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, December 22, 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; Jones & Jones v. County of Del Norte, et. seq. US District Court, Northern District # 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; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; 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.  Appointment of the position of Director of Community Development.

 

 

 

 

 

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 and the Clerk took silent roll noting that all were present.

·        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: Kevin Hamblin was introduced as the new Director of Community Development.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel reported that on a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board authorized the County to initiate litigation and intervention on the case of JHP LLC v Japp, Del Norte Superior Ct No. 09-1438. Jeannine Galatioto reported that on a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board unanimously appointed Kevin Hamblin to the position of the Director of Community Development. (DNCO Agreement 2009-227)

·        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: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board added a letter to the agenda from the Smith River Rancheria regarding the MLPA process as an urgency item that needed to be addressed before the next Board of Supervisors meeting.

Motion: Move to Approve

Move: David Finigan

Second: Michael Sullivan

Chair Hemmingsen pulled Item 9 from the Consent Agenda and tabled Item 20 for further discussion.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the County to send a letter of support for the Smith River Rancheria regarding the MLPA process.

 

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 McClure reported on attending a Solid Waste Management Authority and commented that the proposal for bids will be out soon, attending a Revolving Loan Committee meeting, attending an Automation Information meeting, attending the Needash Ceremony for the Smith River Rancheria, and that both her children were home for the holidays. Supervisor McClure requested that the Engineering Department do a traffic analysis at the corner of Pebble Beach and Washington for a potential four-way stop.

Supervisor McNamer reported on attending a  Solid Waste Management Authority meeting, attending a Revolving Loan Committee meeting, attending an Automation Information meeting, attending an IGRC meeting, and commented on taking a tour of the new Wastewater Management Treatment Facility, attending a Future Facilities meeting, attending the VFW Christmas party, and attending the 8th grade Girl's JC Tournament.

Supervisor Sullivan reported on meeting with Jim Bernard regarding the airport fencing project in Gasquet, attending an LTCo meeting, participating in Action Summary, attending a tourism meeting that include the BID district, the Chamber, the City, and the County, attending a Chamber Board meeting where the new President was elected, commented that Ruth Coleman wants to reclassify the area north of Tolowa Dunes from a State Park to a State Recreation Area regarding the duck hunting issue, meeting with Laura Olson, the representative for Cal-Endowment, commented on the letter from Smith River Rancheria on the  MLPA issue, and commented that he is looking forward to Christmas.

Supervisor Finigan reported on attending a First 5 meeting, meeting with the Probation Department and the Tribal Court, participating in a conference call with CASA, traveled to Sacramento for an RCRC Board meeting  regarding the landscaping ordinance that will take effect in Del Norte County, commented that Don Peterson passed away and will be sorely missed, commented on a workshop for California Constitutional Reforms, commented that the new budget from the Governor will be out on January 8th and that it will be in the red which means the Courts, Sheriff Department, Jails, and Corrections will be hit financially. He commented that there is a new Director of Finance in the Governor's cabinet, commented that we need to take a look at our Transient Occupancy Tax Ordinance, attending a meeting in San Francisco with the Forest Service and Feinstein's staff regarding Hurdy Gurdy, touring the Lighthouse Community Church, visiting Totem Villa and observing the new mini family community center, speaking with John Wooley and Wes Chesbro regarding the airport, and attending a Christmas Party at the Smith River Rancheria.

Supervisor Hemmingsen reported on meeting with the Assistant County Administrative Officer and Pacific Power staff regarding a utilities easement, meeting with the Citizen's Advisory Committee at Pelican Bay, attending meeting with Grant Werschkull, attending an LTCo meeting, traveling to Redding for a Coordination meeting with Fred Grant, attending a meeting with the Senior Planner regarding the Beechly project, attending a Future Facilities meeting regarding the Jail and HVAC, attending an RC&D meeting in Smith River, participating in agenda review, attending a meeting in San Francisco with Jeannine Galatioto, County Administrative Officer, Jay Sarina, the Assistant County Administrative Officer, Gerry Cochran, Tyrone Kelley, Senator Feinstein's Chief of Staff in San Francisco, representatives from Smith River Alliance, Patty McCleary and Grant Werschkull, and the property owner and commented on that there were great conversations with the  Forest Service support for airport, biomass, etc, but commented that there were some point that were not agreed upon and the process was ongoing, and celebrated his son's birthday on Sunday.

 

2.     10:00 A.M. Introduction of Larry Young, the new Operational Manager for Pacificorp.

Action: Larry Young was introduced to the Board as the new Operational Manager for Pacificorp.

3.     10:30 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 given by Zack Larson, Pat Higgins, Gary Blatnick, Kirk Sparks, and Victoria Dickey.

