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, May 22, 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:     Leslie McNamer, Martha McClure, Michael Sullivan and Gerry Hemmingsen

                  

Absent:       David Finigan

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); Zumbrum Law Firm v. Del Norte County, et al, Sacramento Superior Court, Case #34-2012-00118655  (B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - two cases; Discussion of Public Land Transfers; 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 Community Development.

 

 

 

 

REGULAR SESSION 10:00 A.M.

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

·        The Pledge of Allegiance led by the Chair.

Action: Chair Sullivan 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.

·        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 McClure reported on traveling to Marin for a Coastal Commission meeting, and attending a Redwood Transit Authority meeting.

Supervisor Hemmingsen reported on attending the previous Board of Supervisors meeting in Klamath as well as the Ribbon Cutting for the Townsite Boat Ramp, attending an Resource Conservation and Development meeting, attending a Travel Management Meeting at the Lighthouse Inn that was put on by the Forest Service, attending a Local Transportation Commission meeting, attending a Solid Waste Management Authority Agenda Review, attending a Coordination meeting with the Forest Service regarding the Travel Management Plan, commented on working with staff to prepare a letter with regard to the Travel Management Plan, attending an RCD meeting, traveling to Willows for a Sustainable Forest Action Coalition meeting, and attending a Local Area Formation Commission meeting.

Supervisor McNamer reported on attending the Townsite Boat Ramp Ribbon Cutting, commented on being attending a Tea Party potluck, attending a Local Transportation Commission meeting in place of Supervisor Sullivan, attending a Rotary Club meeting, attending the Republican Women's Luncheon where Tom Del Beccaro, Republican Party Chairman, spoke,  as well as a Town Hall Meeting where he appeared as well, and attending a Local Area Formation Commission meeting.

Supervisor Sullivan commented on being out of town for the last Board Meeting, attending a Tri-Agency Board meeting, meeting with Laura Olson from Cal-Endowment, commented on attending a joint meeting with the Curry County Commissioners, meeting with Monty Mendenhall regarding underground utilities, attending agenda review, meeting with Stacy Lawson, attending a 2x2 meeting with Forest Services regarding the Travel Management Plan, meeting with Tom Del Beccaro, commented on watching the eclipse, and commented that tomorrow there will be a scoping meeting in Gasquet and encouraged all to attend and give input.

·        Receive a brief report from the County Administrative Officer.

Action: County Administrative Officer, Jay Sarina, commented on having contract negotiations with the Public Defenders, reported on meeting with departments regarding their budgets, commented on AB109, stated that the Request For Proposal for Point St. George Phase II has just gone out and commented that he has been reviewing the Forest Service Travel Management Plan.

CONSENT AGENDA

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

Action: Supervisor Hemmingsen recused himself from Items #9 and #14 due to conflict of interest.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved the Consent Agenda, Items #1 through #15.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       4              Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve the Minutes from the April 30, 2012 Board of Supervisors' Joint Meeting.**   Document

Action: Approved

2.     Approve the Minutes from the May 8, 2012 Board of Supervisors meeting.**   Document

Action: Approved

3.     Approve a Proclamation Designating the Week of May 19th Through May 25th, 2012 as National Safe Boating Week in Del Norte County as requested by the US Coast Guard Auxiliary, District 11 North.**   Document

Action: Approved.

Bev Noll spoke to the Board regarding National Safe Boating Week.

4.     Approve a Proclamation designating the Week of May 20-26, 2012 as Emergency Medical Services Week.**   Document

Action: Approved.

Supervisor McClure read this Proclamation, stating that the Board is recognizing all three counties involved.

5.     Approve and authorize the Sheriff to enter into the annual agreement with the Drug Enforcement Administration to defray the costs related to the eradication and suppression of illicit marijuana as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2012-057)

6.     Approve and authorize the Chair to sign the attached Resolution authorizing the Del Norte County Community Development Department to apply for Local Enforcement Agency Grants for a period not to exceed five (5) years and delegate the Director of Community Development or his designee to sign the necessary applications, contracts, agreements, amendments, and payment request forms as requested by the Deputy Director of Building and Planning.**   Document

Action: Approved (DNCO Resolution 2012-011)

7.     Approve and authorize the Chair to sign the First Amendment to Agreement 2010-095 between the County of Del Norte and Jim Phillips Nursing, Inc. as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreements 2012-058)

8.     Approve and authorize the Chair to sign the First Amendment to Agreement 2010-094 between the County of Del Norte and Tim Nicely M.D. and Howard Croy, PA-C as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-059)

9.     Approve the attached Agreements with VSS Emultech, and Tidewater Contractors, Inc. for road materials supply as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved (DNCO Agreements 2012-060 and 2012-061)

