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, March 13, 2012

    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, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       Leslie McNamer

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, IHHS/CUHW, represented and unrepresented bargaining units. Discuss request by District of Attorney for Payment of Attorney’s Fees. II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a) Tolowa Nations et. al. v California Dept. of Fish & Game et al. Sacramento Superior Court Case #34-2012-00117161; Jon Miller v. County of Del Norte et al, United states District Court for the Northern District of California, CA 11-00474; Zumbrun Law Firm v. County of Del Norte, et al, Sacramento Superior Court Case #37-2012-00118655(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 DISCIPLINE/DISMISSAL/RELEASE (1) Deputy District Attorney( GC 54954.5 and 54957).. Pursuant to Gov’t Code 54997, conduct annual evaluation of the Director of Child Support Services, the Director of Community Development, and the County Administrative Officer. Discussion regarding Real Property Negotiations, Pappas; and Real Property Negotiations with the City of Crescent City regarding Sunset Circle.

 

 

 

 

REGULAR SESSION 10:00 A.M.

10:00 A.M. Call the  meeting to order and take roll.

·        The Pledge of Allegiance led by Supervisor Hemmingsen

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

·        Introduction of new employees to the Board of Supervisors

Action: Gary Blatnick, Director of Health and Human Services introduced Angela Fuhrmann Health Education Coordinator for the Nutrition Education and Obesity Prevention Program; Lori Simanovicki, Vocational Assistant for the Nutrition Education and Obesity Prevention Program; and Sherry Gibbons, Vocational Assistant for the Innovations Program.

·        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: No deletions, additions, or corrections were requested.

·        Receive other brief reports or announcements relative to the 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 Hemmingsen reported on meeting with Kevin Hendrick, Director of the Solid Waste Management Authority regarding the Zero Waste Program, attending a Border Coast Regional Airport Authority meeting, participating in a teleconference with NORTEC, attending a Local Transportation meeting, and attending a Dungeness Crab Task Force meeting in Ukiah regarding new legislation.

Supervisor McClure reported on attending a Senior Board meeting, attending a Solid Waste Meeting, commented on meeting with the new Regional Director of the Coastal Commission, attending a Coastal Commission meeting, and commented on commented that the MLPA environmental assessment is circulating for comments.

Supervisor Finigan reported on attending a Solid Waste Management Authority meeting, attending a Tri-Agency meeting and commented on an upcoming workshop, attending the Elk Valley Rancheria Head Start program, attending a Border Coast Regional Airport Authority meeting, commented on filing papers for re-election, traveled to Washington  for NACO Legislative Days in which he participated in the following: attending a Transportation Steering Committee meeting and an Airport Subcommittee meeting regarding SAFETLU, Map 21 bill, Secure Rural Schools amendment, Off-System Bridges Amendment; meeting with Representative George Miller, meeting  with the Associate Director of the White House Intergovernmental Affairs, meeting with the Liaison to county government, meeting Congressional Delegates, meeting with the head of the Democratic Caucus, meeting with Representative Brian Bilbray, meeting with Senator Feinstein, meeting with the Army Corps of Engineers, meeting with Senator Boxer, and meeting with Congressman Thompson. He stated that the main issues for CSAC were: transparency in the Indian Fee-to-Trust Reform, reauthorization of SAFETLU, Map 21, reauthorization of Secure Rural Schools, the Army Corps of Engineers Levy vegetation removal, the Clean Water Act, the State Criminal Alien Assistance Program (SCAAP), the Property Assessed Clean Energy Programs (PACE), and TANF.  He also reported on attending a Port Safety meeting at the Crescent City Harbor.

Supervisor Sullivan reported on attending a Local Transportation meeting and commented on the number of fatalities on 101 North as well as a traffic calming study for the South end of town, meeting with Grant Werschkull from the Smith River Alliance, regarding the Interagency Visitor's Center, attending the Youth Basketball awards and commended the Del Norte Recreation Program, attending Davy Crockett's funeral, attending the Area 1 Agency on Aging Public Hearing, attending the Solid Waste Management Authority meeting, and attending LRT's production of Willy Wonka.

·        Receive a brief report from the County Administrative Officer.

