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 25, 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.

 

 

Public Comment on Closed Session items only.

Held 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, California United Home Care Workers Union, Sheriffs Employees' Association, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9 (a  JHP LLC v. Japp, Savona, et al, Del Norte Superior Court, CVPT 09-1438 and Karen Olson v. Del Norte County, Del Norte Superior Court, CVUJ 09-1325B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; Discussion of the Elk Valley Rancheria’s Notice of Termination of the Drug Task Force Memorandum of Understanding. 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 Information Technology and the Building Maintenance Superintendent.

 

 

 

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 Finigan.

Action: Supervisor Finigan 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 that the Board has authorized her to pursue looking into joining an appeal regarding the case of JHP LLC v. Japp, Savona, et al, Del Norte Superior Court, CVPT 09-1438.

·        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 #14 was pulled from the Agenda. No action was needed from the Board on this Item.

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 2x2 meeting with Supervisor Hemmingsen and Smith River Rancheria regarding a sewer line project on South Indian Road, attending an Redwood Coast Transit meeting, attending a Local Transportation Commission meeting, commented on taking his son to an Oregon State game, attending a meeting with Smith River Rancheria and County staff, attending a City Council meeting, meeting with the Sheriff, District Attorney, County Counsel, and Supervisor Finigan regarding marijuana dispensaries, attending a meeting with Green Diamond and LACO & Associates, and commented on his son being in the paper.

Supervisor Hemmingsen reported on meeting with constituents regarding the following issues: a plan for Adopt a Road for Washington Blvd, concerns about low-income housing projects and their competition with local landlords, and comments and concerns about the Solid Waste Management Authority. He also reported on attending a Pelican Bay Citizen's Advisory Committee meeting, meeting with Smith River Rancheria and staff, attending a Local Transportation Commission meeting, meeting with Harbor staff, meeting with Supervisor Sullivan, Green Diamond and LACO & Associates; and commented on participating in a Roundtable discussion which featured Congressman Mike Thompson.

Supervisor McClure reported on attending a Redwood Coast Transit meeting, attending a Solid Waste Management Authority meeting, meeting with Harbor staff regarding funding, attending a Historical Society meeting in which Rick Bennett was recognized as Volunteer of the Year, attending a Senior Board meeting, and commented on speaking with Assemblymember Chesbro and Congressman Thompson regarding the issues with Senior Center.

Supervisor Finigan reported on participating in a California State Association of Counties conference call regarding realignment and AB109, participating in a conference call with National Forest Counties Schools Coalition regarding extension of funding, attending a meeting with Harbor staff, attending a meeting with the Sheriff, County Counsel, and Supervisor Sullivan regarding marijuana dispensaries, participating in a conference call with the California State Association of Counties' Board of Directors regarding a coalition, commented on calls from constituents from Klamath regarding the Community Services District, and also commented on receiving calls from constituents regarding the Solid Waste Management Authority.

 Supervisor McNamer reported attending a Solid Waste Management Authority meeting, participating in Agenda Review, attending an Air Quality Management meeting in Weaverville, attending a meeting with Harbor staff, traveling to Corvallis to see the BYU game, commented on traveling to Sacramento tomorrow for a CMSP 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 Sheriff Dean Wilson regarding AB109.

3.     10:25 A.M. Approve and accept a Proclamation in Recognition of United Way Month, October 2011.**   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board approved the Proclamation in Recognition of United Way Month, October 2011.

Supervisor Finigan presented this Proclamation.

United Way Regional Manager Gabrielle Parkinson accepted this Proclamation.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:30 A.M. Adjourn as the Board of Supervisors, reconvene as the Board of Equalization and conduct a Public Hearing for an Application of Change of Assessment, APN: 101-082-07, Parke.   Document

Action: Supervisor Finigan recused himself from the item due to conflict of interest.

The Board adjourned as the Board of Supervisors and reconvened as the Board of Equalization.

The Chair opened the Public Hearing

The Clerk swore in Harvey Parke, Appellant, Steven Hart, Appraiser Aide, Louise Wilson, County Assessor, and Chris Doehle, Attorney.

Harvey Parke, appellant, spoke.

Steven Hart presented the information from the County.

Discussion was held regarding square footage as well as comparable sales.

The Chair closed the Public Hearing.

No motion was made by the Board.

5.     10:50 A.M. Conduct a Public Hearing, waive full reading, read by title only, and introduce an Ordinance regarding Industrial Waste Pretreatment which revises Chapters 15.28, 15.32 and 15.12 of the Del Norte County Code related to wastewaters as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Chair McNamer opened the Public Hearing.

Tina McClendon, Deputy Director of Engineering and Roads presented the 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 waived the full reading, read by title only, and introduced an Ordinance regarding Industrial Waste Pretreatment which revises Chapters 15.28, 15.32 and 15.12 of the Del Norte County Code related to wastewaters. The item was moved to the next agenda for adoption.

 

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

CONSENT AGENDA

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

Action: Item #14 was pulled from the Consent Agenda because it did not require action from the Board.

