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, November 09, 2010

    8:30 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, County Counsel, 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 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 and the 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: Supervisor McClure asked that the Board consider a discussion about the 2011 Title III funds in relationship to the RAC and have some consensus of direction in the matter.

Supervisor Hemmingsen asked that Proclamation for Veteran's Day be added as an urgency item subsequent to the posting of the agenda.

Motion:       Move to approve

Move:        David Finigan

Second:      Martha McClure

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

 

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

Motion:        Move to approve

Move:   David Finigan

Second:        Martha McClure

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

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Proclamation Honoring all Veterans on Veterans Day, November 11, 2010.

 

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 Cal-Endowment meeting, commented that she worked as an observer in the Election, attending a Solid Waste Ad Hoc Committee meeting, attending the breakfast for Governor Brown in Humboldt County, commented that she touched base with Dr. Rollin Richmond, President of Humboldt State University, regarding Six Rivers National Forest and plantation proposals, attending a Redwood Park Association meeting, commented that the Resource Advisory Commission was meeting that night, and commented that there was an upcoming Solid Waste Management Authority meeting on Wednesday.

Supervisor McNamer reported on attending a NORTEC retreat in Shasta County, attending a Bar-O Boys Oversight Committee meeting, attending a 2x2 with Supervisor Finigan, the Yurok Tribe, and the Sheriff regarding funding, and commented that she had voted.

Supervisor Finigan reported on participating in a conference call with Greg Burns, the County's federal lobbyist, attending a Harbor 2x2 meeting, attending the Healthcare event at the Veteran's Hall, commented that he voted, participating in a conference call with staff regarding issues with 2x2 committee meetings, attending a Mill Creek Advisory meeting, participating in a National Forest Counties and Schools Coalition meeting, attending an Airport JPA meeting, traveling to Eureka for his daughter's Youth Football Cheer Competition, attending a South Beach Trails meeting, and attending a Yurok 2x2 regarding community policing in Klamath.

Supervisor Sullivan attending the Sutter Coast Physician Recruitment meeting, attending a Solid Waste Ad-Hoc Committee meeting, attending a Tri-Agency meeting, commented that he voted, participating in Action Summary, attending a meeting with Community Development Staff, the Executive Director of the Transportation Commission, and community members regarding roads in Smith River, attending a Chamber Mixer at Beauty Secrets, attending an assembly at Mary Peacock School for his son, attending his niece's dance recital, and commented that he will be attending the RAC meeting tonight.

Supervisor Hemmingsen reported on attending several meetings with local fisherman and processors regarding the new IFQ program that will be implemented after the first of the year with the Trawl Rationalization Program that was approved by the Pacific Fisheries Management Council, attending the Wastewater Treatment Plant Ribbon-Cutting, attending the Sutter Coast Physician Recruitment meeting, attending a Harbor 2x2 meeting, attending the Healthcare event at the Veterans Hall, meeting with a representative from the Pacific Coast Joint Venture and the County Administrative Officer at the Grange regarding Wetlands designation, attending the Cal-Endowment presentation, attending a staff meeting regarding 2x2 meetings and MOU's with the Rancherias, attending a Resource Conservation District meeting, attending Agenda Review, and attending a Border Coast Regional Airport Authority meeting.

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 Eileen Cooper regarding fluoride in the water and Victoria Dickey regarding the Solid Waste Management Authority

3.     10:30 A.M. Conduct a Public Hearing for the City of Crescent City's proposed Text Amendment to the County's Coastal Land Use Plan (General Plan Amendment Number 1001C) and take the following actions: 1) Adopt the findings listed in the Planning Commission Staff Report; 2) Adopt a Resolution amending the Land Use Text (Public Works Chapter) of the Local Coastal Plan Element of the General Plan; and 3) Adopt a Resolution submitting the Land Use Text Amendment to the Public Works Chapter of the Local Coastal Plan Element of the General Plan to the California Coastal Commission as an LCP Amendment as requested by the Deputy Director of Building and Planning.**   Document

Action: Heidi Kunstal, Deputy Director of Building and Planning presented the item.

Chair Hemmingsen opened the Public Hearing. Public Comment was given by Eileen Cooper. Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board adopt the findings listed in the Planning Commission Staff Report; 2) adopted a Resolution amending the Land Use Text (Public Works Chapter) of the Local Coastal Plan Element of the General Plan; and 3) adopted a Resolution submitting the Land Use Text Amendment to the Public Works Chapter of the Local Coastal Plan Element of the General Plan to the California Coastal Commission as an LCP Amendment. (DNCO Resolution 2010-060)

 

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

4.     10:40 A.M. Presentation by Debbie Mayhue regarding an update of Child Support Services.   

