ACTION SUMMARY

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

 

                                 CRESCENT CITY, CA  95531

 

 

REGULAR MEETING

Tuesday, February 23, 2010

    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.  Continue interviews for the position of County Administrative Officer.

 

 

 

 

 

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 reported no action 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: Supervisor Sullivan requested that a Resolution for recognition of the Del Norte Plaza Communitaria be added as an urgency item.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board added the item as an urgency item.

This item was tabled for further research.

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 Klamath Chamber of Commerce meeting regarding Neighborhood Watch and Anti-Meth, meeting with the Yurok Tribe regarding the fish harvest, attending an Airport JPA meeting, attending an RCRC Executive Board meeting regarding pending legislation, meeting with Cal EMA regarding funding, meeting with Jim Brown, Regional Manager of Cal EMA regarding lack of cooperation of other agencies, meeting with Ken Worman, the State Hazard Mitigation Officer for FEMA, meeting with the Board of Forestry regarding Cal-Fire and why it's trying to get trustee status, meeting with Cal-Fire, attending a meeting regarding AB 85, attending a Wild Rivers Community Luncheon at the Lighthouse Community Center, and attending the Crab,Wine, and Cheese Festival at the Cultural Center

Supervisor McClure reported on attending a Redwood Coast Transit Authority Meeting, attending a Solid Waste Management Authority meeting, participated in the Redwood Mural Society event, commented on a event with Jobs daughters, stated that she was in the process of reviewing issues with ESHA and the Coastal Commission, participating in the City/County meeting, following the MLPA process, continuing to review the Klamath Dam issue, working with the Engineering department on a plan to improve the intersection at Pebble Beach Drive and Washington, and remarked that she was studying the new building requirements.

Supervisor McNamer reported on attending a briefing on earthquake and tsunami preparedness regarding the March 24th drill, attending a Solid Waste Management Authority meeting where she was elected Chair, meeting with Grant Wershkul regarding Hurdygurdy, working at the Redwood Mural Society event, going with Jeff Daniels, Road Superintendent, on some of her district roads and discussing upcoming projects and some of her issues with certain roads, attending a LAFCO meeting regarding a continued public hearing on the sphere of influence as well as electing a new Chair and Vice Chair, attending a City/County meeting, commented that she is in the process of working with Community Development and code enforcement regarding large commercial vehicles parking in residential areas, and mentioned that she has spent 16 hours at the hospital in the past week and complimented the staff in the ER for their hard work.

Supervisor Sullivan reported on having the flu, attending the City/County meeting, attending a tour of the Wastewater Treatment Plant, meeting with Supervisor Hemmingsen and the State Parks regarding combined-use roads, attending Action Summary, meeting with Grant Wershkul regarding Hurdygurdy, commented that that his brother Joe was recently sworn in as a police officer for the Crescent City Police Department, attending Agenda Review for Supervisor Hemmingsen, mentioned that he was elected Chair of LTCo, meeting with Mary Kay Vandiver regarding complaints, commented on an upcoming meeting at the Grange, taking a tour of the roads in his District with Jeff Daniels, attending the Manos Unidos Plaza Communitaria event, attending Jim Waldvogel's retirement dinner, attending the Crab, Wine, and Cheese festival, reading through the KBRA agreement, reported that he is still dealing with the duck hunting issue, pursuing the PIA contract issue at Pelican Bay, dealing with a Cal-Fire issue regarding fines on local developers, remarked that he would like to have the Board vote on speed tables for Gasquet Flat Road, and is still waiting to get news on Gasquet Airport walking path.

Supervisor Hemmingsen reported on attending a 2x2 with the State Parks regarding combined use roads, commented on an upcoming meeting at the Grange regarding combined-use roads, meeting with the Citizen's Advisory Committee, attending a port meeting for crab fisherman, attending an LTCo meeting, comment on being invited to the local horse group meeting to which he attended and gave a presentation, attending a workshop with the Yurok Tribe regarding their fish harvesting, meeting with Grant Werschkul regarding Hurdygurdy, spending a couple days in Ukiah to attend a Dungeness Crab Task Force meeting, thanked Supervisor Sullivan for filling in for him in his absence, attending Jim Waldvogel's retirement dinner, attending a LAFCO meeting where he was elected chair, and attending the City/County meeting.

 

2.     10:25 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 Jamie Yarborough and Michael Hollrigel, PE.

Patti Vernelson, Director of First 5 Del Norte, introduced two new VISTA members: Jill Meyer and Angela Glore.

CONSENT AGENDA

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

Action: No Public Comment was given.

Supervisor Sullivan recused himself from Item 9.

Item #12 was pulled for seperate discussion.

County Counsel stated that additional wording needed to be added.

Motion: Move to Approve

Move:   David Finigan

Second: Leslie McNamer

Ayes:           5              Supervisors McClure, Sullivan, McNamer, Finigan, Hemmingsen

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 3-11, and 13)

3.     Approve the Minutes from the January 26, 2010 Board of Supervisors meeting.**   Document

Action: Approved

4.     Approve appointments for the Del Norte County Solid Waste Task Force.**   Document

Action: Approved

5.     Approve a contract in the amount of $9,862.50 with Alves Incorporated for the demolition and removal of the structure located at 595 G St., Crescent City, CA and authorize the Chair to sign as requested by the Assistant County Administrative Officer.**   Document

Action: Approved (DNCO AGR 2010-023)

6.     Approve the Third contract amendment with Stover Engineering to provide engineering/design and construction management services for the Townsite Boat Launch Repair Project, and authorize the Chair to sign the Amendment as requested by the Assistant County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-024)

7.     Approve and authorize the Chair to sign the Agreement with Crescent Fire Protection District for emergency preparedness equipment, supplies and training for the period of February 1, 2010 to August 9, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-025)