Action: Jay Sarina, CAO, reported on Administration staff reviewing RFP's for Broker Services, commented that the County received an award for the Tire-Derived project, commented on receiving an email from the County's Federal Advocate with letters outlining programatic requests for Fiscal Year 2013 for Del Norte County, commented that staff is working with Resighini Rancheria regarding an  MOU for Road Management, commented on an upcoming meeting next week in Humboldt regarding Red Mountain, meeting with Troy Fletcher, the Administrator for the Yurok Tribe, commented on an upcoming meeting with the Northcoast County Administrative Officers at the end of the month, commented on the Townsite Boat Launch and stated that there will be a ribbon cutting on May 8, 2012 to coincide with the Board of Supervisors' meeting.

CONSENT AGENDA

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

Action: Public Comment was given by Eileen Cooper regarding Item #6.

Supervisor Finigan commented on Item #5.

On a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items #1 through #9).

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Michael Sullivan, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve the Minutes for the February 28, 2012 meeting.**   Document

Action: Approved

2.     Approve a Proclamation proclaiming April 14, 2012 as the day of the "Distinguished Young Woman".**   Document

Action: Approved.

Barbara Lopez accepted this proclamation.

3.     Approve a Step Increase for County Counsel.   

Action: Approved

4.     Approve and authorize the Chair to sign the Agreement with BHC Sierra Vista Hospital in Sacramento, CA for Psychiatric Inpatient Hospital Services from July 1, 2011 through June 30, 2012, not to exceed $50,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2012-034)

5.     Approve and authorize the Chair to sign an agreement with Financial Marketing Concepts (FMC), Inc. to provide their Coast2Coast Rx discount pharmacy card as requested by the County Administrative Officer.*   Document

Action: Approved (DNCO Agreement 2012-035)

6.     Approve and authorize the Chair to sign a letter to the Director of the California Department of State Parks and Recreation regarding the Potential Land Exchange between the California Department of Fish and Game and Tolowa Dunes State Park as requested by the Fish and Game Advisory Commission.**   Document

Action: Approved

7.     Approve a contract with Day Wireless Systems to provide Narrowband Radio Accessories as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-036)

8.     Approve and adopt a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the Del Norte Conservation District for weed control work related to the Resource Advisory Committee (RAC) funded "Pulling it Together Project" as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2012-004)

9.     Approve and appoint Don Olson, Superintendent of the Del Norte Unified School District and the County Office of Education, to the Commission as a new Public Member as requested by the Executive Director of First 5 Del Norte.**   Document

Action: Approved

BUDGET TRANSFERS:

10. Approve a Budget Transfer (03-02) in the amount of $4,000.00 within the Agricultural Commissioner's Budget as requested by the Agricultural Commissioner.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor Hemmingsen, the Board approved Budget Transfer (03-02).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

Vote Yea:       4              David Finigan, Gerry Hemmingsen, Martha McClure, Michael Sullivan         

Vote Nay:       0              None

Vote Abstain: 0              None

SCHEDULED ITEMS:

11. 10:35 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 Summer Clausen, David Alvarez, and Joseph Hernandez regarding IHHS. Sarah Demuth, First 5 Vista, commented that First 5 has released a Resource Guide for Parents and Families.

12. 10:45 A.M. Presentation by the UC Cooperative Extension to introduce the new Healthy Families and Communities advisor.   

Action: The new Healthy Families and Communities Advisor, Dorina Espinoza gave an update to the Board.

13. 11:00 A.M. Presentation by Bill Renfroe, Director of the Tri-Agency Economic Development Authority, regarding the 2011 Economic Development Accomplishments & the 2011-2012 Mid Year Project.**   Document

Action: Bill Renfroe gave a presentation and covered the following topics: the Tsunami in Del Norte County last year, CEDS approval by the U.S. EDA, HAS199.com update regarding the Harbor, Airport, Sewer, Highway 199, .com (Broadband); Real Property, Public Information Outreach, Regional Collaboration, and the 2011-2012 Action Plan Update,

14. 11:15 A.M. Conduct a Public Hearing to discuss submission of the 2012 Community Development Block Grant Application and approve and adopt a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2012 STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT as requested by the County Administrative Officer.**   Document

Action: Chair Sullivan opened the Public Hearing.

Jim Carnegie, Fiscal Manager, presented this item.

The Board expressed concerns regarding a decrease in programs such as senior nutrition and adult literacy. Questions were also asked with regards to the programs that did not make the list for the application.

Jim Carnegie stated that this funding would be projected to cover two fiscal years.

Comments were made by Jeff Daniels, Road Superintendent and Rosanna Bower, Assistant Engineer regarding the Fred Haight Drive Project.

Public Comment was given by Charlene Mazzei, Executive Director for the Senior Center, and Christine Slette from CASA Del Norte.

