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 26, 2011

    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), Wilson v. DNC, Cal. 1st App Dist # A127847, 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, Hanover vs. DNC Road Dept, Del Norte Superior Ct., #CVCV 08-2300, Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258; 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. Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Health and Human Services.

 

 

 

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.

·        The Pledge of Allegiance to the Flag led by Supervisor McNamer.

Action: The Pledge of Allegiance was led by Supervisor McNamer.

·        Introduction of new employees to the Board of Supervisors.

Action: Alissia Northrup, County Clerk Recorder, introduced Stephanie Magnuson as a Legal Process Clerk.

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

Action: County Counsel 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: Item #46 was requested to be pulled from the agenda in order to meet with a member from the Coastal Conservancy tomorrow to get feedback.

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 taking a vacation with his son, participating in a call with Ruth Coleman regarding Alexander Dairy and potential litigation, commented on the ongoing attempt to have a Parks Educational Program through College of the Redwoods, commented on receiving calls from bulb growers on future setbacks as well as commented on the County's Right-to-Farm Ordinance and whether it needs to be changed, and commented that Mill Creek is not being closed down.

Supervisor Hemmingsen reported on participating in Action Summary, attending a Solid Waste Management Authority meeting as an Alternate, attending a Local Transportation Commission meeting, attending the Board of Supervisors' Special Closed Session, participating in a teleconference with Ruth Coleman regarding a grazing issue with Alexander Dairy on Tolowa Dunes State Park, attending a meeting at the Harbor, attending a Local Area Formation Committee meeting and commended George Williamson, Executive Director of LAFCo for his continued exemplary work.  

Supervisor Finigan reported on attending the South Beach Trails meeting with the County, Elk Valley Rancheria, Cal-Trans, and State and National Parks; traveled to Portland for a number of NACO committee meetings, in which the following item s were discussed: Coordination, Secure Rural Schools, Highway Trust Fund, Trans Trust Fund, EAS, Environmental Justice, Justice, Probation, presentations by Bob Woodruff and Aron Ralston. He also reported on attending the Special Closed Session, participating in a conference call with Jeff Bomke regarding the Alexander Dairy grazing issue, attending a meeting representatives from the League of Cities with Supervisor McClure, meeting with the owners of Trees of Mystery in Klamath, participating in a realignment call with CSAC, participating in a call with Bill Renfroe regarding Broadband, and took her children to the Giants Game during the weekend.

Supervisor McClure reported on attending a Coastal Commission meeting in San Rafael and commented that there will be a Coastal Commission meeting in Del Norte County in September, attending a Senior Board meeting, attending a Historical Society meeting, attending a Solid Waste Ad-Hoc meeting, meeting with Caryl Hart, Recreational Director for Sonoma County and Chair of State Parks Commission; commented on following the redistricting maps that are being put out, commented on reviewing the Front Street design that the City has proposed, went camping at Jedediah Smith State Park, traveled to Klamath to see the whale and commented on the lack of warning for the overflow of pedestrians on the Bridge while this event was occurring, and commented that there are opportunities to participate in  community supported agriculture with participating with Ocean Air Farmers and the Farmers Market, and meeting with representatives from the League of Cities.

Supervisor McNamer reported on participating in Agenda Review, receiving a call from Jeff Bomke regarding Alexander Dairy, attending the Special Closed Session, commented on the Solid Waste Ad-Hoc Committee meeting and that the response to the Board will be on the next Board of Supervisors agenda, attending an Air Quality Control meeting in Eureka, and attending a LAFCo 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: No Public Comment was given.

3.     10:30 A.M. Conduct a public hearing, waive full reading, read by title only and Adopt an ORDINANCE AMENDING CHAPTER 2.04, SECTIONS 2.04.021 THROUGH 20.04.025 OF THE DEL NORTE COUNTY CODE ESTABLISHING SUPERVISORIAL DISTRICTS as requested by the County Clerk-Recorder.**.   Document

Action: Chair McNamer opened the Public Hearing.

Alissia Northrup, County Clerk-Recorder, presented this item.

No Public Comment was given.

Chair McNamer closed the Public Hearing.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board conducted a public hearing, waived full reading, read by title only and adopted an ORDINANCE AMENDING CHAPTER 2.04, SECTIONS 2.04.021 THROUGH 20.04.025 OF THE DEL NORTE COUNTY CODE ESTABLISHING SUPERVISORIAL DISTRICTS. (DNCO Ordinance 2011-006)

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:35 A.M. Presentation on AB 109 and 117  - Realignment and its impact on Del Norte County, by the Chief Probation Officer.   