10. Authorize staff to dispose of the Nuclear Gauge due to infrequent use and unjustified expense as requested by the Deputy Director of Engineering & Roads.   Document

Action: Approved

11. Approve and authorize the Probation Department to finance award plaques for employee to be presented at the 17th annual LEADN Awards as requested by the Chief Probation Officer.**   Document

Action: Approved

12. Approve and authorize the Chair of the Board of Supervisor to sign Amendment No. 1 to the Agreement for Bar-O Boys Ranch Placement with Napa County as requested by the Chief Probation Officer.**   Document

Action: Approved (DNCO Agreement 2012-062)

13. Approve and authorize the Chair to sign the attached Agreement for Professional Legal Services between the County of Del Norte and Jones & Dyer, A Professional Corporation as requested by County Counsel.**   Document

Action: This item was pulled from the Agenda.

14. Approve and authorize the Chair to sign an Agreement between Del Norte County and Elk Valley Rancheria regarding the Humboldt Road Project as requested by the Deputy Director of Roads and Planning.**   Document

Action: Approved (DNCO Agreement 2012-063)

15. Approve and authorize the Chair to sign an Agreement with Youth Development Network from March 1, 2012 to June 30, 2012, not to exceed $16,100.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2012-064)

BUDGET TRANSFERS:

Action: No Public Comment was given.

On a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board approved Budget Transfers (05-08), (05-09, (05-10), (05-12).

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Leslie McNamer, Michael Sullivan         

Vote Nay:       0              None

Vote Abstain: 0              None

16. Approve a Budget Transfer (05-08) in the amount of $3,690.00 within the Auditor/Controller budget as requested by the Auditor/Controller.**   Document

17. Approve a Budget Transfer (05-09) in the amount of $71,000.00 within the Public Defender Budget for defense counsel fees for Pelican Bay State Prison as requested by the County Administrative Officer.**   Document

18. Approve a Budget Transfer (05-10) in the amount of $5,000.00 within the Grants Administration-OES Budget as requested by the County Administrative Officer.**   Document

19. Approve a Budget Transfer (05-12) in the amount of $5,000.00 within the County Counsel Budget for outside legal services as requested by the Del Norte County Counsel.**   Document

SCHEDULED ITEMS:

20. 10:30 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 Zack Larson of Larson & Associates regarding the DIDSON Project and the existing funding gap as well as an update of the MLPA. Public Comment was also given by Victoria Dickey regarding appointments to the Solid Waste Task Force.

21. 10:40 A.M. Presentation by Greg Burns, Legislative Advocate, Van Scoyoc Associates.**   

Action: Greg Burns, Federal Legislative Advocate for Del Norte County, spoke to the Board regarding the following:

Secure Rural Schools, Essential Air Service Program, Tsunami Funding, National Flood Program, Forest Service Road Closures, salmon restoration, and Forest Service acquisition.

 

 

 

22. 10:55 A.M. Hold a Public Hearing regarding the request to vacate a portion of the County's Right of Way over Surfsound Court and adopt the Resolution to vacate it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Chair Sullivan opened the Public Hearing.

Tina McClendon, Deputy Director of Engineering and Roads, gave an overview on the item.

Public Comment was given by Don Vecchetti and Cindee Nelson.

Upon review the Board continued the Public Hearing until all appropriate documents could be supplied to the Board and the Board directed staff to bring this item back to the next BOS meeting.

23. 11:10 A.M. Presentation by Paul Kelley, North Coast Integrated Regional Water Management Plan (NCIRWMP) Policy Review Panel member regarding the NCIRWMP and future funding opportunities.   Document

Action: Paul Kelley gave a presentation to the Board and outlined the following topics regarding the North Coast Integrated Regional Water Management Plan:

 IRWM Program Overview, History, Governance, Objectives, Accomplishments, Incentives, and Funding Overview.

 

REGULAR ITEMS

LEGISLATIVE AND BUDGET ISSUES:

24. 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: Gary Blatnick, Director of Health and Human Services, spoke about Medi-cal Health and the Partnership for Healthcare of California. He commented that there might be an opportunity for the County to join this partnership. He commented that staff may have to work diligently before the next Board meeting. Jay Sarina commented that he has been watching a number of spot bills.

25. Approve and authorize the Chair to sign a letter to the United States Forest Service regarding the Coordination Meeting of 5/14/12, Smith River National Recreation Area Restoration and Motorized Travel Management Plan.**   Document

Action: Supervisor McClure suggests that the letter include the request for an extension of the scoping period at the beginning.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Chair to sign a letter to the United States Forest Service regarding the Coordination Meeting of 5/14/12, Smith River National Recreation Area Restoration and Motorized Travel Management Plan.

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