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 26, 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), Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258, Wilson v. DNC, Cal. 1st App Dist # A127847, Hanover vs. DNC Road Dept, Del Norte Superior Ct., # CVCV 08-2300 , Danis v. DNC, U.S. Dist Ct, N Cal., # CV095924CRB, DNC v. U.S. Forest Srv, U.S. Dist Ct, N Cal., # CV10-2047JSW, 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 Assistant District Attorney DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957). Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Health and Human Services, Superintendent of Building Maintenance, Agricultural Commissioner, and the Director of Information Technology.

 

 

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 McNamer

Action: Supervisor McNamer 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.

Jay Sarina, 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: No deletions, additions, or corrections were requested.

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 attending an event in Redding for Carly Fiorina,Republican Nominee for the U.S. Senate, meeting with Dr. Jeff Marsee, President of College of the Redwoods, regarding possible curriculum for State Parks education, attending a Local Transportation Commission meeting, attending a Del Norte High School football game, attending a Chamber Mixer for Coast Central Credit Union, commented that the Solid Waste Ad-Hoc Committee will be holding a meeting the next day, and thanked Jeff Daniels, Road Superintendent, as well as the Road Department, for their quick and efficient repair work on roads in his district.

Supervisor McNamer reported on attending a Revolving Loan Committee meeting, attending a Del Norte Solid Waste Management Authority meeting, attending her niece's Roller Derby Game, attending a Local Agency Formation Committee meeting, attending a memorial service for Beverly Nielsen, and commented that she visited the park in Bertch Tract.

Supervisor McClure reported on attending a Senior Board meeting, participating in an MLPA Roundtable Discussion, participating in an Information Automation Goal Committee meeting, attending the Historical Society Annual Volunteer Appreciation BBQ, participating in a teleconference with Community Health Alliance, attending a Solid Waste Management Authority hazardous chemical cleanup event, attending a Revolving Loan Committee meeting, commented on visiting neighborhoods regarding Get Out the Vote for the upcoming election, commented that the Tower Grant request was approved by the Coastal Conservancy, and commented on attending the DNACA event which featured singer Judy Collins.

Supervisor Finigan reported on attending a Western Interstate Region (WIR) meeting for the National Association of Counties in Helena, Montana which included the following: a WIR Board meeting, a visit to Malmstrom Air Force Base, a presentation from the Department of Interior regarding the new priorities and initiatives that may effect public lands, a goal-setting and strategic plan meeting regarding possible land management and environmental policies for the West, a presentation by the Deputy Commissioner of the Utah Department of Agriculture, and a discussion regarding Secure Rural Schools and PILT. He also reported on attending the memorial services for Andrew Horton, attending the Murder Mystery Dinner for Court Appointed Special Advocates (CASA), meeting with the Sheriff regarding policing issues in Klamath, and attending a CASA Board meeting.

Supervisor Hemmingsen reported on attending a Pelican Bay Citizen's Advisory Committee meeting and commented on our local County physicians not wanting to treat the inmates at Pelican Bay State Prison which results in a loss of money for the County, attending a Local Transportation Commission meeting, attending the Small Business Development Center's 25th Anniversary, participating in Agenda Review, attending a 2x2 meeting with Smith River Rancheria, meeting with Ken Wiseman, Executive Director and staff regarding the Marine Life Protection Act, and attending a Local Agency Formation Committee meeting where the Plan West, Inc. contract was renewed.   

 

2.     10:20 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 Richard Miles regarding Solid Waste, Jerry Cochran regarding an update of the Golden Gate Bridge District, Eileen Cooper regarding flouride in the water, and Victoria Dickey regarding the Del Norte Solid Waste Management Authority.

3.     10:35 A.M.Presentation by Tyrone Kelley, Supervisor, Six Rivers National Forest.   

Action: Tyrone Kelley, Supervisor, Six Rivers National Forest, gave an update and fielded questions from Board members.

A request was made to have updates be presented to the Board more frequently.

