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, June 12, 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, 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, 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  ; Jon Miller v. Del Norte County, U.S. District Court, Northern District of California, CV 11-00474 (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 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 stated that she was directed to work forward towards a possible settlement regarding the case Jon Miller v. Del Norte County, U.S. District Court, Northern District of California, CV 11-00474.

·        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, corrections, or additions, 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 McNamer reported on attending a Solid Waste Management Authority meeting, attending a Chamber Board meeting, attending a Chamber Mixer at the Verizon Store, and attending the Farmer's Market.

Supervisor Hemmingsen reported on attending a Solid Waste Management Authority meeting, attending a Farm Bureau meeting regarding stream bed restoration, attending a Border Coast Regional Airport Authority workshop regarding terminal modification, attending the Memorial Day Services, attending a Tri-Agency Economic Development Authority in place of Supervisor Sullivan, attending a meeting regarding Red Mountain, attending a  Local Mental Health Board meeting, and attending a Local Transportation Commission meeting.

Supervisor McClure thanked the community for their support in the election, reported on attending a Solid Waste Management Authority meeting, attending the Memorial Day services, and commented on speaking with the Governor's office on a number of issues.

Supervisor Finigan reported on attending a Redevelopment Agency meeting regarding the possible dissolution, participating in a CSAC conference call regarding future conferences, attending a roundtable meeting at Sunset School regarding school meals, commented on traveling to New Mexico for National Association of Counties, attending an JPA Airport Authority meeting, traveling to Sacramento for a CSAC Legislative Conference, attending a CSAC Board of Directors meeting where the Governor came and participated in the discussion, meeting with the Finance and Department of Corrections regarding our Sheriff's Budget, attending a function with the Governor among others, commented on being a judge in "Rethink your Drink", thanked his constituents for re-electing him, and attending the Chamber Mixer at Gamer's retreat.

Supervisor Sullivan reported on attending a Local Transportation Commission meeting, attending a Solid Waste Management Authority meeting, attending a Tri-Agency Economic Development meeting, participating in Agenda Review, attending a North Deal meeting in Eureka, commented on Last Chance Grade and the work being done by CalTrans, also commented on the roughing of pavement for Hamilton Hill to make the route safer, attending the Farm Bureau Dinner, meeting with a Women's Group that regarding issues Smith River, and congratulated Supervisors Finigan and McClure for winning their relections.

·        Receive a brief report from the County Administrative Officer.

Action: Jay Sarina, County Administrative Officer, reported on participating in conference calls regarding impacts of state budget on our County, commented on AB109, IHHS Issues, and plans submitted by departments with deficits with possible solutions for the 12-13 year. He also commented that they were in the process of interviewing perspective insurance brokers, reported on meeting with Gene Palazzo regarding Sheriff's services, commented on negotiations regarding the Public Defender contract, stated that the Pebble Beach Coastal Trail RFP's have come in and are being reviewed, stated that they County has recently joined eCivis which provides a grant database to maximize County money to offset costs throughout the County, and stated that the budget process was still continuing.

CONSENT AGENDA

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

Action: Chair Sullivan recused himself from Item #7.

No Public Comment was given on the Consent Agenda.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the Consent Agenda, (Items #1 through #24).

 

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

1.     Approve the Minutes from the May 22, 2012 Board of Supervisors' meeting.**   Document

Action: Approved

2.     Approve the Chair to sign a Resolution of the Del Norte County Board of Supervisors Commemorating the 75th Anniversary of the Golden Gate Bridge.**   Document

Action: Approved (DNCO Resolution 2012-012)

3.     Approve and authorize a Proclamation in Recognition of the Two Hundred Year Anniversary of War of 1812, the Week of June 12-18, 2012.**   Document

Action: Approved

4.     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: Approved (DNCO Agreement 2012-067)

5.     Appoint Supervisor Hemmingsen to the Sustainable Forest Action Coalition .   Document

Action: Approved

6.     Approve and authorize the Chair to sign an agreement for part-time child support attorney services at a rate of $65 per hour totaling no more than $70,000.00 for the FY 2012-2013 as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2012-068)

7.     Approve a contract with John Fay dba JPF Investigations for local process services as requested by the Director of Child Support Services.**   Document

