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, July 09, 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

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 – Memorandum of Understanding with SRR; Existing litigation pursuant to Government code 54956.9(a) Brown vs. Del Norte County, United States District Court, Northern District of California Case No. 13-CV-01451-SC; (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) – one case. Conduct annual evaluation of County Counsel.

 

REGULAR SESSION 10:00 A.M.

Action: An item was added to the Agenda as an Urgency Item.  The request for approval for Chair to sign letter to the Honorable Wes Chesbro and the Honorable Noreen Evans in opposition to AB 537 as requested by County Administrative Officer.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

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: Director of Health and Human Services introduced to the Board new Public Health Officer, Dr. Rehwaldt.

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

Action: No reportable action 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.

·        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:  It was an honor to be a participant in the 4th of July parade;  Take a Bight Out of Blight cleaned 2 more houses one on Glenn and another on Burtschell along with the Wal-Mart property; special session meeting; Republican Federated Women luncheon; concern regarding condition that may devastate our County - Last Chance Grade - what is in our future regarding this road; formation of commission  to begin research to address this issue and prepare to have an alternative in place;

Supervisor Hemmingsen:  Couple of things Citizen Advisory meeting at Pelican Bay; Chris Acosta received an award; 2,885 inmates currently with 1,186 inmates currently in the Security Housing Unit or SHU; Attended the Airport Open house; attended the BCRAA meeting; also attended the Special Session; participated in the Deck Party and 4th of July Parade and festivities; accepted invitation from Green Diamond for tour of their property with Supervisor Sullivan - to look at possible alternatives for a by- pass for Last Chance Grade; Green Diamond is the largest single property owner with 90k acres special thanks to Ruthann Schulte and John Day for setting this up.

Supervisor McClure:   Address a constituents concern regarding a letter received from Frontier about tariffs regarding the CUP; attended the Senior Center Board meeting; also Sold Fireworks with the Senior Board; attended the Special Session meeting; meeting with CEO of Sutter Linda Horn; Baked Pies for the Historical Society social during the 4th of July festivities and sold Dough Boys with Job's Daughters; Heading down to Coastal Commission meeting in So. Cal.;  also performed research regarding Medi-Cal Medi-Care reimbursement regarding different classifications for the County and what our options are.

Supervisor Finigan:  Nice to stick around town for a change- attended the Family Resource Meeting; Attended the Deck Party which was nice to see friends; also attended the 4th of July Parade and was allowed to participate in announcing the parade with previous Supervisor and friend Chuck Blackburn; also participated in the Front Street festival.

Supervisor Sullivan:  Attended the Solid Waste Meeting; worked with staff regarding HSIP road funding; attended Farm Bureau Dinner with Supervisor Hemmingsen; attended the Special Session meeting; attended Agenda Review; also participated in the Deck party and hosted an open house at his office during 4th of July parade; was also able to take the tour of Green Diamond  property thanks to John Day and Ruth Ann Schulte - to research the possibility of an alternate route and to discuss the next steps which would be meeting with Caltrans and Pacific Power to discuss the next steps of getting a route in place; also continues to play phone tag with the Department of Corrections regarding the Triplicate being provided to inmates.

·        Receive a brief report from the County Administrative Officer.

Action: Continued Employee Negotiations; assisted members of the public regarding issues dealing with development projects; also was able to participate in the tour of Green Diamond property; putting together Grand Jury response and continue to work on 2013/14 budget.

CONSENT AGENDA

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

Action: Consent Agenda minus items 7 and 15 were taken as one with Chair Sullivan and Supervisor Hemmingsen recusing themselves. from item # 11.

 

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

1.    Approve the Minutes from the Board of Supervisors' June 25, 2013 Regular Meeting.**

Action: Approved with necessary revision indicating that Supervisor Hemmingsen recused himself from Consent Agenda items # 2 and # 20.

2.    Review and approve the Application to the California Emergency Management Agency Monies for the Victim Witness Program and Adopt Resolution 2013-027 for the continuing implementation of this program within the District Attorney's Office, as requested by Acting District Attorney.**

Action: Approved.  Del Norte County Resolution # 2013-027.

3.    Approve and authorize Chair to sign the California Department of Veterans Affairs Subvention Certificate of Compliance and California Department of Veterans Affairs Medi-Cal Certificate of Compliance for Fiscal Year 2013/2014, as requested by County Veterans Services Officer**.

Action: Approved.

4.    Review and approve the adoption of Del Norte Solid Waste Management Authority Ordinance 2013-01, establishing rates to provide public scale services at the Del Norte County Transfer Station, as requested by Program Manager for the Del Norte Solid Waste Management Authority.**

Action: Approved.

5.    Authorize and approve Resolution 2013-028 dissolving the Elections Petty Cash Fund, as requested by County Clerk/Recorder/Registrar of Voters.**

Action: Approved Del Norte County Resolution 2013-028.

6.    Approve the appointment of Warren J. Rehwaldt, M.D., as the County Public Health Officer, as requested by Director of Health and Human Services.**

Action: Approved.

7.    Approve and authorize the Chair to sign Amendment 3 to Agreement Number 10-NNA08 with the State of California, Department of Alcohol & Drug Programs and the State Department of Health Care Services for the period July 1, 2010 through June 30, 2014, not to exceed a total contract amount of $1,800,778 and authorize the Director of Health and Human Services to sign any associated or required documents as they related to this Agreement, as requested by the Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-065.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

8.    Approve and authorize the Chair to sign Facility Use Agreement with First 5 Del Norte from July 1, 2013 through June 30, 2014, not to exceed $1,500 per month, or $18,000 annually, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-066.