Supervisor Sullivan recused himself from Item #7 due to a conflict of interest.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #6 through #13)

 

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

6.     Approve the Minutes for the Board of Supervisors' meeting on October 11, 2011.**   Document

Action: Approved

7.     Approve a 30-year longevity increase for the Director of Health and Human Services.**   

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

Approved

8.     Approve a step increase for the Agricultural Commissioner.**   

Action: Approved

9.     Approve a step increase for the Chief Probation Officer.**   

Action: Approved

10. Approve and authorize the Chair to sign the Agreement with Open Door Community Health Centers to provide outpatient medical services for the HIV/AIDS Care Program from July 1, 2011 through June 30, 2012, not to exceed $26,880.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-173)

11. Approve and authorize the Chair to sign the Certification of Categorical Exclusion to Agreement 10-10130 with California Department of Public Health for the Housing Opportunities for Persons Living With AIDS (HOPWA) for fiscal year 2011/2012 as requested by the Director of Health and Human Services.**   Document

Action: Approved

12. Approve and authorize the Chair to sign an Agreement with Skyway House for adult residential treatment of alcohol and other drug abuse from July 1, 2011 through June30, 2012 not to exceed $22,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-174)

13. Approve and authorize the Chair to sign an Agreement with Sandra Morrison, dba Humboldt Addiction Services Program (HASP) for drinking driver treatment program services from July 1, 2011 through June 30, 2012 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2011-175)

14. Approve and authorize the Chair to sign the Certification of Consistency with the Consolidated Plan for the 2011 Continuum of Care Homeless Assistance Competition under CAN's Permanent Housing Project as requested by the Deputy Director of the Community Assistance Network.**   Document

Action: This item was taken off the agenda.

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Approve the 2011 Public Safety Realignment Plan submitted by the Community Corrections Partnership as requested by the Chief Probation Officer; and seek the Board's approval to offer a program pursuant to Penal Code Section 1203.018 - electronic monitoring.   Document

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

Sheriff Wilson spoke regarding this Plan.

On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board approved the 2011 Public Safety Realignment Plan submitted by the Community Corrections Partnership as requested by the Chief Probation Officer;  and approved the request to offer a program pursuant to Penal Code Section 1203.018 - electronic monitoring.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

16. Approve the reorganization of the Veteran's Services Office, and approve the following: 1) Effective the first pay period in January, eliminate one (1) Account Clerk and one (1) Assistant Veteran's Services Officer; and 2) Effective the first pay period in January establish one (1) Veteran's Services Officer (Range 43 A) and one (1) Office Assistant I/II/III (Range 19 A).   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Sullivan, the Board approved the reorganization of the Veteran's Services Office, and approved the following: 1) Effective the first pay period in January, eliminated one (1) Account Clerk and one (1) Assistant Veteran's Services Officer; and 2) Effective the first pay period in January established one (1) Veteran's Services Officer (Range 43 A) and one (1) Office Assistant I/II/III (Range 19 A).

 

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

17. Hold a discussion regarding the City's proposal to amend the Joint Powers Agreement between the City of Crescent City and the County of Del Norte creating the Solid Waste Management Authority. Discuss and take action as necessary.**   Document

Action: Jay Sarina, County Administrative Officer, presented this item and stated that the City Council has proposed that the Board Chair sign an amendment to the Del Norte Solid Waste Management Authority, to be effective January 1, 2012 and expire on December 31, 2012.

Supervisor Hemmingsen moved that the Ad-Hoc Committee be disbanded since the City would not be a participant.

Supervisor McClure stated that there were many procedural questions that needed to be addressed regarding the amendment such as voting structure and following the Brown Act.

The Board agreed that the amendment would add to transparency for the public and agreed to follow the direction the City Council had taken.

Public Comment was given by Andy Larson and Bill Lonsdale.

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfers (10-01, 10-02).

 

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

18. Approve a Budget Transfer (10-01) in the amount of $20,088.00 within the Sheriff-Coroner Budget for CalMMET allocation as requested by the Sheriff-Coroner.**   Document

19. Approve a Budget Transfer (10-02) in the amount of $41,986.00 within the Sheriff's Budget for CalMMET as requested by the Sheriff-Coroner.**   Document

LEGISLATIVE AND BUDGET ISSUES:

20. 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 pension reform as well as the Farm Bill. Supervisor Finigan suggested that staff keep an eye out on information on the Essential Air Services that's being considered in the Transportation Bill.

21. Hold a discussion on a Budget Impact Report- Elk Valley Rancheria Notice of Termination- Drug Task Force MOU. Information only.   Document

Action: Jay Sarina, County Administrative Officer, stated that the financial impact of the Elk Valley Rancheria's Notice of Termination would be $38,000.00 in the General Fund. He stated that there may be grant money available to backfill this loss. He also commented that the impact to the community would be a reduction in services by Law Enforcement, specifically the Drug Task Force.

CAPITAL PROJECTS:

22. Verbal Update. Information only.   

Action: Jay Sarina and James Carnegie gave a brief PowerPoint presentation on the improvements done to Pyke Field, Ruby Van Deventer Park, Florence Keller Park, and the Bertsch Tract Park.

BOARD OF EQUALIZATION

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 28, 2011

 

 

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