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 28, 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 Attorney for Payment of Attorney’s Fees. II) Conference with legal counsel –Existing litigation pursuant to Government code 54956.9(a); Trinity Perry, Del Norte Superior Court, CVPT 11-1304. (B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - three cases; Discussion of Public Land Transfers; 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c).

 

 

 

Action: Public Comment on Closed Session items only.

Jon Alexander, District Attorney provided public comment regarding his prosecution by the State Bar of California, providing background on all the charges against him and requests the Board allocate funds to pay a private attorney for the defense of these claims.

REGULAR SESSION 10:00 A.M.

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

·        The Pledge of Allegiance.

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, 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 an Regional Council of Rural Counties meeting in which Propositions 30 and 31 were discussed.  Also reported that AB885 issues have been resolved with no effect on Del Norte County other than the County being asked to develop our own regulations.  Also reported on attending a CSAC officers call discussing the resignation of the Executive Director for the association, meeting with all agencies involved for Klamath mobile home park issues, meeting with Berstch Tract residents regarding the Community Church seeking community partners to continue existing programs, attendance at the Joint City/County Board Meeting, attendance at a meeting regarding the Hunter Creek bridge realignment project and spending time with family.

Supervisor McClure reported on attending a RAC meeting and announced project proposals are due on September 10, 2012.  Also reported on a Senior board meeting with oversight from the State during the meeting to observe how the Board operates.  Discussed that Redwood Cove needs elevator repair/replacement and CDBG funds have not been awarded to assist with the project.  Also reported on an EMS phone meeting, two meetings with MLPA monitoring team regarding the process and ensuring that locals are utilized in this process when appropriate and available, a meeting with the Healthcare District 2x2 committee on regionalization, and the Joint City/County Board meeting.  Also reported was Senator Chesbro's bill allowing County Sheriff's to purchase and use of farming equipment for outlying marijuana operations and the Senate confirmation of Local Representative Irene Tynes to the local regional water quality board.  Supervisor McClure also publicly recognized Randy Hooper, Planner, for communication and customer service at CDD.

Supervisor Hemmingsen reported on attending a meeting at Smith River Rancheria for the BCRAA regarding water and sewer expansion on Pebble Beach Drive, attending a meeting of the Solid Waste Management Authority Chairs with staff, agenda review for the Solid Waste Management Authority Board meeting, attending a meeting in Sacramento on for the sustainable forest action coalition which has grown to twenty counties, attendance at a 2x2 meeting with State and National Parks, and attended the home opener for DNHS football where his brother was inducted into hall of fame.  Supervisor Hemmingsen also reported attendance at a LAFCO meeting.

Supervisor McNamer reported on attending a LAFCO meeting, the Republican women's luncheon with a presentation by Wes White, the Joint City/County Board meeting, the Farmer's Market, a meeting with the Healthcare District regarding hospital regionalization and meetings with various constituents regarding the hospital regionalization issues.

 

Chair Sullivan reported on his recent family vacation, attendance at the Solid Waste Management Authority meeting, a Tri-Agency meeting, the hospital regionalization town hall meeting, a meeting between the LTCO Executive Director and school district staff regarding a safe routes to schools initiative, meeting with Karen Kovacs from Fish and Game, attendance at the groundbreaking ceremony for the Smith River Rancheria hotel project, agenda review for the Joint City/County meeting, attending the County Fair and Rodeo, and attending a 2x2 meeting with State and National Parks.  Supervisor Sullivan also thanked Jerry Cochran for arranging a trip to the top of the Golden Gate Bridge during a recent trip to San Francisco.

·        Receive a brief report from the County Administrative Officer.

Action: County Administrative Officer Jay Sarina reported that park improvements at Florence Keller, Pyke field, and Berstch Tract are completed with coordination of the project at Pyke Field being led by John Horner.  Also reported that the Klamath mobile home park issue was coordinated through Public Health.  It was also reported that the Battery Point project will be completed ahead of schedule on budget.

CONSENT AGENDA

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

Action: Items #4 and #6 were pulled for separate discussion.

Supervisor Hemmingsen recused himself on Item #6 due to a conflict of interest.

On a motion by Supervisor McClure and seconded by Supervisor Hemmingsen, the Board approved the Consent Agenda (Items 1-3, 5, 7-10).

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve and adopt the Minutes from the August 14, 2012 regular Board of Supervisors meeting.**

Action: Approved

2.     Approve and authorize the Sheriff to enter into an agreement with the U.S. Department of Justice, COPS Hiring Grant (CHP) as requested by the Sheriff/Coroner.**

Action: Approved (DNCO Agreement 2012-131)

3.     Approve an Amendment #1 to Agreement 2012-009 with Irene R. Tynes for the Public Health Emergency Preparedness grant as requested by the County Administrative Officer.**

Action: Approved (DNCO Agreement 2012-132)

4.     Approve and authorize the Chair to sign the amended agreement with Nicholas M. Mavris for Professional Attorney Services increasing agreement to not to exceed $192,000.00 and allowing an excess of 40 hours a week as necessitated by impending trial as requested by the District Attorney.**

Action: District Attorney Jon Alexander appeared to provide clarification on the requested amendmenT.

Approved.

 

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

5.     Accept the summary project status of the Pebble Beach Drive Project as requested by the Deputy Director of CDD - Engineering and Roads Division.**

Action: Approved

6.     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 CDD - Engineering and Roads Division.**

Action: Supervisor Hemmingsen recused himself due to a conflict of interest. 

