Finigan reported on attending a meeting with the Airport Director regarding the terminal layout and coastal issues, attending a CSAC meeting in Sacramento, testifying at a hearing regarding the bottle bill, testifying regarding water bills, attending a special Airport JPA meeting, attending the American Fishing Foundation tournament, attending the Roy Rook Boat Ramp Ribbon-Cutting, attending the Del Norte Warrior Football game where his daughter participated in half-time, attending the RCRC Annual Meeting in Squaw Valley in which topics such as Prop 1A, SB67,Prop 39, and SB65 were discussed, and attending a CASA Board Meeting.

Supervisor McClure reported on attending a Revolving Loan Fund Committee meeting, commented that the Historical Society has launched the Ruby Van Deventer project, attending the Roy Rook Ribbon Cutting, commended Jay Sarina on his efforts, meeting with constituents regarding road issues and wetland issues, attending the LTCo meeting, working on the MLPA issues, meeting with John Wooley regarding Cal-Fire, attending the event for Democrat of the Year in Humboldt

Supervisor McNamer reported on attending a Future Facilities meeting regarding the fire in the Central Services building, attending a Revolving Loan Fund Committee meeting, attending the Roy Rook Ribbon Cutting, attending a LAFCO meeting, attending a Del Norte Senior Center Board meeting, and attending Joe Hoke's retirement party.

Supervisor Sullivan reported on meeting with constituents in Smith River regarding road issues, attending the Del Norte High School football game, attending his son's Back to School night, taking a tour of Last Chance Grade, attending the RCRC annual conference regarding number of issues, meeting with Gary Blatnick, Director of Health and Human Services, and Herman Spetzler from Open Door Community Health Center, and other members regarding adult day health care, speaking with Senator Aanestad's Chief of Staff regarding SB 67, commented on the Surf Contest this coming weekend as well as the upcoming Sea Cruise event, attending an LTCo meeting, and commented on the progress of Low Divide Road.

 

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.

3.     10:30 A.M. Continue Budget Hearings and adopt the budget for the County of Del Norte and special districts for which the Board of Supervisors has jurisdiction for the fiscal year 2009-2010 and adopt the appropriate Resolutions as requested by the County Administrative Officer

Action: Jeannine Galatioto, County Administrative Officer, presented the item and fielded questions from Board members.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board closed Budget Hearings and adopted the budget for the County of Del Norte and special districts for which the Board of Supervisors has jurisdiction for the fiscal year 2009-2010 and adopted the appropriate Resolutions.

 

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.     11:00 Receive a status report from Community Development staff on the Local Coastal Program and conduct a questions and answer session with members of the California Coastal Commission.

Action: Community Development staff and members of the Coastal Commission gave a status report to the Board and fielded questions. Topics of discussion included the applicability of the existing Categorical Exclusion from Coastal Development Permit requirements following Coastal Commission action on the LCP update and impacts to lands zoned A-5 relative to land divisions and residential development. There was also discussion about the language included in reference to the relationship with Fish and Game. The Executive Director of the Coastal Commission, Peter Douglas, stated that they would work closely with Community Development staff to come to an agreement with the issues.

CONSENT AGENDA

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

Action: Supervisor McClure recused herself from items #10 and #13 due to conflict of interest. Supervisor Sullivan recused himself from item #20 due to conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 5 through 25).

5.     Approve a Proclamation for Domestic Violence Awareness Month, October 2009.**

Action: Approved

Teri McCune-Oostra introduced the new members to the Harrington House.

6.     Approve a Proclamation Declaring October 2nd, 3rd, and 4th, 2009 as "Surf's Up Weekend" in recognition of the Fourteenth Annual Noll Longboard Classic.**

Action: Approved

Bev Noll spoke regarding the event.

7.     Approve the Minutes from the August 25, 2009 Board of Supervisor's Meeting.**

Action: Approved

8.     Approve the Minutes from the September 8, 2009 Board of Supervisor's meeting.**

Action: Approved

9.     Authorize staff to submit a Highway Safety Improvement Program (HSIP) funding application to the Department of Transportation for the installation of two (2) in-pavement lighted crosswalks, and authorize the Director and/or the Deputy Director of Community Development to sign documents necessary for submittal as requested by the Deputy Director of Community Development.**

Action: Approved

10. 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, to be completed by the County Road Division, and authorize the Chairman of the Board to sign them as requested by the Assistant Engineer.**