9.    Approve and authorize the Chair to sign the Agreement with the Del Norte Child Care Council for parent education services from July 1, 2013 to June 30, 2015 not to exceed $185,332 or $92,666 annually, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-067.

10. Approve and authorize the Chair to sign the Agreement with Pasquale Romano for Certified Child Abuse and Domestic Violence Prevention Services from July 1, 2013 through June 30, 2014, not to exceed $20,000, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-068.

11. Approve and authorize the Chair to sign lease agreement with Matthew S. Fearing, an individual doing business as Front Street Plaza LLC, for Alcohol and Other Drug Programs facility located at 1269 2nd Street, Suite C, Crescent City, CA, effective July 1, 2013 to June 30, 2016, not to exceed $110,818.80 or $3.078.00 per month for three years, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-069 with Chair Sullivan and Supervisor Hemmingson recusing themselves.

12. Approve and authorize the Chair to sign Resolution 2013-029 approving the Department of Health and Human Services , Alcohol and Other Drug Programs Medi-Cal Service Rate Schedule for 2013-2014, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Resolution # 2013-029.

13. Approve and authorize the Chair to sign Agreement with Sydney M. Clinton, Northcoast Health Screening for Alcohol and Drug Testing Services from July 1, 2013 through June 30, 2014, not to exceed $20,000, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-070.

14. Review and approve Chair signing Purchase and Sale Agreements for mitigation purposes associated with the Boarder Coast Regional Airport Authority's (BCRAA's) Runway Safety Area (RSA) Improvement Project, as requested by County Administrative of Officer.**

Action: Approved at June 25, 2013 Board of Supervisor meeting.

15. Authorize and accept the donations of lots at Pacific Shores from Robert Black (assessor parcel numbers 108-260-04; 107-111-19; 108-131-14; 107-253-12; 108-221-04; 107-111-24; 108-071-06 and 108-142-13), as requested by County Administrative Office.**

Action: Approved at June 25, 2013 Board of Supervisor meeting.

BUDGET TRANSFERS:

Action: Approved Budget Transfer 07-01 for the CHAT grant during the 12/13 Fiscal Year.

 

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

16. Approve Budget Transfer 07-01for the CHAT grant during the 12/13 Fiscal Year, as requested by Auditor/Controller.**

Action: Approved.

SCHEDULED ITEMS:

17. 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.

18. 10:30 A.M. Department of Health and Human Services Presentation 2

19. 10:45 A.M. Waive full reading, read by title only and Adopt Ordinance of the Del Norte County Board of Supervisors establishing Del Norte County Code Chapter 14.18 - Safety Assessment Placards, as requested by Deputy Director Community Development Department.**

Action: Waived full reading, read by title only and Adopted Ordinance of the Del Norte County Board of Supervisors establishing Del Norte County Code Chapter 14.18 - Safety Assessment Placards.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

20. 11:00 A.M. Waive full reading, read by title only and Introduce Ordinance Adding Chapter 7.65 entitled Relating to Partnership Healthplan of California Commission to Title 7 of the Del Norte County Code, as requested by Director of Health and Human Services.**

Action: Waived full reading, read by title only and introduced Ordinance Adding Chapter 7.65 entitled Relating to Partnership Healthplan of California Commission to Title 7 of the Del Norte County Code.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

REGULAR ITEMS

GENERAL GOVERNMENT:

21. Review and approve the Road Project List - Fiscal Years 2013/14 through 2015/16, as requested by Roads Superintendent.**

Action: Approved Road Project list as presented for fiscal years 2013/14 and 2015/16. 

 

Supervisor Gitlin and Supervisor McClure recused themselves relating to the HSIP funded project on Pebble Beach, City limits to Hemlock listed as an overlay & chip seal project.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Direct staff regarding possible improvements to Harrold Street, as requested by Deputy Director - Engineering and Roads Division.**

Action: Motion to install stop signs at the intersection of Harrold Street and Hoover Avenue and another stop sign at the intersection of  Coolidge Avenue and Hoover Avenue.

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

23. Discuss alternative funding relating to the posting of signs on County property located at Assessor Parcel Number 116-270-91 forbidding trespassing or loitering as allowed by California Penal Code Section 554(e), as requested by Deputy Director Building / Planning.**

Action: Motion to approve the posting of signs to be paid for with donated funds on County property located at Assessor Parcel Number 116-270-91 forbidding trespassing or loitering as allowed by California Penal Code Section 554(e).

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

 

 

LEGISLATIVE AND BUDGET ISSUES:

24. 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.

25. URGENCY ITEM ADDED:  Approve and authorize the Chair to sign letter in opposition to AB 537, as requested by County Administrative Officer.

Action: Approved.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BOARD OF EQUALIZATION

26. Adjourn as the Board of Supervisors, reconvene as the Board of Equalization, to consider and approve a Stipulation to Value,  APN 115-030-02, 2011-12 Tax Roll, Roberts**

Action: Adjourned as the Board of Supervisors and reconvened as the Board of Equalization and approved the Stipulation to Value for APN 115-030-02 for tax rolls 2011/12 and 2012/13.

Adjourned as the Board of Equalization and reconvened as the Board of Supervisors.

 

Motion:    Move to approve

Move:       Roger Gitlin

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

 

 

ADJOURNMENT

 

 

 

 

Antoinette Self, Clerk of the Board

County of Del Norte, State of California              Date Posted:  July 16, 2013

 

 

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