Action: Tom Crowell, Chief Probation Officer, presented this item.

He presented information on: Public Safety Realignment, Options for N3 (non-serious, non-violent, non-sexual offenders) at sentencing, N3 receiving Local Disposition, Option for N3 after sentencing, State Parole Jurisdiction, Local Planning Process, the Community Corrections Partnerships (CCP), Post Release Community Supervision (PRCS), PRCS Supervision, PRCS Administrative Process, the PRCS Discharge Process, and Goals.

He also commented on a summary that was prepared by the California State Association of Counties, California State Sheriff's Association, and the Chief Probation Officers of California.

Supervisor Sullivan requested that Tom report back at the first Board of Supervisors meeting in September.

It was requested that the County notifies CDCR that that the Community Corrections Partnership will continue to work the Local Plan to address realignment strategies, and that the Local Plan is to be completed and approved by the Board of Supervisors as close to October 1, 2011 as possible.

The County endorsed this and directed staff to send a letter.

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 Finigan recused himself from Item #21 for conflict of interest.

Supervisor Sullivan recused himself from Item #6 due to absence of meeting referenced, and Items #11 and #30 due to conflict of interest.

Supervisor Hemmingsen recused himself from Item #30 due to conflict of interest.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Consent Agenda, Items #5 through #31.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve the Minutes from the June 28, 2011 Board of Supervisors' meeting.**   Document

Action: Approved

6.     Approve the Minutes from the July 12, 2011 Board of Supervisors' meeting.**   Document

Action: Supervisor Sullivan recused himself from this item.

Approved

7.     Approve and authorize the Clerk of the Board to expend budget funds not to exceed $250.00 for the Del Norte County basket presented at the Regional Council of Rural Counties 2010 Annual Conference as requested by the County Administrative Officer.**   Document

Action: Approved

8.     Authorize the Chair to sign the attached California Employer' Retiree Benefit Trust (CERBT) forms; (1) Delegation of Authority to Request Disbursements and (2) Certification of OPEB Funding Policy & GASB 43/45 Reporting Compliance as requested by the Assistant County Administrative Officer.**   Document

Action: Approved

9.     Approve the allocation of space for the purpose of housing Search and Rescue Operation at the Old Mental Health Building as requested by the County Administrative Officer.**   Document

Action: Approved

10. Approve and authorize the Chair to sign a contract with DocuStation for a 5 year Xerox Copier Lease as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2011-105)

11. Approve and authorize the Chair to sign the Agreement for Network Support in the amount of $34,200.00 with Tech Wild as requested by the Director of Information Technology.**   Document

Action: Supervisor Sullivan recused himself from this Item due to conflict of interest.

Approved (DNCO Agreement 2011-106)

12. Approve the attached County of Del Norte Fund Balance Policy which will make the County of Del Norte GASB (Government Accounting Standards Board) 54 compliant as requested by the Auditor/Controller.**   Document

Action: Approved

13. Approve and adopt a Resolution entitled SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIPS PROGRAM; AND IF SELECTED, THE EXECUTION OF A STANDARD AGREEMENT, ANY AMENDMENTS THERTO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2011-047)

14. 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 as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2011-048) (DNCO Agreement 2011-108)

15. Accept a donation in the amount of $3,500.00 by Dr. Diane R. Tomar M.D. as requested by the Agricultural Commissioner.**   Document

Action: Approved

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

Action: Approved (DNCO Resolution 2011-049) (DNCO Agreement 2011-109)

17. Approve an Agreement to Harvest County Trees in the Keller Avenue and Willow Street rights-of-way as requested by the Assistant Engineer.**   Document

Action: Approved (DNCO Agreement 2011-110)

18. Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for Bar-O Boys Ranch Placement with Shasta County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2011-111)

19. Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for Bar-O Boys Ranch Placement with El Dorado County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2011-112)

20. Approve the Application to the California Emergency Management Agency Monies fro the CHAT Program and (2) Adopt the Resolution for the Continuing Implementation of this Program Within the District Attorney's Office as requested by the District Attorney.**   Document

Action: Approved (DNCO 2011-050)

21. Approve and sign a renewed contract with Marla Bartow for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Supervisor Finigan recused himself from this Item due to conflict of interest.

