981 H STREET, ROOM 100





Tuesday, March 12, 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, Gerry Hemmingsen and David Finigan


Absent:       None


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) Sylvester v. County of Del Norte Case United States District County Northern District of California, Case No. CV11-01459; Olson vs. Del Norte County Superior Court Case No. CVUJ09-1325; (B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - four cases; Discussion of Public Land Transfers; Status of Solid Waste JPA. 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) – one case; Pursuant to Gov’t Code 54957, State of the Department - conduct annual evaluation of the County Administrative Officer; Conduct annual evaluation of the Director of Information Technology (8:45 a.m.).


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

·        The Pledge of Allegiance to be led by Supervisor Hemmingsen.

·        Introduction of new employees to the Board of Supervisors

Action: No new employees introduced.

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

Action: No actions to report 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: Item #4 from the Consent Agenda was pulled for separate discussion and comment.

·        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 Gitlin - Shared the proposed sign for the Jetty that will be shared with City of Crescent City; Attended the Juvenile Justice and Delinquency Commission meeting; Meeting regarding Harold Street issues; attended a couple of the Jaycee basketball games; Attended LAFCo Orientation and Area 1 Agency meeting; attended the Chamber luncheon and an all-day Chamber meeting; received e-mails regarding the sewer rate increase and coordination necessary with the City; will be traveling this afternoon to attend a meeting with Trindel.

Supervisor Hemmingsen - at the request of Dave Itzen attended the Curry County Forest Collaboration meeting; attended a 1 x 2 with Smith River Rancheria regarding land trust and economic impacts; attended the North DEAL meeting for Supervisor Sullivan; attended a 2x4 meeting with Six Rivers regarding updates to the Travel Management Plan and also confirmed that Mary Kay will be providing the Board with a presentation at the first meeting in April; attended the Border Coast Airport Authority meeting; and in Supervisor Sullivan's absence attended agenda review.

Supervisor McClure - Attended the Senior Center meeting; also attended the Juvenile Justice and Delinquency Committee meeting - had conversations with Sheriff and Chief of Police regarding teens, probation and arrests; attended the Redwood Park Association meeting; attended the Coastal Commission meeting in San Diego; attended the Solid Waste meeting and a meeting with the Historical Society.

Supervisor Finigan - Received many calls and e-mails regarding sewer rates; Attended an ABAG meeting in Sacramento; attended the NACO meeting in Washington DC as a member of the Transportation and Airport Committees as well as CSAC President - which entailed meetings regarding the affordable care act, meetings with liasons with local government; hosted a Congressional Breakfast; attended the airport JPA meeting; meeting with family resource center First 5;

Supervisor Sullivan has been on vacation since our last meeting; planning and coordinating meetings in Washington DC to meet with legislators in early April.

·        Receive a brief report from the County Administrative Officer.

Action: Working on obtaining an extension for the Point St. George project regarding mitigation issues; working on the disposition of the old CDD building and the lead based paint issue and discussion of abatement; working on Mid-Year and 13/14 fiscal year budgets.


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

Action: Richard Miles provided public comment.


Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure


Vote Yea:       5              David Finigan, Martha McClure, Roger Gitlin, Michael Sullivan, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None

1.     Approve the Minutes from the Board of Supervisors' February 26, 2013 Regular Meeting.**

2.     Approve and authorize staff to transfer the Road Department Nuclear Gauge to Oscar Larson Associates, and authorize Chair to sign the transfer agreement, as requested by Deputy Director Engineering & Road Division.**

3.     Approve and authorize Chair to sign and send letter to Attorney General's Office regarding Sutter Coast Hospital, as requested by Supervisor McClure.**

4.     Approve and authorize the Chair to sign Agreement with the County of Siskiyou to continue their portion of the Community Nutrition Expansion Pilot Project (CNEPP)for the period October 1, 2012 through September 30, 2013 for $75,000, as requested by Director of Health and Human Services.**

Action: DNCO Agreement # 2013-021.


Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure


Vote Yea:       4              David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       1              Roger Gitlin

Vote Abstain: 0              None


5.     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.

6.     10:30 A.M. Del Norte County Agricultural Department Update (K. Smith)

7.     10:45 A.M. Sutter Coast Hospital Update (Dr. Greg Duncan).



8.     Direct the Community Development Department to work with County Counsel to prepare draft amendments to Chapters 7.08 Nuisance and 7.09 Recreational Vehicles as enumerated in Attachment A of this Board Report, as requested by Deputy Director of Building and Planning.**

Action: Board directed staff to work with County Counsel in drafting revised documents to be brought back to the board for approval.

9.     Nominate and appoint two members of the Board of Supervisors to the Del Norte County Solid Waste Management Authority.

Action: Supervisor Hemmingsen nominated Supervisor Sullivan and Supervisor Gitlin as Del Norte County members of the Solid Waste Management Authority board.


Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan


Vote Yea:       4              Gerry Hemmingsen, David Finigan, Michael Sullivan, Roger Gitlin   

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None


10. 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.

11. Receive and file the Mid-Year Budget Update as submitted by the County Administrative Officer; Direct that departments maintain revenue and expenditures as estimated in the mid-year report and continue working on solutions to reduce net County costs; Freeze non-essential General Fund positions that became vacant prior to year-end and any non-general fund positions that result in increased cost to the General Fund; Freeze all non-essential Services and Supplies expenditures, as requested by County Administrative Officer.**


Motion:    Move to approve

Move:       David Finigan

Second:    Roger Gitlin


Vote Yea:       5              David Finigan, Roger Gitlin, Martha McClure, Michael Sullivan, Gerry Hemmingsen

Vote Nay:       0              None

Vote Abstain: 0              None





Antoinette Self, Clerk of the Board

County of Del Norte, State of California              Date Posted:  September 4, 2013