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, August 14, 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, Gerry Hemmingsen and David Finigan

                  

Absent:       Michael Sullivan

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); 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. 

 

 

 

 

REGULAR SESSION 10:00 A.M.

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

·        The Pledge of Allegiance.

Action: Supervisor McNamer 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, 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 Finigan reported on attending CSAC and NACO recap meetings, meeting with staff regarding the Yurok tribe compact, and attending a First 5 retreat reviewing the current program and future direction of the organization.  Also reported was attendance at an RDA oversight committee meeting with the City, attending Jeremi Ruiz's and Margaret Garcia's farewell celebrations, an RCTA public hearing on rate increases and State association officer calls.

Supervisor McClure reported on attending the Fair and her participation with the Job's Daughters Dough Boy booth, a meeting with Wes Chesbro regarding CalFire, and meeting with local Doctors regarding the hospital regionalization issues and the related temporary restraining order issues.  Supervisor McClure also announced that Jared Huffman would be in the area this Saturday (August 18, 2012) and will be sponsoring a beachfront BBQ from 3:00 pm to 5:00 pm, and he will also be attending the Salmon Festival.  Also reported was working with the Coastal Conservancy on the Harbor's request, meeting with Karen Kovacs from Fish & Game regarding Marhoffer Creek and where Pebble Beach is on planning issues.  Also reported was attendance at the Coastal Commission meeting, RAC funding proposals are currently being accepted, MLPA representatives will be at the Harbor this Thursday (August 16, 2012), and assisting her daughter in moving to college to attend nursing school.

Supervisor Hemmingsen reported on attending a Solid Waste Management Authority meeting, meeting with Karen Kovacs from Fish & Game regarding Pacific Shores and fishing accesses, attending a BCRAA meeting regarding the FAA grant request for RSA and terminal design, and that the coastal development permit extension was approved.  Also reported was attendance at a NORTEC meeting in Redding where new members of the workforce investment board were elected, attending an LTCO meeting with a presentation on Last Change grade, attending the farewell celebrations for Jeremi Ruiz and Margaret Garcia, attendance at the Fair concert and rodeo, and the purchase of an animal at the livestock auction.  Also reported was attendance of the services for Rita Rossini.

Supervisor McNamer reported on chairing the Solid Waste Management Authority meeting in the absence of the Chair, attending a 2x2 meeting with the healthcare district along with Supervisor McClure, meeting with Karen Kovacs from Fish & Game along with Supervisor McClure, attendance at the town hall meeting at Crescent Elk School regarding hospital regionalization issues, meeting with Donna Westfall, attendance at a Chamber meeting discussing the decreasing revenue and the affects it may have on next year's July 4th celebrations, lunch at the Senior Center with Wes Chesbro where a proclamation was presented for his assistance with the weatherization program issues and attendance at the Fair and purchasing of an animal at the livestock auction

·        Receive a brief report from the County Administrative Officer.

Action: Jay Sarina, County Administrative Officer, commented on the replacement of wood chips with rubberized mulch at the Berstch Tract park and Florence Keller Park, and that a similar project will be happening soon at the Pikes Field complex.  Also reported was a meeting with the Consultant on Point Saint George implementation project, and that the environmental process is underway.  The Battery Point project is underway and the railing is now complete.  Manual Arts project is also complete.  The Board will receive a budget update at next meeting if possible.

CONSENT AGENDA

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

Action: Item #38 was pulled for placement on a future agenda.  Items #3, 13, 16, 28 and 39 were pulled for separate discussion.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items 1-2, 4-12, 14-15, 17-27, 29-37).