8.     Approve and authorize the Chair to sign the Agreement with United Indian Health Services, Inc (UIHS) for emergency preparedness equipment, supplies and training for the period of February 1, 2010 to June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-026)

9.     Approve and authorize the Chair to sign the Agreement with Del Norte Ambulance, Inc. for emergency preparedness training for the period of February 1, 2010 to June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-027)

10. Approve and authorize the Chair to sign the Agreement with Sutter Coast Hospital for emergency preparedness equipment, supplies and training for the period February 1, 2010 to June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-028)

11. Approve and authorize the Chair to sign the Agreement with American Red Cross Del Norte County Chapter (ARCDN) for emergency preparedness equipment, supplies, and training for the period of February 1, 2010 to June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-029)

12. Approve and authorize the Chair of the Board of Supervisors to sign the contract with Scott Hoxeng and James Fallman, Attorneys at Law for public defender services, to be paid at a base rate of $100 per hour for the first (30) hours per month and $75 per hour for each additional hour.  The contract for services commences June 1, 2010 and terminates June 30, 2012 with an automatic renewal clause for an additional year unless either party gives ninety (90) day notice as requested by the Interim County Administrative Officer.**   Document

Action: This item was pulled in order to add additional wording.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved and authorized the Chair of the Board of Supervisors to sign the amended contract with Scott Hoxeng and James Fallman, Attorneys at Law for public defender services, to be paid at a base rate of $100 per hour for the first (30) hours per month and $75 per hour for each additional hour.  The contract for services commences June 1, 2010 and terminates June 30, 2012 with an automatic renewal clause for an additional year unless either party gives ninety (90) day notice

Approved (DNCO Agreements 2010-030 and 2010-031)

13. Approve and authorize the Chair to sign the second amended Border Coast Regional Airport Authority Joint Powers Agreement as requested by the Airport Director.**   Document

Action: Approved (DNCO Agreement 2010-032)

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Approve the Subrecipient Agreements with the Crescent City Harbor District to implement portions of the County's 2009 Over-the-Counter Component of the Economic Development Allocation Community Development Block Grant and; Authorize the County Administrative Officer to execute the Subrecipient Agreements and all other necessary documents associated with the agreement as requested by the Interim County Administrative Officer.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Subrecipient Agreements with the Crescent City Harbor District to implement portions of the County's 2009 Over-the-Counter Component of the Economic Development Allocation Community Development Block Grant and; Authorized the Interim County Administrative Officer to execute the Subrecipient Agreements and all other necessary documents associated with the agreement. (DNCO Agreement 2010-033)

 

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

15. Approve and authorize the Chief Probation Officer to execute all necessary documents associated with the attached grant application and approve and authorize the Chair of the Board to sign the attached Certification of Assurance of Compliance and budget transfer as requested by the Chief Probation Officer.**   Document

Action: Jeannine Galatioto, Interim County Administrative Officer, represented Tom Crowell, Chief Probation Officer on this item.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved and authorized the Chief Probation Officer to execute all necessary documents associated with the attached grant application and approved and authorized the Chair of the Board to sign the attached Certification of Assurance of Compliance and budget transfer

 

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

16. Accept the donation as proposed by Home Depot and authorize Administration and Building Maintenance and Parks staff to work with the donor to complete the project as requested by the Assistant County Administrative Officer.**   Document

Action: John Nuszkiewicz presented this item. Rick Perez, the manager of Home Depot has offered to donate materials for repairs for Del Norte Recreation.

On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board accepted the donation as proposed by Home Depot and authorize Administration and Building Maintenance and Parks staff to work with the donor to complete the project.

 

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

17. Review the informational item regarding Road Maintenance Districts for the purpose of funding the maintenance of private roads within the County and take action as necessary as requested by the County Engineer.**   Document

Action: Public Comment was given by Jeannine Thompson, Randy Long, and Sandy Long.

The Board directed Art Reeve, Kevin Hamblin, and dohn henion to work together on this. They wanted the private road system to remain with a mechanism of where there can be an assessment put on that district in order to fulfill the minimum requirements for having a passable road and look at what is the lowest vote required. Also, what kind of process is needed to have such a mechanism.

BUDGET TRANSFERS:

Action: On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved Budget Transfers 02-05, 02-06, 02-10.

 

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

18. Approve a Budget Transfer (02-05) in the amount of $24,000.00 within the Capital Projects Budget as requested by the Interim County Administrative Officer.**   Document

Action: Approved

19. Approve a Budget Transfer (02-06) in the amount of $157,954.00 within the Office of Emergency Budget as requested by the Interim County Administrative Officer.**   Document

Action: Approved

20. Approve a Budget Transfer (02-07) in the amount of $630,758.00 within the Community Services Area 1 Budget to accommodate additional grant funds for the Sewer Rehabilitation Project as requested by the Deputy Director of Community Development.**   Document

Action: Approved

21. Approve a Budget Transfer (02-10) in the amount of $1413.00 within County Counsel's Budget as requested by County Counsel.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

22. 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, commented on the cash deferral. Supervisor Finigan mentioned SBX8 41 (Cox).

County Counsel asked that the Board approve the Chair to sign a letter to Senator Feinstein regarding the US Supreme Court case Carcieri v. Salazar.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign a letter regarding the US Supreme Court case Carcieri v. Salazar regarding land into trust for Tribal purposes.

Supervisor Sullivan recused himself from this item.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       4              David Finigan, Leslie McNamer, Martha McClure, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

CAPITAL PROJECTS:

23. A Written Capital Projects Update. Information Only.**   Document

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

ADJOURNMENT

Action: The Board adjourned at 12:15 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 26, 2010

 

 

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