Jim Barnts, County Engineer appeared to provide outline of project

Public comment received from Ron Mayhue.

Approved (DNCO Agreement 2012-112)

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       4              David Finigan, Leslie McNamer, Martha McClure, Michael Sullivan    

Vote Nay:       0              None

Vote Abstain: 0              None

7.     Approve and authorize the Chair to sign the Agreement with Pasquale Romano for Certified Child Abuse and Domestic Violence Prevention Services from July 1, 2012 through June 30, 2013, not to exceed $20,000 as recommended by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-133)

8.     Approve and authorize the Chair to sign the Second Amendment to Agreement No. 2012-014 with BHC Heritage Oaks Hospital in Sacramento, CA for Psychiatric Inpatient Hospital Services from July 1, 2011 through June 30, 2012, increasing to a contract total not to exceed $61,500 as recommended by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-134)

9.     Approve and authorize the Chair to sign (1) Agreement for Transitional Housing Placement Program (THPP) services; and (2) Agreement for Transitional Housing Program-Plus (THP-Plus) and Transitional Housing Program-Plus-Foster Care (THP-Plus-FC) with Environmental Alternatives, Inc. (EA) not to exceed $32,970 and $302,148 respectively for the period July 1, 2012 to June 30, 2013 as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-135)  (DNCO Agreement 2012-136)

 

10. Approve the Del Norte County Medi-Cal Mental Health Managed Care Plan Agreement with the California Department of Mental Health and California Department of Health Care Services.  Authorize the Department of Health & Human Services Director to sign associated or required documents as they relate to this contract for the period April 1, 2012 through December 31, 2012 not to exceed $2,908,787 as requested by the Director of Health & Human Services.**

Action: Approved (DNCO Agreement 2012-137)

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved budget transfers (07-03 and 08-01) as presented.

 

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

11. Approve a budget transfer (07-03) in the amount of $185,000 within the District Attorney's budget as requested by the District Attorney.**

Action: Approved.

12. Approve a budget revision (08-01) in the amount of $20,000 within the Sheriff's budget as requested by the Sheriff/Coroner.**

Action: Approved.

SCHEDULED ITEMS:

13. 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: No public comment received.

14. 10:30 P.M. Receive a presentation from Tyrone Kelley regarding an update on the Smith River NRA Restoration and Motorized Travel Management Project  - Environmental Impact Statement (EIS).

Action: Tyrone Kelley appeared and made a presentation regarding Smith River NRA Restoration and Motorized Travel Management Project  - Environmental Impact Statement (EIS) and indicated that he did receive BOS comments.

15. 10:45 A.M. Conduct a Public Hearing for an appeal of the Del Norte County Board of Supervisors requesting that Road Improvements associated with Building Permit B31995C located at 500 Tedsen Lane in Crescent City, CA be modified.**

Action: Supervisor Hemmingsen and Supervisor Finigan recused themselves due to a conflict of interest.

Rosanna Bower, Assistant Engineer appeared to provide staff report and explains condition placed on improvement permits.

Vice-Chair McNamer opened the public hearing.

Robin Hartwick appeared as agent for the applicant and requested a review of code based on incorrect interpretation. 

Public commend was provided by Phil Baggett, 305 Tedsen Lane; Terry Vance, property owner; and Ed Hartwick, Contractor.

Tina McClendon appeared to address standards for existing roads.

Vice-Chair McNamer closed the public hearing.

Move to grant the applicant appeal, with removal of paving language from requirement #18.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

REGULAR ITEMS

GENERAL GOVERNMENT:

16. Adopt an official version of the County Seal as recommended by the Director of Information Technology.**

Action: Dan McCorkle, Director of Information Technology provided a report on the adoption of an official County Seal. 

The Board directed staff to eliminate proposed County Seal #4 from consideration, change the lighthouse in remaining Seal choices to reflect a local lighthouse and return to the Board with recommendations.

Motion died for lack of a second. 

The Board directed staff to eliminate proposed County Seal #4 from consideration, change the lighthouse in remaining Seal choices to reflect a local lighthouse and return to the Board with recommendations.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    None

 

Vote Yea:       1              Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

17. Receive a presentation by the Director of Information Technology regarding ongoing and recently completed technology related projects for the County of Del Norte.**

Action: Dan McCorkle, Director of Information Technology appeared to make a presentation to the Board regarding various computer and technology related projects in the County.  Presentation only, no action required.

18. Accept the Draft Administrative Policies and Procedures Manual, provided any comments/corrections, and direct staff to make any corrections and return the document at a future meeting for adoption as requested by the County Administrative Officer.**

Action: Jay Sarina, County Administrative Officer, provided a brief report on the background of the manual and submitted for the Boards review and comment.

19. Receive a verbal report from Supervisor Finigan regarding the actions of the Redevelopment Oversight Committee.

Action: Supervisor Finigan provided a report on actions of the Redevelopment Oversight Committee.

Sherrik Cron, Assistant Auditor-Controller appeared to address Board questions.

Clinton Schaad, Auditor-Controller appeared to address Board questions.

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 provided a brief report on legislation updates coming up from the State as they close this legislative session.  Pension reform is again on the table based on press conference by Governor today. 

Also included was a report on the Budget,  The Sheriff/Jail and Health Fund budgets have been the two largest issues.  The Sheriff's plan will be brought before the Board on the September 11, 2012 agenda along with the Recommended Final Budget.  Health Fund items will be addressed this week.

ADJOURNMENT

 

 

 

Joseph Young, DeputyClerk 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