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, July 27, 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:     Martha McClure, Gerry Hemmingsen and David Finigan

                  

Absent:       Leslie McNamer and Michael Sullivan

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), Wilson v. DNC, Cal. 1st App Dist # A127847, Chisman v. DNC, Del Norte Ct # CVPZ08-1262, Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, Strom v. DNC, U.S. Dist Ct, N Cal., # CV08-4708MEJ, Coyle v. DNC, Del Norte Ct # CVPM07-1572, Dickson v. DNC, Del Norte Ct # CVUJ08-1485, Elsebusch v. DNC, Del Norte Ct # CVCV06-2313, JHP LLC v. Japp, Del Norte Ct # CVPT09-1438, Stewart v. DNC, Del Norte Ct # CVUJ09-1001, Whetstine v. DNC, Del Norte Ct # CVUJ-10-1199, Wigley v. DNC, Del Norte Ct # CVPI06-1401, 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. Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957).

 

                        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 and Supervisor Sullivan.

·        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: Caroline Roth was introduced as the new Account Clerk at Veterans Services.

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

Action: County Counsel stated no reportable actions in Closed Session.

Jay Sarina, County Administrative Officer, reported that the item of the Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957) has been continued until a transcript can be obtained.

·        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: Jay Sarina, County Administrative Officer, asked that an item be added to the agenda subsequent to posting as an urgency item regarding the interview of Don Hemphill for the temporary position of Auditor/Controller.

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

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Gerry Hemmingsen   

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 traveling to Sacramento for a CSAC Realignment Working Group meeting regarding social services, the Department of Justice,and overall financial impacts, extended his condolences to Gary Blatnick in the passing of his mother, attending the National Association of Counties (NACO) conference where much of the focus was on rural counties, attending a Western Interstate Regional of the National Association of Counties meeting, attending a Transportation Steering Committee meeting where he was asked to Chair the Airport Subcommitee, attending a 2x2 meeting with Elk Valley Rancheria, and participating in an Airport JPA conference call.

Supervisor McClure reported that the Solid Waste Ad-Hoc is negotiating contract with Recology, attending a Senior Center Board meeting, participated in a Community Health Alliance conference call, attending a Redwood Coast Transit meeting, attending a Solid Waste Management Authority meeting, traveling to Orick for the MLPA Open House, attending the Del Norte MLPA Open House, attending a Blue Ribbon Task Force meeting, participating in a Redwood Park Association meeting , speaking with Assemblymember Chesbro's office regarding court costs and the need for assistance, expressed an issue of concern regarding the new upcoming building codes, would like Community Development and County Counsel to look into it to see if anything can be done as well as gauging the impact it will have on the County.

Supervisor Hemmingsen reported on attending Northwest California Resource Conservation District which included the 5c Salmonid regarding the passing of  their budget, commented that he was elected as Vice-Chair, attending his wife's class reunion, attending the MLPA webinar, participating in agenda review, attending a NORTEC meeting in Redding, participating in a  teleconference for Dungeness crab task force, attending  the member/guest golf tournament, attending a wedding in Gold Hill, attending a 2x2 with the Elk Valley Rancheria, and participating in a Airport JPA conference call regarding funding and expansion.

 

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: No Public Comment was given.

3.     10:35 A.M. Receive a presentation from Bill Renfroe, Director of Tri-Agency Economic Development Authority regarding the FY 2009-2010 annual report.   Document

Action: Bill Renfroe, Director of Tri-Agency Economic Development Authority, gave a presentation regarding their Fiscal Year 2009-2010 annual report. He spoke about the County Memorandum of Understanding, the creation of the Agency's website, and a list of priority projects.

The Board suggested that the Agency look into working with the Community College.

4.     10:50 A.M. Receive an update from Zack Larson regarding the MLPA   

Action: Zack Larson, Larson & Associates, gave an update on the MLPA process. He stated that there have been public outreach meetings held at the Flynn Center, the Crescent Fire Protection District, and the Crescent City Harbor District. He stated that the Blue Ribbon Task Force will be meeting on July 29th and 30th as well.

 

CONSENT AGENDA

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

Action: Supervisor Hemmingsen recused himself from Items #9 and #13. Due to this, there was no quorum for these items. They were pulled and requested to be put on the agenda for the meeting of August 10, 2010.

Supervisor Hemmingsen requested that a correction be made on the signature page of Item #10 to have his name spelled correctly.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda, Items 5, 6,7,8,10,11,12, and 14.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Gerry Hemmingsen   

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve and adopt the Minutes from the Board of Supervisors' meeting on June 8, 2010.**   Document

Action: Approved

6.     Approve and adopt the Minutes from the Board of Supervisors' on June 22, 2010.**   Document

Action: Approved

7.     Approve and adopt the Proclamation in support of Child Support Awareness month in August 2010 and authorize the department to hang a banner on the outside of the office as requested by the Director of Child Support Services.**   Document

Action: Approved

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

Action: Approved (DNCO Agreement 2010-121)

9.     Approve the proposed Amendment to the Del Norte County Agreement No. 2009-154 and authorize the Chairman of the Board to sign the Amendment as requested by the Deputy Director of Engineering and Roads.**   Document

Action: This item was pulled and placed on the August 10, 2010 agenda.

