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, January 08, 2013

    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:     Roger Gitlin, 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. II) Conference with legal counsel –Existing litigation pursuant to Government code 54956.9(a); Alan D. Murray, U.S. Bankruptcy cases Northern District of California, Case No. 11-10535; Resighini Rancheria, et al vs. Dean Wilson, US District Court, Northern District of California Case No.  C-11-6710 EMC; Pacific Shores CA Subdivision Water District v DNC, DN Superior Court, Case No. CVPT 06-1454; (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); Pursuant to Gov’t Code 54957, Conduct annual evaluation of the Director of Agricultural, Weights and Measures; Discussion regarding Community Development Director Position; Potential litigation related to Tri-Agency Economic Development Authority and Real Property Negotiations Relating to Pacific Shores.

REGULAR SESSION 10:00 A.M.

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

·        The Pledge of Allegiance

Action: The Pledge of Allegiance was led by County Administrative Officer, Jay Sarina.

·        Introduction of new employees to the Board of Supervisors

Action: Gary Blatnick introduced new employee Nanette Yandall .  Nanette will be working with the Department of Health and Human Services specializing in Public Health Policy.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel reports that the Board has agreed to settle a claim in the amount of $150,000 with the family of Christa Fallon, thereby settling all claims again the county and that all parties will be responsible for their own attorney fees and costs.

·        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.

·        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 attending spending the holidays with family; Preparing to leave town to attend the Coastal Commission meeting and wanted to acknowledge the passing of Redwoods Parks Association member Dan O'Gara who will be greatly missed. 

 

Supervisor Hemingson:  Attended the Pelican Bay Citizen Advisory Committee; Participated in a telephone conference with Charlton Bonham Director of Fish & Game regarding Dungeness Crab; Attended the RCD Meeting; attended Supervisor McNamer's Farewell party; Attended the Border Coast Regional Airport Authority Meeting; Participated in a meeting with staff regarding road projects within the forest; and attended the Local Mental Health Board meeting.

Supervisor Gitlin:  Took his Oath of Office on Monday, January 7th and looks forward to upholding the Constitution of the United States of America and the State of California; and wanted to acknowledge the passing of Huell Howser of California Gold.

Supervisor Sullivan:  Wanted to welcome Supervisor Gitlin to the Board;  Attended the farewell gathering for Leslie McNamer; Attended a Constituent meeting regarding Bar-O-Boys Ranch and will be having a follow up meeting to resolve any outstanding questions;  attended Agenda Review; attended the Oath Ceremony; and the attended the retirement party for Teri Coone Ostra.  Would like to have Department Heads provide presentations (10-15 minutes) to the Board of Supervisors of what the County Departments are working on.

·        Receive a brief report from the County Administrative Officer.

Action: Battery Point project is completed a little over budget; working on finalizing Annual Evaluations; Meeting on Point St. George and still working on mitigation; John Horner has been working on getting the Youth Basketball program up and running and games should start next Saturday.

·        Nomination and Election of Chair and Vice-Chair of the Board of Supervisors.

Action: Chair Sullivan opened the nomination for Chair.

Supervisor Hemmingsen nominated Supervisor Sullivan for Chair. Supervisor McClure seconded the motion.

By a 4-0 polled vote, the Board unanimously elected Supervisor Sullivan as Chair of the Board.

Motion:        Move to approve

Move:   Gerry Hemmingsen

Second:        Martha McClure

 

Vote Yea:     4        Martha McClure, Roger Gitlin, Michael Sullivan, Gerry Hemmingsen

Chair Sullivan opened the nomination for Vice-Chair.

Supervisor Gitlin nominated Gerry Hemmingsen as Vice-Chair.

By a 4-0 polled vote the Board unanimously elected Supervisor Hemmingsen as Vice-Chair.

Motion:        Move to approve

Move:   Roger Gitlin

Second:        Martha McClure

Vote Yea:     4        Martha McClure, Roger Gitlin, Michael Sullivan, Gerry Hemmingsen

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Roger Gitlin, Michael Sullivan 

Vote Nay:       0              None

Vote Abstain: 0              None

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 # 8;  Items 4, 11 & 16 were pulled for discussion. Consent Agenda Items 1-3; 5-10; 12-16 Approved.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Roger Gitlin, Michael Sullivan 

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve the Minutes from the December 11, 2012 Board of Supervisors Meeting.**

Action: Approved.

2.     Approve the Meeting Schedule for the Board of Supervisors for 2013.**

Action: Approved.

3.     Approve an extension of time for Title III funding for the Community Services Work Camp project being undertaken by Bar-O Ranch providing vegetation maintenance in the Hiouchi Mountain Conservation Easement for wildland fire hazards, as requested by Director of Community Development.**

Action: Approved.

4.     Approve the application for Title III funds as requested by the Planning Division for Title III funding in order to seek training related to the National Environmental Policy Act (NEPA), as requested by Director of Community Development.**

Action: Approved.

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Roger Gitlin, Gerry Hemmingsen, Michael Sullivan, Martha McClure 

Vote Nay:       0              None

Vote Abstain: 0              None

5.     Approve Resolution authorizing County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for Pest Detection in the amount of $4,196, as requested by Agricultural Commissioner.**

Action: Approved (DNCO Resolution # 2013-003).

6.     Approve and adopt Resolution dissolving Task Force Petty Cash Fund and deposit remaining funds into the operating budget of the Task Force, as requested by Sheriff-Coroner.**

Action: Approved (DNCO Resolution # 2013-001).

