981 H STREET, ROOM 100






Tuesday, August 13, 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 – Memorandum of Understanding with SRR; Existing litigation pursuant to Government code 54956.9(a) Jon Alexander vs. Board of Supervisors for the County of Del Norte, Superior Court of the State of California, County of Del Norte CVPT 13-1244 ; (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) – two cases.




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

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

·        Introduction of new employees to the Board of Supervisors

Action: No introduction of new employees.

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

Action: On a 5-0 vote the Board has agreed to defend the Alexander vs. Del Norte County case.

·        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:  Blight is in the news and has been active; assisted a resident move a mattress to the transfer station;  The no trespassing signs are up at the County property next to Wal-Mart - thanks to all involved; participated in a ride along with the Sheriff's office and got to see the no trespassing signs put to work; attended the Republic Women Federated lunch;  attended all 4 days of the Fair; noticed that pedestrian related accidents have increased 10% - need to pay closer attention; attended a Green Diamond tour and saw the possible alternate route for Last Chance Grade; Spoke with the Governor's Office regarding the release of  thousands of felons and requested that the governor not release these inmates and suggests that the board draft a letter of opposition to this release no matter the number; disappointed that the BCRAA is not on the August Coastal Commission Agenda.


Supervisor Hemmingsen:  trip to Chico for NORTEC meeting; met with CAO and Building Department  regarding communication issues; also met with Hezikiah Allen; attended the LTCo Finance Committee meeting to layout the financial policy changes using Cholwell, Benz & Hartwick from this point forward; attended the BCRAA meeting; also attended the coordination meeting with Six Rivers National Forest to discuss upcoming Travel Management Plan; also attended the public meeting held by the Six Rivers National Forest; traveled to Del Mar for the CTC Meeting (rough travel) but a very successful meeting our project received funding; attended the LTCo meeting where they approved policy changes; attended a 2x2 with Yurok staff and discussed Klamath Blvd. and Klamath Circle and asked for help in removing vegetation from the levee and the realignment of Last Chance Grade; attended the Fair and the Rodeo; handled some constituent calls regarding the hospital, solid waste and the building department communication issues.

Supervisor McClure:   Has been studying the Coastal Commission agenda; the Redwood Park Association will be able to keep Crescent City Visitor Center open and will be taking over the daily operation from the Park; attended the EMS meeting; worked at the fair great turn out; had the opportunity to speak to a group of young citizens (16-22) Center for Rural Policy training young members of community to be more socially active to discuss restorative practices within school and become more proactive; met with the California Parks Forward - which is a commission of leaders to come up with different ways our parks can partner with other agencies; attended the Senior Center meeting; Met with Drs. Duncan and Caldwell regarding next steps relating to Sutter Coast; Met with Hezikiah  Allen who is running for Assembly in 2014; suggests that the Board write letter to Water Quality Control Board regarding the dewatering of our creeks and the failure due to lack of safety; 

Supervisor Sullivan:  Attended the Del Norte Solid Waste Management Authority where they accepted the retirement of Executive Director; filed a police report for $29k in missing money from the Solid Waste Authority; toured the fire break in Hiouchi with Roads Superintendent Jeff Daniels; Smith River meeting regarding closure of Ray's Market where over 100 people turned up - we need to look into getting someone in the area to resolve the grocery needs of the community; attended the Special Solid Waste meeting; meeting with City Manager, Mayor Enea and CAO Sarina to address the possibility of at putting an Solid Waste Authority Interim Director position in place; attended the Hartwick/Wakefield wedding; Hezikiah Allen meeting as well and we want them to be aware that Del Norte County is a part of that district; meeting regarding Last Chance Grade with LTCo to address the need for a solution to get off of the cliff; attended the fair and wanted to thank those at the Grange, 4H and FFA; attended a 2x2 meeting with Six Rivers National Forest Service and was disappointed at the incorrect information that is being put out without any alternatives or resolutions;  participating in a meeting with Drs. Duncan and Caldwell and it has been decided that the Board will appoint a Supervisor to the Sutter Coast Study and reaching out to Asante to seek a plan moving forward;  traveled to attend the CTC meeting in Del Mar to obtain funding for HWY 199 and it's nice to see this come to fruition; after 30 hours with no sleep received a standing ovation for the project; participated in a Hunter Safety course with Blake; Blake also attended band camp; addressed several complaints regarding trucks and trailers parked in a non-camping areas; attended the Forest Service meeting and was disappointed that no meeting was held in Crescent City; attended the Fish Hatchery Board meeting - Smith River Rancheria has reached out and developed a relationship with the Fish Hatchery that will keep the hatchery; strongly encourage the use of LTCo to pursue Last Chance Grade options we do not need multiple groups confusing the issue and defeating what has already been accomplished;  asked Supervisor Finigan to clarify the "early release" of prisoners and the governor's position.

Supervisor Finigan:   Was absent from our last meeting due to attending the NACO meeting - very impactful meetings;  met with the USDA and Tri-Agency regarding overdue loans; attended a Yurok 2x2 meeting setting the stage - great start; attended the Public Utilities Commission meeting; while attended the NACo Conference - participated in a field trip to location of the assignation of President Kennedy; attended the Airport JPA meeting; participated in the CSAC Officer Call regarding setting of Agendas; then attended the Executive Board Meeting at CSAC and discussed Affordable Care Act, AB109, Early Release of 10k prisoners; attended a second Yurok 2x2 and discussed issues related to  travel concerns; Acknowledged Chair Sullivan regarding HWY 199 project.