Approved (DNCO Agreement 2011-113)

22. Approve and sign a renewed 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 2011-114)

23. Approve and sign a renewed contract with Will Beegle for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2011-115)

24. Approve and sign a renewed contract with Jill Babbitt for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2011-116)

25. Approve and sign a renewed contract with Sandy Squires for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2011-117)

26. Approve and sign a renewed contract with Barbara Lee for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2011-118)

27. Approve and sign a renewed contract with Cheryl Simon for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**   Document

Action: Approved (DNCO Agreement 2011-119)

28. Approve and authorize the Chair to sign an Agreement with Ra Wollenburg dba Streamline-Technologies for software technology and support for the California Outcome Measurement System effective July 1, 2011 through June 30, 2012, not to exceed $12,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-120)

29. Approve and authorize the Chair to sign an Agreement with Victor Treatment Centers, Inc. to provide out-of-county mental health services for the period of July 1, 2011 to June 30, 2012, not to exceed $60,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-121)

30. Approve a Forester's Report (Management Plan) prepared for HW3, LLC Property (APN 124-220-07) by Erler Forestry Service in accordance with Del Norte County Code Title 20 Zoning Chapter 20.43 (Timberland Preserve Zone District) as requested by the Planner.**   Document

Action: Supervisors Sullivan and Hemmingsen recused themselves from this item due to conflict of interest.

Approved

31. Ratify the attached contract for the National Emergency Grant-Tsunami Disaster Restoration Agreement, previously agreed to by the County of Del Norte and Rural Human Services as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2011-103)

REGULAR ITEMS

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan, and seconded by Supervisor Sullivan, the Board approved Budget Transfers (06-05), (06-09). (06-10), (06-11), (06-12), (06-13), (06-14), (06-15), (06-16), (06-17), (06-18), (06-19), (06-20), (06-21), (06-22), (06, 23).

 

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

32. Approve a Budget Transfer (06-05) in the amount of $7,500.00 within the Sheriff's Budget as requested by the Sheriff-Coroner.**   Document

Action: Approved

33. Approve a Budget Transfer (06-09) in the amount of $1,970.00 within the Agricultural Budget as requested by the Agricultural Commissioner.**   Document

Action: Apply

34. Approve a Budget Transfer (06-10) in the amount of $10,500 within the Jail Budget as requested by the Sheriff-Coroner.**   Document

Action: Approved

35. Approve a Budget Transfer (06-11) in the amount of $30,000.00 as requested by the Department of Information Technology.**   Document

Action: Approved

36. Approve a Budget Transfer (06-12) in the amount of $25.247.00 within the Flood Control 4C Budget as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

37. Approve a Budget Transfer (06-13) in the amount of $1,375.00 within the General Flood Control Budget as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved

38. Approve a Budget Transfer (06-14) in the amount of $3,500.00 within the Capital Projects Budget as requested by the County Administrative Officer.**   Document

Action: Approved

39. Approve a Budget Transfer (06-15) in the amount of $12,705.00 within the ARRA Grant Budget Unit as requested by the Sheriff-Coroner.**   Document

Action: Approved

40. Approve a Budget Transfer (06-16) in the amount of $7,800.00 within the Capital Project and Road Budget as requested by the County Administrative Officer.**   Document

Action: Approved

41. Approve a Budget Transfer (06-17) in the amount of $1,400.00 within the Capital Project and Road Budget as requested by the County Administrative Officer.**   Document

Action: Approved

42. Approve Budget Transfers (06-18) in the amount of $4,800.00, (06-19) in the amount of $550.00, (06-20) in the amount of $450.00, and (06-21) in the amount of $1,040.00 within the Community Development Department as requested by the Director of Community Development.**   Document

Action: Approved

43. Approve a Budget Transfer (06-22) in the amount of $15,905.00 as requested by the Chief Probation Officer.**   Document

Action: Approved

44. Approve a Budget Transfer (06-23) in the amount of $848,874.00 within the Health Insurance Budget as requested by the County Administrative Officer.**   

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

45. 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: Jay Sarina, County Administrative Officer commented on the passing of the State Budget and spoke about a new fee being implemented in the State Responsibility Areas

46. Approve and authorize the Chair of the Board to sign the attached letter to Sam Schuchat, Executive Director of the California Coastal Conservancy as requested by the Director of Community Development.**   Document

Action: This item was pulled in order for staff to meet with a member of the Coastal Conservancy to receive feedback.

CAPITAL PROJECTS:

47. Verbal Update. Information only.   

Action: Jay Sarina, County Administrative Officer, commented on Florence Keller, Ruby Van Deventer, Pyke Field, Battery Point, and the Townsite Boat Ramp. He also commented on the Emergency Disaster Fund Agreement that was ratified by the Board in the Consent Agenda.

ADJOURNMENT

Action: The Board adjourned at 11:17 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  July 29, 2011

 

 

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