Action: Approved (DNCO Agreement 2012-069)

8.     Approve and authorize the Chair to sign the attached agreement with the State of California, California Department of Transportation for a Exchange/Match Funding Agreement for Regional Surface Transportation Program funds as requested by the Deputy Director of Engineering & Roads.**   Document

Action: Approved (DNCO Agreement 2012-078)

9.     Approve the application to the California Emergency Management Agency monies for the Victim Witness Program; and (2) Adopt the Resolution for the continuing implementation of this program within the District Attorney's Office.**   Document

Action: Approved (DNCO Resolution 2012-017)

10. Approve a wireless device allowance for the new Deputy County Counsel Laura Cutler, hired May 1, 2012, for the time period of 05/01/02 through the end date of 06/30/12, in the amount of $172.86 as requested by County Counsel.**   Document

Action: Approved.

11. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the County of Humboldt for use of equipment and labor required for the testing of commercial weighing and measuring devices in Del Norte County as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2012-013) (DNCO Agreement 2012-070)

12. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture, Division of Measurement Standards as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2012-014) (DNCO Agreement 2012-014)

13. Accept a report on Redwood & Pine Grove School Crosswalks as requested by the Road Superintendent. Informational Only.   Document

Action: Accepted and Approved.

14. Approve a contract with Stover Engineering to provide Labor Compliance services for the implementation of a 2009 Community Development Block Grant related to the reconstruction of the Harbor District's Inner Basin; and authorize the County Administrative Officer to execute all necessary documents associated with the above listed agreements as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-066)

15. Approve a Subrecipient Agreement with Rural Human Services for Culinary Arts Training Facility Feasibility Study to implement a portion of the County's 2010/11 Planning and Technical Assistance Allocation Community Development Grant; and authorize the County Administrative Officer to execute all necessary documents associated with the above listed agreements as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-076)

16. Approve a Subrecipient Agreement with Smith River Community Services District for Smith River Community Hall ADA Improvements Study to implement a portion of the County's 2010/11 Planning and Technical Assistance Allocation Community Development Block Grant as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-075)

17. Approve a Subrecipient Agreement with Tri-Agency Economic Development Authority for a Cellulosic Ethanol Production Facility Planning Study to implement a portion of the County's 2010/11 Planning and Technical Assistance Allocation Community Development Block Grant; and Authorize the County Administrative Officer to execute all necessary documents associated with the above listed agreements as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-077)

18. Approve the Community Services and Supports (CSS), Prevention and Early Intervention (PEI) & Innovation (INN) Annual Update FY 2012/2013 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2012-072)

19. Approve and authorize the Chair to sign an Agreement with Cascade Software Systems, Inc. WinCAMS Cost Accounting System not to exceed $19,500.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2012-073)

20. Approve and adopt a Resolution entitled, A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS AUTHORIZING CONTRACT THIRD PARTY ADMINISTRATOR TO REJECT, SETTLE, COMPROMISE OR APPROVE WORKERS' COMPENSATION CLAIMS FILED AGAINST THE COUNTY as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2012-015)

21. Appoint County Counsel Gretchen Stuhr and reappoint Tina McClendon, Robert N. Black, Michael Skudstad, Robert Drossel to the Del Norte County Law Library Board with Deputy County Counsel Laura Cutler as an alternate as requested by the County Administrative Officer.**   Document

Action: Approved

22. Approve the transfer of Eleven (11) existing prepaid sewer connections between properties owned by Hambro Forest Products, Inc as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

23. Accept a report on No Net Loss of Privately-Owned Land by Federal, State or Sovereign Governments and direct staff to follow the policy as outlined below as well as previously adopted Resolutions and actions that support this policy as requested by the County Administrative Officer.**   Document

Action: Accepted and approved

24. Approve a contract with NSP3 to provide Rubber Bark and signage for the implementation of a CalRecycle Tire-Derived Product Grant Program related to the use of a recycled plant product called Rubber Bark at 4 playgrounds within Del Norte County as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2012-074)

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved Budget Transfers (05-13), (05-14), (06-01), (06-02), (06-03).

