981 H STREET, ROOM 100






Tuesday, March 26, 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, Michael Sullivan and Gerry Hemmingsen


Absent:       Martha McClure and David Finigan


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 – Memorandum of Understanding with SRR; 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;  David Egan vs. County of Del Norte, US District County, Northern District of California, Case No. CV-12-5300-NJV;  Alan D. Murray, U.S. Bankruptcy cases Northern District of California, Case No. 11-10535.   (B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - four cases; Status of Solid Waste JPA. 2) Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) – one case.


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

·        The Pledge of Allegiance to be led by Chair Sullivan.

·        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: No reportable actions as a result of 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 #16 is tabled to the April 9th 2013 meeting as it was brought to the Chair's attention that we will not have a quorum.

·        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 - Attended the CSAC-EIA Orientation; Meetings with Constituents regarding interest in Area 1 on Aging; Attended the Crescent City - City Council meeting; meeting with Humane Society; attended meeting in Eureka for the Air Quality board; had lunch with Bob Moreno of the Fairhaven Energy Group; Congratulations to Rumiano Cheese on their Silver Medal for their Dry Jack Cheese and attended the LEADN Awards.

Supervisor Hemmingsen - Attended the Resource Conservation District meeting; will be meeting with Senator Jim Nielson; participated in the LTCo meeting with Supervisor Sullivan; attended the Border Coast Airport meeting in which Congressman Jared Huffman offered assistance regarding mitigation; attended the LAFCo meeting and also attended the Tsunami Preparedness meeting which was very interesting and informative.

Supervisor Sullivan - Attended the 46th Annual Black and White Ball (formerly known as the Silver Ball); participated in Agenda Review; attended an Inner- Agency Visitor Meeting; met with Congressman Jared Huffman; attended the LTCo meeting where project updates were provided; will be attending the Solid Waste meeting this afternoon; also will be meeting with Senator Jim Nielson.

·        Receive a brief report from the Assistant County Administrative Officer.

Action: Working on the Point St. George project regarding mitigation issues; working on preparing a Request for Proposal for asbestos and lead based paint surveys and to determine work needed to be done to abate hazardous materials and possible demolition of the old CDD building and debris removal, this may or may not require a third Request for Proposal for the demolition and debris removal; continued negotiations with SEA and IHHS providers and will begin negotiations with SEIU in April; continuing review of new legislation pertinent to the County.


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


Motion:    Move to approve

Move:       Roger Gitlin

Second:    Gerry Hemmingsen


Vote Yea:       3              Roger Gitlin, Gerry Hemmingsen, Michael Sullivan      

Vote Nay:       0              None

Vote Abstain: 0              None

1.    Approve the Minutes from the Board of Supervisors' March 12, 2013 Regular Meeting.**

Action: Approved.

2.    Approve and authorize Chair to sign and send letter to California Department of Water Resources regarding Big Rock Community Services District, as requested by Board of Directors, Big Rock Community Services District.**

Action: Approved.

3.    Review and approve submittal of Annual General Plan Progress Report for the Governor's Office of Planning and Research and the Department of Housing and Community Development, as requested by Deputy Director of Building and Planning.**

Action: Approved.

4.    Adopt Proclamation proclaiming the week of March 25th 2013, Tsunami Preparedness Week in Del Norte County, as requested by Emergency Services Manager.**

Action: Adopted.

5.    Adopt Proclamation proclaiming April 13, 2013 as the day of the "Distinguished Young Woman".**

Action: Adopted.

6.    Approve and adopt Resolution entitled A Resolution of the Del Norte County Board of Supervisors Supporting the Nomination of Hon. James D. Healy to the National Freight Advisory Committee, as requested by Supervisor Finigan.**

Action: Adopted. DNCO Resolution 2013-013.

7.    Approve and adopt Resolution entitled a Resolution of the Del Norte County Board of Supervisors Expressing Appreciation and Commendation to the California Junior Chamber Jaycees Crescent City Chapter, as requested by Supervisor Gitlin.**

Action: Adopted.  DNCO Resolution 2013-014.

8.    Approve and authorize a wireless device allowance for new Deputy County Counsel, Elizabeth Cable, hired November 26, 2012, for the time period of March 1, 2013 through end date of June 30, 3013 in the amount of $100.00, as requested by County Counsel.**

Action: Approved.

9.    Approve and authorize Chair to sign letter to terminate the Agreement for Professional Services (Del Norte County Agreement No. 2012-043) between the County of Del Norte and Drake Haglan and Associate (DHA), as requested by Deputy Director Engineering and Road Divisions.**

Action: Approved.

10. Approve and authorize the Sheriff to sign the Modified Agreement to Del Norte County Agreement # 2012-131 with the U.S. Department of Justice, COPS Hiring Grant (CHP), as requested by Sheriff-Coroner.**

Action: Approved.  DNCO Agreement No. 2013-023.

11. Approve the appointment of Richard Holley, Dale Miller and Kara Brundin Miller as members of the Indian Gaming Local Community Benefit Committee, as requested by County Administrative Office.**

Action: Approved,


12. 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.

13. 10:30 A.M. Community Emergency Response Team (C.E.R.T.) Presentation (C. Henderson).

Action: Cindy Henderson provided a presentation for the Community Emergency Response Team.

14. 10:45 A.M. Veterans Service Office Presentation (C. Thorpe).

Action: Christopher Thorpe provided a presentation regarding the Veterans Service Office.

15. 11:00 A.M. Conduct a Public Hearing to provide the public an opportunity to hear and comment on the results of activities involved in Community Development Block Grants (CDBG) 06-STBG-2583 and 08-STBG-4642, as requested by County Administrative Officer.**

Action: James Carnegie provided history regarding the Community Development Block Grants and Public Hearing was opened.


Vote Yea:       3              Roger Gitlin, Michael Sullivan, Gerry Hemmingsen      

Vote Nay:       0              None

Vote Abstain: 0              None

16. 11:15 A.M. Conduct a Public Hearing for the Appeal of Planning Commission Approval of Use Permit for New Clubhouse at Del Norte Golf Course , as requested by Community Development Department.**

Action: Item tabled until April 9, 2013 meeting due to new information provided which resulted in a lack of quorum.


Action: By unanimous vote an Urgent Item was added to the agenda and approved regarding directing staff to prepare letter is support of SB 740.


Vote Yea:       3              Roger Gitlin, Michael Sullivan, Gerry Hemmingsen      

Vote Nay:       0              None

Vote Abstain: 0              None


17. 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.

18. Review, approve and authorize Chair to sign letter regarding opposition of AB741, as requested by California State Association of Counties (CSAC).**

Action: Approved.


Vote Yea:       3              Roger Gitlin, 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:  March 29, 2013