Motion: Move to approve

Move:   David Finigan

Second: Martha McClure

Vote Yea:       4              Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve the Minutes for the July 24, 2012 Board of Supervisors' meeting.**

Action: Approved

2.     Approve and adopt a RESOLUTION OF THE DEL NORTE COUNTY SUPERVISORS ADOPTING A POLICY TO CONTINUALLY COMPLY WITH ALL THE REQUIREMENTS OF THE BROWN ACT DURING THE STATE OF CALIFORNIA'S THREE-YEAR SUSPENSION OF STATE MANDATES AS CONTAINED IN AB 1464 AND SB 1006.**

Action: Approved (DNCO Resolution 2012-023)

3.     Approve and authorize the Chair to sign a letter in opposition to transfer of off highway vehicle local assistance funds to state park as requested by Supervisor Hemmingsen.**

Action: Approved

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

Vote Yea:       4              Martha McClure, David Finigan, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve a resolution entitled A Resolution of the Board of Supervisors of the County of Del Norte, State of California Honoring Margaret Garcia, Retiring Del Norte County Employee.  **

Action: Approved (DNCO Resolution 2012-024)

5.     Approve the reappointment of Blake Alexandre, Matt Westbrook, and Richard Wetherell as members of the Board of Directors for the Del Norte Resource Conservation District for a four year term as requested by the Del Norte Resource Conservation District.**

Action: Approved

6.     Approve and authorize the Chair to sign the attached letter to U.S. Fish and Wildlife Service commenting on the Proposed Rule, Draft Environmental Assessment and Draft Economic Analysis relating to the proposed revised critical habitat for the Northern Spotted Owl, as requested by the Deputy Director of Building and Planning.**

Action: Approved

7.     Approve a Resolution Approving an Agreement with the California Department of Food and Agriculture and Authorizing the Agricultural Commissioner to Sign the Agreement in the amount of $5,670.00 on Behalf of Del Norte County, as requested by the Agricultural Commissioner.**

Action: Approved (DNCO Resolution 2012-025) (DNCO Agreement 2012-109)

 

8.     Approve a Resolution Approving an Agreement with the California Department of Food and Agriculture and Authorizing the Agricultural Commissioner to Sign the Agreement in the amount of $8,575.60 on Behalf of Del Norte County as requested by the Agricultural Commissioner.**

Action: Approved (DNCO Resolution 2012-026) (DNCO Agreement 2012-110)

9.     Approve a Resolution Approving an Agreement with the California Agricultural Commissioners and Sealers Association and Authorizing the Agricultural Commissioner to Sign the Agreement for $1,855.00 on Behalf of Del Norte County, as requested by the Agricultural Commissioner.**

Action: Approved (DNCO Resolution 2012-027) (DNCO Agreement 2012-111)

10. Approve and adopt a Resolution entitled Submittal of an Application to the California State Department of Housing and Community Development for Funding Under the Home Investment Partnerships Program; and if Selected, the Execution of a Standard Agreement, Any Amendments Thereto, and Any Related Documents Necessary to participate in the Home Investment Partnerships Program as requested by the County Administrative Officer.**

Action: Approved (DNCO Resolution 2012-028)

11. Accept report on status of 2012 Notice of Funding Availability (NOFA) issued by Department of Housing and Community Development (HCD) for Community Development Block Grant (CDBG) program as requested by the County Administrative Officer.  No action is necessary.**

Action: Approved

12. Approve and adopt the Local Agency DBE Annual Submittal form for FFY 2012/2013 as requested by the Assistant Engineer.**

Action: Approved

13. Approve and authorize the Chair to sign the attached letter opposing and commenting on the US Fish and Wildlife Service's proposed critical habitat designation for the tidewater goby in Del Norte County as requested by the Planner.**

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

Vote Yea:       3              David Finigan, Gerry Hemmingsen, Leslie McNamer   

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None

14. Appoint Neal Lopez, Assistant County Administrative Officer as the Alternate Del Norte County representative to the CSAC-Excess Insurance Authority (CSAC-EIA) Board of Directors as requested by the County Administrative Officer.**

Action: Approved

15. Appoint Neal Lopez, Assistant County Administrative Officer as the Alternate Del Norte County representative to the Trindel Board of Directors as requested by the County Administrative Officer.**