 

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

25. Approve a Budget Transfer (05-13) in the amount of $77,252.00 within the Bioterrorism Preparedness budget to realign budget line items as requested by the County Administrative Officer.**   Document

26. Approve a Budget Transfer (05-14) in the amount of $500,730.00 within the Public Safety Realignment funding as requested by the Auditor/Controller.**   Document

27. Approve a Budget Transfer (06-01) in the amount of $63,000.00 within the Road Division Budget for the purchase of a striping machine as requested by the Road Superintendent.**   Document

28. Approve a Budget Transfer (06-02) in the amount of $7,000.00 within the Community Services Area 1 budget Interfund Engineering to Contracted Construction as requested by the Deputy Director of Planning and Roads.**   Document

29. Approve a Budget Transfer (06-03) in the amount of $54,917.00 within the Jail Budget Unit as requested by the Sheriff-Coroner.**   Document

SCHEDULED ITEMS:

30. 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 Chris McCollum and Doreen Wells regarding Governor Brown's proposed budget reductions to California's Early Care and Education Child Development Programs. Public Comment was also given by Zack Larson to give an update on the MLPA process.

31. 10:25 A.M. Recognition of students who have achieved 100% Attendance at school this year.   

Action: This item was removed from the agenda.

32. 10:30 A.M. Receive a presentation by Kevin Hendrick, Director of Del Norte Solid Waste with regard to the Solid Waste Budget and take action as necessary   Document

Action: Kevin Hendrick, Director of Solid Waste presented his budget.

33. 10:45 A.M. Receive a presentation from Will Harling, Executive Director of the Mid Klamath Watershed regarding the Orleans Somes Bar Community Wildfire Protection Plan and take action as necessary.**   Document

Action: Will Harling, Executive Director of the Mid Klamath Watershed presented to the Board.

After consideration, the Board asked that they be able to review the document and bring it back to the next Board meeting to approve the Chair to sign it.

34. 11:00 A.M. Receive a presentation from Tamera Leighton, Executive Director of the Del Norte Local Transportation Commission for an update on the California Transportation Statewide Needs Assessment. Information only.   

Action: Tamera Leighton, Executive Director of the Del Norte Local Transportation Commission gave an update on the California Transportation Statewide Needs Assessment.

35. 11:15 A.M. Hold a Public Hearing for a Rezone and General Plan Amendment of APN 106-220-01(Lafazio) as requested by the Planner II.**   Document

Action: Randy Hooper presented this item.

No Public Comment was given.

On a motion by Supervisor Hemmingsen and seconded by Supervisor McClure, the Board approved and adopted an Ordinance replacing Non-Coastal Zoning Map D-7 and a Resolution amending the General Plan Land Use Designation for APN 106-220-01.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

36. 11:30 A.M. Receive a presentation regarding a committee on Sutter Coast Hospital Regionalization and take action as necessary.**   

 

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

REGULAR ITEMS

GENERAL GOVERNMENT:

37. Consider and approve proposed BCRAA budget, as provided in Article IV "FUNDING" of the BCRAA JPA agreement as requested by the Airport Director.**   Document

Action: On a motion by Supervisor Hemmingsen and seconded by Supervisor Finigan, the Board approved proposed BCRAA budget, as provided in Article IV "FUNDING" of the BCRAA JPA agreement.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

38. Consider and approve the proposed Special Aviation Budget for 2012/13 as requested by the Airport Director.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the proposed Special Aviation Budget for 2012/13.

 

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

LAND USE:

39. Deny the Land Use Appeal for RBS Washington Blvd., LLC as it is inconsistent with County Code and the conditions of approval for major subdivision MJ1202 as requested by the Director of Community Development.**   Document

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

Appellant Stephen Au Clair presented to the Board.

The Board asked questions regarding street traffic and commented on County policy.

On a motion by Supervisor McNamer and seconded by Supervisor Hemmingsen, the Board denied the Land Use Appeal for RBS Washington Blvd., LLC as it is inconsistent with County Code and the conditions of approval for major subdivision MJ1202

 

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

40. 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, stated that the significant issues at the moment were the State Budget, potential impacts to the County, IHHS, and the Jail and Sheriff's budget deficit.

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