Action: Approved

11. Approval of a Resolution authorizing the County Agricultural Commissioner to sign a Memorandum of Understanding with the County of Humboldt for services and equipment used in the inspection and testing of various specialized weighing and measuring devices as requested by the Agricultural Commissioner.**

Action: Approved

12. Approve a Resolution authorizing the County Agricultural Commissioner to sign an agreement with the California Department of Food and Agriculture for Sudden Oak Death Enforcement and Investigation as requested by the Agricultural Commissioner.**

Action: Approved

13. Approve the Plans and Specifications for the project titled:  Pebble Beach Drive Guardrail Installation & Replacement from Crescent City city limits to Hemlock Avenue.  In addition, authorize the Chairman of the Board to sign the Plans a Specifications, and authorize staff to contract for this project utilizing the informal bid, negotiated contract, and process as requested by the Assistant Engineer.**

Action: Approved

14. Approve the revised 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 Specifications, and authorize staff to contract for this project utilizing the informal bid process as requested by the Assistant Engineer.**

Action: Approved

15. Approve the Agreement between the County of Del Norte and Elk Valley Rancheria for street lights on Howland Hill Road as requested by the Deputy Director of Community Development.**

Action: Approved

16. Approve and authorize the Sheriff to enter into a cooperative agreement with the United States Forest Service for park patrol and law enforcement for the fiscal year starting October 1, 2009 and ending September 30, 2010 as requested by the Sheriff-Coroner.**

Action: Approved

17. Approve and authorize the Sheriff to enter into a grant award agreement with the Department of Justice for the Fiscal Year 2009-2010 and 2010-201 as requested by the Sheriff-Coroner.**

Action: Approved

18. Approve and authorize the Chair of the Board of Supervisors to sign the First Amendment to Agreements for Bar-O Boys Ranch Placement with the following counties:  Siskiyou, Amador, Lake, Napa, Lassen, Humboldt, and Santa Cruz as requested by the Chief Probation Officer.**

Action: Approved

19. Approve the appointment of Tina McClendon and reappointment of Dohn R. Henion and Robert N. Black to the Del Norte County Law Library Board as requested by County Counsel.**

Action: Approved

20. Approve and authorize the Chair to sign the Agreement with Rural Human Service Inc. (RHS) for office space at the Del Norte Workforce Center (DNWC) from October 1, 2009 through June 30, 2010, not to exceed $52,650.00 as requested by the Director of Health and Human Services.**

Action: Approved

21. Approve and authorize the Chair to sign the Agreement with Pasquate Romano for Certified Child Abuse and Domestic Violence Prevention Services from July 1, 2009 through June 30, 2010, not to exceed $25,500.00 as requested by the Director of Health and Human Services.**

Action: Approved

22. Approve and authorize the Chair to sign the Agreement with Milhous Children's Services, Inc., Nevada City, CA for Children's Residential Treatment Services from July 1, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved

23. Approve and authorize the Chair to sign the Resolution and authorize the Department of Health and Human Services Director to sign the Agreement to Implement Friday Night Live Mentoring Program Grant and any amendments thereto with the California Friday Night Live Partnership as requested by the Director of Health and Human Services.**

Action: Approved

24. Approve and authorize the Chair to sign the Immunization Network of Northern California Amended Intergovernmental Agreement with the County of Butte for continued participation in the Immunization Network of Northern California as requested by the Director of Health and Human Services.**

Action: Approved

25. Approve and authorize the Chair of the Board of Supervisors to sign the Memorandum of Understanding by and between the County of Del Norte and the Del Norte County Unified School District to establish a partnership in order to administer vaccination to school age children for the seasonal and H1N1 influenza as requested by the County Administrative Officer.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

26. Authorize staff to install a stop sign on Pacific Avenue at the intersection of El Dorado Street as requested by the County Engineer.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board authorized staff to install a stop sign on Pacific Avenue at the intersection of El Dorado Street.

LEGISLATIVE AND BUDGET ISSUES:

27. 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 Finigan asked that the Board direct staff to draft letters with regards to SB 67 and 65.

28. Consider, discuss, and adopt the final budget for Special Aviation for 2009/10, as approved and adopted by the BCRAA, and as requested by the Airport Director.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board considered, discussed, and adopted the final budget for Special Aviation for 2009/10, as approved and adopted by the BCRAA.

CAPITAL PROJECTS:

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

Action: A Written Capital Projects Update was given. Information Only.

ADJOURNMENT

Action: The meeting adjourned at 12:33 p.m.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 2, 2009

 

 

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