Action: Approved

16. Approve and authorize the Chair to sign the proposed Amendment to Del Norte County Agreement No. 2012-023 between the County of Del Norte and Rocky Brown & Associates as requested by the Deputy Director of Engineering and Road Divisions.**

Action: Supervisor Hemmingsen recused himself from this item due to a conflict.  Public comment given by Ron Mayhue and Janice Wilson.  Item was tabled to a future agenda

17. Approve and authorize the Sheriff to enter into a State and Local Overtime and Authorized Expense agreement for FY 2012 as approved by the US Department of Justice as requested by the Sheriff/Coroner.**

Action: Approved (DNCO Agreement 2012-113)

18. Approve and authorize the following 1) the application the California Emergency Management Agency monies for 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.**

Action: Approved (DNCO Resolution 2012-029)

19. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-114)

20. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-115)

21. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-116)

22. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-117)

23. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-118)

24. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-119)

25. Approve and authorize the Chair to 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.**

Action: Approved (DNCO Agreement 2012-120)

26. Approve and authorize the County Administrative Officer to sign an Agreement with Dr. Kushner for Coroner services on behalf of the Sheriff/Coroner.**

Action: Approved (DNCO Agreement 2012-121)

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

Action: Approved (DNCO Agreement 2012-122)

28. Approve and authorize the Chair to sign Lease Agreement with George M. Mavris for Department of Health & Human Services, Alcohol and Other Drug Programs office space for the period of July 1, 2012 to June 30, 2013, not to exceed $21,387, as requested by the Director of Health & Human Services.**

Action: Item pulled from agenda for discussion with the Future Facilities Goal committee.

29. Approve and authorize the Chair to sign Amendment to the Agreement with Richard Pearcey dba: Del Norte Taxi for consumer mental health transportation services for the period July 1, 2012 through June 30, 2013, not to exceed $20,000, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-124)

30. Approve and authorize the Chair to sign Agreement with Davis Guest Home, Inc. for Augmented Adult Mental Health Residential Support Services for the period July 1, 2012 through June 30, 2013, not to exceed $39,432, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-125)

31. Approve a Resolution of the Del Norte County Board of Supervisors Establishing Rates for Mental Health Services as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Resolution 2012-030)

32. Approve the dissolution of the Department of Health & Human Services Wraparound Imprest Petty Cash account as requested by the Director of Health & Human Services.**

Action: Approved

33. Approve and adopt A Resolution of the Board of Supervisors of the County of Del Norte Establishing Medi-Cal Managed Care as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Resolution 2012-031)

 

 

 

34. Approve and authorize the Chair to sign Agreement with Sandra Morrison to provide Clean and Sober Residential Services from July 1, 2012 through June 30, 2013, not to exceed $15,000, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-126)

35. Approve and authorize the Chair to sign Agreement with Sandra Morrison dba Trillium House for alcohol and other drug abuse residential services from July 1, 2012 through June 30, 2013, not to exceed $6,060 per year, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-127)

36. Approve and authorize the Chair to sign Agreement with Sandra Morrison dba Jordan Recovery Center residential substance abuse services from July 1, 2012 through June 30, 2013, not to exceed $6,030, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-128)

37. Approve and authorize the Chair to sign the Agreement with Crestwood Behavioral Health, Inc. (CBH), Sacramento, CA to provide long-term psychiatric placement for severely mentally disordered adults for the period July 1, 2012 through June 30, 2013, not to exceed $331,200, as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-129)

38. Approve and authorize the Chair to sign the amended agreement with Nicholas M. Mavris for Professional Attorney Services increasing agreement to not to exceed $192,000 and allowing an excess of 40 hours a week as necessitated by impending trial, as requested by the District Attorney.**

Action: Item pulled from agenda as it had not been reviewed by County Counsel.