4.     10:50 A.M. Conduct a Public Hearing to provide the public an opportunity to hear and comment on the results of a study aimed at the needs assessment for emancipating foster youth (Foster Youth Study) conducted by CASA of Del Norte through a sub-recipient agreement with the County of Del Norte and (2) accept the final product produced through this grant as meeting the requirements of the grant and the agreement between the County and CASA of Del Norte as requested by the County Administrative Officer.**   Document

Action: Jim Carnegie, Fiscal Manager, presented this item.

Chair Hemmingsen opened the Public Hearing.

Susie Minx, Executive Director of CASA gave a presentation on the Foster Youth Study which included information on short-term and long-term goals, stradegies, collaboration, emancipation of youth from foster care, needs assessment, access in Del Norte, and the ramifications of having no changes made to the current foster care system.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board accepted the final product produced through the grant as meeting the requirements of the grant and the agreement between the County and CASA of Del Norte.

 

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

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 #11 due to a conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #5 through #15).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the Board of Supervisors' meeting of September 28, 2010.**   Document

Action: Approved

6.     Approve and authorize the Chair to sign a new contract with Lora Schultz for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2010-173)

7.     Adopt the Proclamation that October 21, 2010 be declared Great California Shake Out Day and urge residents, businesses and other organizations to participate as requested by the County Administrative Officer.**   Document

Action: Approved

8.     Approve and authorize the Chair to sign the Agreement with BHC Heritage Oaks Hospital in Sacramento, CA for Psychiatric Inpatient Hospital Services from July 1, 2010 through June 30, 2011 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-174)

9.     Approve and authorize the Chair to sign the Amendment to the Agreement with Kings View Corporation to provide additional Telepsychiatric Services as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-175)

10. Approve the elimination of two Staff Services Analyst positions and addition of two Administrative Analysts in the Department of Health and Human Services.**   Document

Action: Approved

11. Approve and authorize the Chair to sign the contract with Leroy Davies, Darren McElfresh, Jon Alexander and William Cater, Attorneys at Law, for Public Defender services as requested by the County Administrative Officer.**.   Document

Action: Supervisor Sullivan recused himself from this item.

Approved (DNCO Agreement 2010-176)

12. Review the information item regarding the Bridge replacement on Hunter Creek Bridge and Hurdygurdy Creek Bridge as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved

13. Review the informational item on Road Improvements to North Indian Road and South Indian Road as requested by the Deputy Director of Engineering & Roads.   Document

Action: Approved

14. Review the informational item regarding Road Improvements to Humboldt Road and Sandmine Roads as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

15. Approve and adopt the Memorandum of Understanding  with the Del Norte County Sheriff's Employee Association effective October 1, 2009 to coincide with the expiration of the previous agreement as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO 2010-177)

REGULAR ITEMS

GENERAL GOVERNMENT:

16. Review the attached letter regarding the 2010 California Green Building Standards Code (CALGreen) as requested by the Director of Community Development, Deputy Director of Building and Planning, Building Official, and the Building Inspector.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the attached letter regarding the 2010 California Green Building Standards Code (CALGreen).

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved Budget Transfers (10-03) and (10-03).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

17. Approve a Budget Transfer (10-03) within the Grant Administration Budget in the amount of $26,138.00 as requested by the County Administrator Officer.**   Document

Action: Approved

18. Approve a Budget Transfer (10-04) in the amount of $20,935.00 within the Health Insurance Budget as requested by the County Administrative Officer.**   Document

Action: Approved

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 Finigan commented on Proposition 25 and the fact that the Regional Council of Rural Counties (RCRC) has taken a position against it.

CAPITAL PROJECTS:

20. Verbal Update. Information Only.   

Action: Jay Sarina, County Administrative Officer, commented on the following items: Bertsch Tract Park, the progress of the completion for Ruby Van Deventer Park, Point St. George, the progress of the Ropes Course at Florence Keller Park, and the pending payment for the Roy Rook Boat Launch project.

After discussion, the Board asked staff to look into installing an additional stop sign at the intersection of Washington and Pebble Beach Drive, thereby creating a 4-way stop.

 

ADJOURNMENT

Action: The Board of Supervisors' meeting adjourned at 11:29 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 29, 2010

 

 

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