Supervisor Hemmingsen made a motion to accept version 2 of the Resolution.

After discussion, Supervisor Hemmingsen rescinded his motion and the Board gave the following direction:

Direction to staff was made to come back with numbers at the March 27, 2012 meeting to reflect the following: bring CASA back up to being fully funded, include the Senior Nutrition program with additional funding to go towards the Adult Literacy Program, take the administration out of Housing Rehabilitation, leave the Multi-family Rental Rehabilitation whole, to what they've requested, and the amount left over (to reach the 2,000,000 mark) to be put into the Public Improvement- Fred Haight Drive Project.

 

REGULAR ITEMS

GENERAL GOVERNMENT:

15. Review and take possible action regarding the request for a fee waiver by Del Norte Habitat for Humanity.**   Document

Action: Carol Mathews presented this item.

Public Comment was given by Roger White.

On a motion by Supervisor McClure and seconded by Supervisor Hemmingsen, the Board moved to accept an exchange of services in lieu of fees. This motion passed by a polled vote 4-0, with Supervisor McNamer absent.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Martha McClure, Michael Sullivan, David Finigan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

16. Accept the attached application from the Bar-O Boys Ranch for Title III funding in the amount of $15,000.00 and direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review as requested by the Director of Community Development.**   Document

Action: Kevin Hamblin, Director of Community Development, presented the item.

On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board accepted the attached application from the Bar-O Boys Ranch for Title III funding in the amount of $15,000.00 and directed the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

Vote Yea:       4              Martha McClure, David Finigan, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

17. Review the Mitigation and Monitoring Plan (MMP) for the TERMINAL projects and give consent to the Border Coast Regional Airport Authority for the use of privately held and County owned property in developing final designs for the TERMINAL MMP for this project, utilizing Pacific Shores Subdivision as detailed in the MMP as requested by the Airport Director.**   Document

Action: James Bernard, Airport Director and Misha Schwarz of GHD, Inc. presented the item.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board gave consent to the Border Coast Regional Airport Authority for the use of privately held and County owned property in developing final designs for the TERMINAL MMP for this project, utilizing Pacific Shores Subdivision as detailed in the MMP.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

18. Review the Mitigation and Monitoring Plan (MMP) for the RSA project, and give consent to the Border Coast Regional Airport Authority for the use of privately held and County owned property in developing final designs for the RSA MMP for this project, utilizing Pacific Shores Subdivision and Point Saint George property as requested by the Airport Director.**   Document

Action: Supervisor Finigan made a motion for the Board of Supervisors to consent to utilize, for planning purposes, County owned or private property at Pacific Shores Subdivision and Point Saint George Property without specifying the exact mitigation. The motion was seconded by Supervisor McClure. The vote passed 3-1.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       3              David Finigan, Martha McClure, Michael Sullivan        

Vote Nay:       1              Gerry Hemmingsen

Vote Abstain: 0              None

19. Approve the appointment of one member of the Board of Supervisors to the Redevelopment Agency Oversight Committee and direct staff to advertise for the position of "Public Member" on the committee.**   

Action: The Board appointed Supervisor Finigan to the Redevelopment Agency and directed staff to advertise for the position of Public Member.

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 SRS, the Transportation Bill, Legislative Platform, and the increase of PERS.

21. Approve the following recommendations: (1) Receive and file the mid-year budget update as submitted by the County Administrative Officer and the Auditor-Controller; and (2) Direct that departments maintain revenue and expenditures as estimated in the mid-year report and continue working on solutions to reduce net county costs; and (3) Freeze non-essential General Fund positions that become vacant prior to year end and any non-general fund positions that result in increased cost to the General Fund; and (4) Freeze all non-essential Services and Supplies expenditures as requested by the County Administrative Officer.**   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Finigan, the Board approved the following recommendations: (1) Receive and file the mid-year budget update as submitted by the County Administrative Officer and the Auditor-Controller; and (2) Direct that departments maintain revenue and expenditures as estimated in the mid-year report and continue working on solutions to reduce net county costs; and (3) Freeze non-essential General Fund positions that become vacant prior to yearend and any non-general fund positions that result in increased cost to the General Fund; and (4) Freeze all non-essential Services and Supplies expenditures.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan

 

Vote Yea:       4              Gerry Hemmingsen, David Finigan, Martha McClure, Michael Sullivan         

Vote Nay:       0              None

Vote Abstain: 0              None

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 16, 2014

 

 

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