39. Approve the County Seal Policy for the Del Norte County Board of Supervisors.**

Action: Approved with the first paragraph stricken and direction to staff to bring back a representation of the official County Seal.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, David Finigan, Leslie McNamer         

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM, EXCEPT ITEM 42, WHICH WAS PULLED TO A FUTURE AGENDA. (07-01, 07-02, 07-04)

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

Vote Yea:       4              David Finigan, Gerry Hemmingsen, Martha McClure, Leslie McNamer         

Vote Nay:       0              None

Vote Abstain: 0              None

40. Approve budget transfer (07-01) in the amount of $39,150.00 within the Capital Projects budget as requested by the County Administrative Officer.**

Action: Approved.

41. Approve budget transfer (07-02) in the amount of $41,197.00 within the Code Enforcement/Public Nuisance Budget as requested by the Deputy Director of Building and Planning. **

Action: Approved.

42. Approve budget transfer (07-03) in the amount of $185,000.00 within the District Attorney's budget, as requested by the District Attorney.**

Action: Pulled to a future agenda.

43. Approve budget transfer (07-04) in the amount of $2,000.00 within the County Counsel's 2011-2012 budget as requested by County Counsel.**

Action: Approved.

 

 

SCHEDULED ITEMS:

44. 10:25 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 Janice Wilson and Donna Westfall.

45. 10:30 A.M. Receive a presentation by the Department of Health and Human Services, Public Health Branch and Friday Night Live regarding a request for County Representative(s) to serve on a Social Host Ordinance Workgroup to examine the public health problem of underage alcohol consumption and the creation of a Social Host Ordinance within Del Norte County as requested by the Director of Health and Human Services.**

Action: Nancy Rivera and members of the Friday Night Live youth gave a presentation to the Board.  Staff was directed to place the item on the agenda for the upcoming Joint City/County meeting.

Public comment was given by Denise Doyle-Schnacker.

46. 10:45 A.M. Complete the Public Hearing regarding the request to vacate a portion of the County's right-of-way over Surfsound Court, and adopt Resolution Vacating a Portion of Public Right of Way Over Surfsound Court, as requested by the Deputy Director of Engineering & Roads.**

Action: Public comment was provided by Cindy Nelson.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

Vote Yea:       4              Martha McClure, David Finigan, Gerry Hemmingsen, Leslie McNamer         

Vote Nay:       0              None

Vote Abstain: 0              None


REGULAR ITEMS

GENERAL GOVERNMENT:

47. Consider the use of the County logo on New Recycling Containers as requested by the Director of Solid Waste Management Authority.  **

Action: Approved.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Martha McClure, Gerry Hemmingsen, David Finigan, Leslie McNamer         

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

48. Approve the submittal of three (3) applications for funding through the Secure Rural Schools program, as requested by the Road Superintendent.**

Action: Approved

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Leslie McNamer, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

49. Authorize the temporary closure of South Indian Road in Smith River, from Howonquet Cemetery to Howonquet Hall Community Center, from 7:00 a.m. to 5:00 p.m., on Saturday, September 29, 2012, as requested by the Assistant Engineer.**

Action: Approved.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

Vote Yea:       4              David Finigan, Gerry Hemmingsen, Martha McClure, Leslie McNamer         

Vote Nay:       0              None

Vote Abstain: 0              None

50. Authorize the temporary closure of Klamath Boulevard in Klamath, from Klamath Mill Road to the first entrance to Klamath Circle, from 8:00 a.m. to 6:00 p.m., on Saturday, August 18, 2012, as requested by the Assistant Engineer.**

Action: Approved.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

51. 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 continuing work on the 2011-2012 year end budget figures and resuming meetings with individual departments within the week.  The August 28, 2012 Board meeting will contain a more detailed report on the budget, including the statewide sales tax increase and how it will apply to the County.

AB1492 would impose a 1% retail tax on lumber to pay for Cal-fire administration and still does not include a mechanism to pay for back PILT outstanding balances.

 

 

 

ADJOURNMENT

 

 

 

Joseph Young, Deputy 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