7.     Approve and adopt Resolution authorizing Sheriff to submit the Anti-Drug Abuse (ADA) Grant Application to the Board of State and Community Corrections (BSCC), as requested by Sheriff-Coroner.**

Action: Approved (DNCO Resolution # 2013-002).

8.     Authorize and approve Rescission of Del Norte County Agreement 2010-031 with Scott Hoxeng for Public Defender Services for Pelican Bay State Prison Inmates, as requested by County Administrative Officer.**

Action: Approved.

9.     Authorize the Chair to Appoint Attorney Dale Trigg and  reappoint County Counsel Gretchen Stuhr, Tina McClendon, Robert Black and Michael Skudstad to the Del Norte County Law Library Board of Trustees with Deputy County Counsel Elizabeth Cable appointed as an alternate, as requested by County Counsel.**

Action: Approved (DNCO Resolution # 2013-004).

10. Approve and authorize Sheriff to enter into a 2 (two) year Tribal Task Force Agent Memorandum of Understanding between Del Norte County Sheriff and Smith River Rancheria, as requested by Sheriff-Coroner.**

Action: Approved (DNCO Agreement # 2013-001).

11. Approve and authorize County Administrative Officer to sign Agreement between Del Norte Child Care Council for Licensed Child Care Services for Perinatal Treatment Expansion Program for Client of Department of Health and Human Services Alcohol and other Drug Programs, as requested by Assistant Director of Health and Human Services.**

Action: Approved (DNCO Agreement # 2013-002).

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Martha McClure, Gerry Hemmingsen, Michael Sullivan, Roger Gitlin 

Vote Nay:       0              None

Vote Abstain: 0              None

12. Approve and authorize the Chair of the Board to sign the amendment Agreement for Housing Delinquent Youth for Curry County, as requested by Assistant Chief Probation Officer.**

Action: Approved (DNCO Agreement # 2013-003).

13. Approve the Amendment to 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 and authorize the Department of Health and Human Services Director to sign associated or required documents as they relate to this contract for the period April 1, 2012 through April 30, 2013 not to exceed $2,908,787, as requested by Director of Health and Human Services.**

Action: Approved (DNCO Agreement # 2013-004).

14. Approve and authorize the Chair to sign the Agreement with Open Door Community Health Centers to provide outpatient medical services for the HIV/AIDS Care Program from July 1, 2012 through June 30, 2013, not to exceed $35,748, as requested by Director of Health and Human Services.**

Action: Approved (DNCO Agreement # 2013-005).

15. Approve and authorize the Chair to sign the Children's Medical Services Plan for Del Norte County which includes the Children's Medical Services Plan for Del Norte County which includes the Children's Services (CCS) Certification, and Health Care program for Children in Foster Care (HCPCFC) Certification effective July 1, 2012 through June 30, 2013, as requested by Director of Health and Human Services.**

Action: Approved (DNCO Agreement # 2013-006).

16. Approve grants and donations from Resource Legacy Fund Foundation, Wild Salmon Center, California Department of Fish and Game, Smith River Alliance and possibly others in an effort to continue the winter counting of salmon and steelhead fish in the Smith River; Approve a Contract between the Del Norte County and Zack Larson & Associates to install and monitor the sonar units between December 15, 2012 and March 15, 2013 and to prepare final reports for a contract amount not to exceed $66,432 contingent on available grant funding and donations; and Authorize County Administrative Officer to execute all necessary documents associated with the above listed grants and agreements, as requested by County Administrative Officer.**

Action: Approved (DNCO Agreement # 2013-007).

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Michael Sullivan

 

Vote Yea:       2              Gerry Hemmingsen, Michael Sullivan     

Vote Nay:       1              Roger Gitlin

Vote Abstain: 1              Martha McClure

BUDGET TRANSFERS:

17. Approve Budget Transfer (01-01) in the amount of $70,129 within the Department of Health and Human Services budget as requested by Director of Health and Human Services.**

Action: Approved.  BT-01-01

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Martha McClure

 

Vote Yea:       4              Gerry Hemmingsen, Martha McClure, Roger Gitlin, Michael Sullivan 

Vote Nay:       0              None

Vote Abstain: 0              None

SCHEDULED ITEMS:

18. 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.

19. 10:30 AM Waive full reading, read by title only and introduce an Ordinance of the Del Norte County Board of Supervisors Replacing Non-Coastal Zoning Map D-6 pursuant to Chapter 20.52 of the Del Norte County Code, as requested by Community Development Department.**

Action: Approved (DNCO Ordinance #2013-001).

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Gerry Hemmingsen

 

Vote Yea:       4              Roger Gitlin, Gerry Hemmingsen, Michael Sullivan, Martha McClure 

Vote Nay:       0              None

Vote Abstain: 0              None

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Direct staff to prepare payment for outstanding invoices for services rendered as part of the Tri-Agency JPA Agreement, and to direct staff to negotiate payment for services directly related to future costs. In any case, the County's portion of payment shall not exceed the existing agreed upon quarterly payment of fifteen Thousand Dollars, as requested by County Administrative Officer.**.

Action: Approved.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Roger Gitlin

 

Vote Yea:       4              Gerry Hemmingsen, Roger Gitlin, Martha McClure, Michael Sullivan 

Vote Nay:       0              None

Vote Abstain: 0              None

ADJOURNMENT

 

 

 

Antoinette Self, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 4, 2014

 

 

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