CONSENT AGENDA

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

Action: Item #9 was pulled from the agenda.

Supervisor Sullivan recused himself from item #12 for a conflict of interest.

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

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve the Minutes from the December 8, 2009 Board of Supervisors' meeting.**

Action: Approved

5.     Approve an agreement for election services between the City of Crescent City and Del Norte County Election Department for election services as requested by the County Clerk/Recorder.**

Action: Approved (DNCO Agreement 2009-228)

6.     Approve and adopt the attached Resolution authorizing submittal of an application to the California Energy Commission for funding; consideration of CEQA compliance; and if selected authorize the County Administrative Officer to execute all contracts, agreements, and amendments thereto as requested by the Assistant County Administrative Officer.**

Action: Approved (DNCO Agreement 2009-130)

7.     Approve and authorize the County Administrative Officer to sign an Agreement with Sutter Coast Hospital for Blood Draw Services.**

Action: Approved (DNCO Agreement 2009-229)

8.     Approve and authorize the Chair to sign an agreement between Sutter Coast Hospital and the County of Del Norte for services on behalf of County juvenile detainees as requested by the County Administrative Officer.**

Action: Approved (DNCO Agreement 2009-230)

9.     Adopt the proposed fee schedule increase for the Clerk/Recorder's Office pursuant to Senate Bill 676, Chapter 606 from the Statutes of 2009 as requested by the Acting County Clerk/Recorder.**

Action: This item was pulled from the agenda.

10. Approve and authorize the Chair to sign the Agreement with the California Department of Public Health (CDPH) for the 2009-10 Center for Disease Control and Prevention (CDC) Public Health Emergency Response (PHER) H1N1 Phase III Allocation for the period July 31, 2009 through July 30, 2010, not to exceed $142,962.00 as requested by the Director of Health and Human Services.**

Action: Approve (DNCO Agreement 2009-231)

11. Approve and authorize the Chair to sign the Non-Supplantation Certification Form and Funding Agreement with the California Department of Public Health (CDPH) for the 2009-10 Center for Disease Control and Prevention (CDC) Public Health Emergency Preparedness (PHEP), State General Fund (GF), Pandemic Influenza, HHS Hospital Preparedness Program (HPP), CDC Public Health Emergency Response (PHER) Phase I and II, HPP H1N1 funding totaling $571,798.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-232)

12. Approve and authorize the Chair to sign a Lease Agreement with George M. Mavris for Department of Health and Human Services, Alcohol and Other Drug Programs' office space located at 540 H Street as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-233)

13. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for High Risk Pest Exclusion inspection activities as requested by the Agricultural Commissioner.**

Action: Approved (DNCO Resolution 2009-130) (DNCO Agreement 2009-234)

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Submit a letter to the Department of Water Resources by January 31, 2010 agreeing to enforce the Model Ordinance until an alternative local ordinance is adopted; and draft and alternative local ordinance that will be reviewed for compliance with State law by County Counsel prior to submittal to the Planning Commission and Board of Supervisors as requested by the Senior Planner.**

Action: No action was taken.

15. Receive a presentation regarding an overview of Cellulosic Ethanol and take action as necessary.**

Action: A Presentation was given by Bill Renfroe, the Executive Director of Tri-Agency.

16. Receive a presentation on Tri-Agency Economic Development Authority and take action as necessary.**

Action: A presentation was given by Bill Renfroe, Executive Director of Tri-Agency.

17. Approve and authorize the Chair to sign an amendment to the Memorandum of Understanding between the County of Del Norte and Tri-Agency Economic Development Authority.**

Action: This item was requested to be pulled and presented at the next Board meeting on the 29th of December, 2010.

BUDGET TRANSFERS:

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved the Budget Transfer.

 

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

18. Approve a Budget Transfer (12-02) in the amount of $253,160.00 as requested by the Sheriff-Coroner.**

LEGISLATIVE AND BUDGET ISSUES:

19. 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 McClure suggested that the Board send a letter to the new speaker of the Assembly congratulating him on his election.

20. Approve and authorize the Chairman to sign a letter of support for the City's wastewater treatment plant.

Action: The Chairman requested that staff bring back a letter on the first meeting in January for approval. No action was taken.

21. Discussion regarding the proposed Special Session on December 29, 2009 and take action as necessary.

Action: The meeting for December 29, 2009 was confirmed.

CAPITAL PROJECTS:

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

Action: An update was given by Jay Sarina, Assistant County Administrative Officer. Information Only.

ADJOURNMENT

Action: The Board members adjourned back in to Closed Session.

The meeting adjourned at 12:50 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  December 23, 2009

 

 

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