·        Receive a brief report from the County Administrative Officer.

Action: Focus has been on the final budget development and as we get closer to September where we will be submitting the final budgets;  participated in the walk through of the 700 5th St project - the RFP closes in the next couple of days and the board will see some additional information in the next couple of meetings;  have been participated in on-going employee negotiations; looking into energy projects; handling of miscellaneous issues within the Administration department; also the Road Department assisted in the installation of the Roy Rook Boat Docks this past Sunday.


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


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' July 23, 2013 Regular Meeting.**

Action: Approved.

2.    Approve and authorize Resolution 2013-035 establishing a Revolving Fund with the Community Development Department Administration Budget Unit (260) in the amount of $100, as requested by Deputy Director Building and Planning.**

Action: Approved Del Norte County Resolution 2013-035.

3.    Approve and adopt Resolution 2013-036 authorizing the Community Development Department to submit a Notice of Intent (NOI) to the North Coast Regional Water Quality Control Board acknowledging compliance with Order No. R1-2013-0004 and all applicable water quality control regulations for road maintenance and for projects seeking coverage under the order; Authorize the Deputy Director of Community Development to certify the associated NOI; and delegate signature authority to the Deputy Director of Community Development for future compliance conditions for Order R1-2013-0004, as requested by Deputy Director Engineering and Roads.**

Action: Approved Del Norte County Resolution 2013-036.

4.    Authorize the temporary closure of Oregon Mountain Road from its intersection with U.S. Highway 199 (west intersection) easterly to Mile Post 4.25, a distance of 4.25 miles, from August 15, 2013 to October 15, 2013 for culvert replacement, as requested by Deputy Director Engineering and Road Division.**

Action: Approved.

5.    Authorize and approve Director of Child Support Services to enter into agreement between the Department of Child Support Services and Laboratory Corporation of America for genetic parentage testing services, as requested by Director of Child Support Services.**

Action: Approved.Del Norte County Agreement # 2013-077.

6.    Approve, submit and file the County response to the 2012-2013 Final Grand Jury Report, as requested by County Administrative Officer.**

Action: Approved with the need to address/respond to the Fire District portion of the report.

7.    Approve and adopt Proclamation Honoring the Thirteenth Annual Bi-National Health Week, to take place the week of October 12-21, 2013.**

8.    Authorize and approve the Chair to sign the attached Federal Lands Access Programs Project Agreement which supplements the original California Forest Highway 112, South Fork Smith River Road project agreement to allow for the shift in funding only, as requested by Assistant Engineer.**

Action: Approved Del Norte County Agreement # 2013-078.

9.    Approve and authorize the Chair to sign the Agreement for Bar-O Boys Ranch Placement with Placer County as requested by Assistant Chief Probation Officer.**

Action: Approved Del Norte County Agreement #2013-079.

10. Approve and authorize the Chair to sign Agreement with California Department of Social Services for Agency Adoption Services from July 1, 2013 to June 30, 2016 not to exceed $170,915 each fiscal year, as requested by Director of Health and Human Services.**

Action: Approved Del Norte County Agreement # 2013-080.


11. Approve and authorize Chair to sign letter of support of Grant Application for Sea Level Rise Vulnerability and Risk Assessment for Del Norte County, as requested by Deputy Director Building and Planning.**

Action: Approved.

12. Authorize and approve Chair to sign letter to Pacific Southwest Regional Forester Randy Moore in relation to a formal request for allowance to park within a 300' buffer of forest service/other roads, as requested by County Administrative Office.**

Action: Approved.

13. Authorize and approve Chair to sign letter to the Executive Director of the Coastal Commission supporting a waiver of a preliminary approval for Use Permit for a Planned Community located at 110-020-81, Bay Meadows, as it corresponds to the pending Coastal Development Permit application for the mitigation of the Border Coast Regional Airport Authority's Runway Safety Area Improvement Project (RSA) and that it is consistent with the conceptual planned community development plan shown on Exhibit A, as requested by Deputy Director Building and Planning.**

Action: Approved.


Action: Approved Budget Transfers 06-22 and 06-23.


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

14. Approve Budget Transfer 06-22 for FY 12/13 in the amount of $19,658 within the Building Maintenance budget, as requested by Building Maintenance/Parks Superintendent.**

Action: Approved.

15. Approve Budget Transfer 06-23 in the amount of $342,342  to reimburse AB 109 inmate costs in the jail budget, as requested by Assistant Chief Probation Officer.**

Action: Approved.


16. 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.

17. 10:30 A.M. - Border Coast Regional Airport Presentation.



18. Informational review of Highway Safety Improvement Program (HSIP) Application to Caltrans for widening of the shoulders along Elk Valley Crossroads between US Highway 101 and Wonderstump Road, as presented by Assistant Engineer.**

19. Direct staff to prepare letter to Six Rivers National Forest - District Forester stating disappointment regarding the lack of additional locations for upcoming Smith River NRA Restoration and Motorized Travel Management Workshop, as requested by Supervisor Sullivan.

Action: Direct staff to prepare letter with the addition of addressing concerns that the information that is being presented is inaccurate versus what is being presentted to the Community and they should be required to address the inconsistencies with the current General Plan.

20. Direct staff to prepare letter to National Park Service regarding Redwood Hostel Relocation Initiative, as requested by Supervisor McClure.

Action: Directed staff to prepare letter regaing the Redwood Hostel Relocation Initiative.


21. 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.





Antoinette Self, Clerk of the Board

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