10. Approve and authorize the Chair of the Board of Supervisors to the agreement for Housing Delinquent Youth for Curry County as requested by the Chief Probation Officer.**   Document

Action: Corrections were requested on the signature page of this item.

Approved (DNCO Agreement 2010-123)

11. Approve and authorize the Chair of the Board of Supervisors to the agreement for Implementing, Training, and Accessing Assessments.com Risk Needs Assessment Web Based Software as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2010-124)

12. Approve and authorize the Chair to sign the Agreement with Kings View Corporation for Mental Health Branch Electronic Health Record System, not to exceed $126,700.00 for the period of July 1, 2010 to June 30, 2011 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-125)

13. Approve and authorize the Chair to sign the Lease Agreement with Matthew S. Fearing and Rae A. Fearing, individuals doing business as 101 North Properties, for the Mental Health Service Center facility located at 1044 N. Highway 101, Suite F, Crescent City, CA as requested by the Director of Health and Human Services.**   Document

Action: Supervisor Hemmingsen recused himself from this item leaving no quorum. This item was pulled and placed on the August 10, 2010 agenda.

14. Approve, submit and file the Board of Supervisors and County Administrative Officer's response to the 2009-2010 Final Grand Jury Report as requested by the County Administrative Officer.**   Document

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Accept the request for amended rates as outlined in attachment 'A'; or reject the amended rate request and direct Del Norte Ambulance to prepare a new proposal, with supporting justification, and submit to Administration for continued negotiation as requested by the County Administrative Officer.**   Document

Action: Ron Sandler spoke regarding this item.

The Board members expressed their concern on the increase.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board rejected the request for the amended rate request and directed Del Norte Ambulance to prepare a new proposal, with supporting justification, and submit to Administration for continued negotiation.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Gerry Hemmingsen   

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

16. Authorize the temporary closure of Klamath Blvd. in Klamath, from HWY 169 to the first entrance to Klamath Circle, from 8:30 a.m. to 5:00 p.m., on August 21, 2010 as requested by the Assistant Engineer.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board authorized the temporary closure of Klamath Blvd. in Klamath, from HWY 169 to the first entrance to Klamath Circle, from 8:30 a.m. to 5:00 p.m., on August 21, 2010.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Gerry Hemmingsen   

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved Budget Transfers (06-09), (06-13), (06-14), (06-15), (06-16), (06-18), (06-19), (06-20).

Budget Transfers (06-09) and (06-13) were not able to pass due to the fact that they required a 4/5ths vote. They will be placed on the August 10, 2010 agenda.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Gerry Hemmingsen   

Vote Nay:       0              None

Vote Abstain: 0              None

17. Approve a Budget Transfer (06-09) in the amount of $328,558 within the Health Insurance Budget as requested by the County Administrative Officer.**   Document

Action: This item was moved to the August 10, 2010 agenda.

18. Approve a Budget Transfer (06-13) in the amount of $144,868 within the Public Defender and Contingency Budgets as requested by the County Administrative Officer.**   Document

Action: This item was moved to the August 10, 2010 agenda.

19. Approve a Budget Transfer (06-14) in the amount of $21,985 within the Road Division Budget to cover intrafund shortages as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

20. Approve a Budget Transfer (06-15) in the amount of $10,019.00 within the Engineering Division to cover intrafund shortages as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

21. Approve a Budget Transfer (06-16) in the amount of $2,627.00 within the Code Enforcement Budget to cover intrafund shortages as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

22. Approve a Budget Transfer (06-18) in the amount of $12,003.00 within the Planning and Building Department Budgets as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

23. Approve a Budget Transfer (06-19) in the amount of $3.857.00 within the Klamath Glen Flood Control Budget to cover intrafund shortages as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

24. Approve a Budget Transfer (06-20) in the amount of $40,000.00 within the Health and Human Services budget as requested by the Director of Health and Human Services.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

25. 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 Hemmingsen requested a welcome letter be sent to the new physician, Dr. Nikki Schwartz

26. Approve and authorize the Chair to sign a letter of support the Del Norte Rod and Gun Club-Centralized Shooting Range.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign a letter of support the Del Norte Rod and Gun Club-Centralized Shooting Range.

CAPITAL PROJECTS:

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

Action: Jay Sarina, County Administrative Officer, gave an update on the Point Saint George RFP, an upcoming meeting with the Coastal Conservancy and State Parks, the completion of the paving and striping of Ruby Van Deventer Park, Bertch Tract Park, Klamath Boat Ramp, and the updating of three fishing access areas.

28. Conduct an interview of Don Hemphill for the temporary position of Auditor/Controller.

Action: The Board conducted the interview and directed staff to negotiate with Don Hemphill and bring recommendations back to the next meeting.

 

ADJOURNMENT

The meeting adjourned at 11:32 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  July 30, 2010

 

 

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