Action: Debbie Mayhue, Director of Child Support Services, gave an update on Child Support Services and stated that they have not had to implement any layoffs.

5.     10:50 A.M. Presentation by Zack Larson regarding a Blue Ribbon Task Force update.   

Action: Zack Larson gave an update regarding MLPA Initiative participants, the process and timeline, the NCRSG Unified Array, Organization Endorsement, and upcoming meetings.

Supervisor McClure asked that all the supporters send a letter to the Fish and Game Commission commenting on the significance of a Regional Array and also stated that we send copies of these letters to the appropriate agencies.

CONSENT AGENDA

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

Action: On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board approved the Consent Agenda (Items #6 through #14).

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve and authorize the Chair of the Board of Supervisors to sign Amendment No. 2 to the Agreement for Bar-O Boys Ranch Placement with Napa County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2010-179)

7.     Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for Nursery Inspection activities as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2010-061) (DNCO Agreement 2010-180)

8.     Approve the attached contract with Far Western Anthropological Research Group, Inc. in the amount of $47,241.00 for professional services related to the establishment of a portion of the California Coastal Trail as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-181)

9.     Approve the attached contract in the amount of $338,619.00, funded by the California Energy Commission through a grant and a low interest loan, with Johnson Controls, Inc. for the implementation of Energy Efficiency improvements at the County jail as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-182)

10. Approve and authorize the Chair to sign the attached Resolution and authorize the Director of Health and Human Services to sign an 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.**   Document

Action: Approved (DNCO Agreement 2010-183) (DNCO Resolution 210-062)

11. Approve and authorize the Chair to sign an Agreement with Del Norte Unified School District (DNUSD) to reimburse the Department of Health and Human Services (DHHS), Mental Health Branch (MHB) for the period of July 1, 2010 to June 30, 2011, not to exceed $13,300.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-184)

12. Approve and authorize the Chair to sign an Agreement with Del Norte Unified School District (DNUSD) for Turning Point Program Services to reimburse the Department of Health and Human Services (DHHS), Mental Health Branch (MHB) for the period of July 1, 2010 to June 30, 2011, not to exceed $13,300.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-185)

13. Approve and authorize the Chair to sign an Agreement with the State of California for the HIV/AIDS Surveillance Program and HIV Care Program for the period of July 1, 2010 through June 30, 2013 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-186) (DNCO Agreement 2010-187)

14. Approve and authorize the Sheriff to re-enter into an agreement with Sutter Coast Hospital for health services as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2010-188)

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Approve the attached letters regarding mitigation for the transfer of private land to public ownership, Hurdygurdy property, and direct staff to forward to the appropriate legislator as requested by the Chairman.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the attached letters regarding mitigation for the transfer of private land to public ownership, Hurdygurdy property, and direct staff to forward to the appropriate legislators.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved Budget Transfers (11-01), (10-02), and (10-05).

 

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

16. Approve a Budget Transfer (11-01) in the amount of $158,609.00 within the Office of Emergency Services Budget as requested by the County Administrative Officer.**   Document

Action: Approved

17. Approve a Budget Transfer (10-02) in the amount of $1875.00 within the Probation Department as requested by the Chief Probation Officer.**   Document

Action: Approved

18. Approve a Budget Transfer (10-05) in the amount of $6,700.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**   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.   Document

Action: Supervisor McClure asked that the Board send a letter to Jerry Brown to both congratulate him for winning the Governor's race as well as invite him to Del Norte County. She also mentioned that the Board needs to be aware of the upcoming Medi-Cal changes in 2014.

Jay Sarina commented that an update Legislative Platform will soon be presented to the Board.

Supervisor Sullivan asked that the Board submit a letter to Governor Brown encouraging him to appoint a Del Norte County Supervisor to the vacant position on the Coastal Commission.

CAPITAL PROJECTS:

20. Verbal Update. Information Only.   

Action: Jay Sarina, County Administrative Officer, gave an update on the Bertsch Tract Park, Ruby Van Deventer Park, Point St. George, Battery Point, and Florence Keller Park.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  November 10, 2010

 

 

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