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, September 24, 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 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; Del Norte Ambulance Agreement; 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 and Resighini Rancheria, et al vs. Dean Wilson, US District Court, Northern District of California Case No.  C-11-6710 EMC; Otremba v DNC Del Norte Superior Ct., # CVUJ-10-1258; and Stewart v. DNC, Del Norte Ct # CVUJ09-1001 (B) Anticipated litigation: 1) significant exposure to litigation pursuant to Govt’ Code 54956.9(b) - one case; 2)  Initiation of litigation Conference with Legal Counsel pursuant to Govt’ Code 54956.9(c) – three cases.

 

 

 

REGULAR SESSION 10:00 A.M.

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

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

·        Introduction of new employees to the Board of Supervisors

Action: Director of Health and Human Services Gary Blatnick introduced Dan Cumbra as the newly appointed Coordinator for the Department of Drug and Alcohol.

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

Action: No reportable action 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.

·        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:  Redwood Coast Transit meeting; Republican social with Tim Donnelly; Funeral of Retired Del Norte County Sheriff's Department, Robert Long; wanted to wish Sgt. Erik Apperson a speedy recovery; participated in the American Bail Coalition Conference Call; traveled to Weaverville to attend Air Quality meeting; A1 Agency on Aging meeting; attended LAFCo meeting; spoke with constituent regarding Tansy Ragwort issues in the Del Norte County AG community; discussed a speed issue on El Dorado with a concerned constituent that needs to be addressed.

            Supervisor Hemmingsen:  Meeting with George MacDougall regarding grant application relating to OHV projects; attended a BCRAA meeting to prepare for Coastal Commission; attended the Yurok 2x2 meeting; also attended the LAFCo meeting - where del Norte County Fair discussed assistance with a special district and a letter of support to LTCo for Last Chance Grade; dealt with a more than normal amount of issues from constituents with matters from all spectrums.

            Supervisor McClure:   Attended the Coastal Commission meeting; also attended the Historical Society meeting; attended the Redwood Park Associations meeting discussed the relocation of the hostel; met with Humboldt Area Foundation; and attended the Healthcare District 2x2;

            Supervisor Sullivan:  Attended the Healthcare District 2x2 meeting where alternatives and future of hospital was discussed; annual Republican dinner at Ocean Air Farms;  attended Agenda Review; will be attending RCRC meeting with Supervisor Finigan; requested CAO Sarina to contact BCRAA regarding status of Coastal permit and provide update at next meeting.

            Supervisor Finigan:   Attended a meeting with First 5; participated in the Airport JPA meeting to prepare for Coastal Commission; Attended the Coastal Commission meeting where the Airport obtained the Coastal Permit; attended a meeting regarding land use with staff; participated in the weekly CSAC legislation call; attended the Yurok 2x2 meeting where a workshop was discussed and is being coordinated; attended the Sacramento CSAC Audit; meeting with counsel and Tri-Agency.

·        Receive a brief report from the County Administrative Officer.

Action: Focus has been on finalizing budget and employee negotiations; addressing changes with legislation; issues with employees; meeting with Brandon Ida from Senator Boxer's office; participated in the Yurok 2x2; participated in the exit interview regarding the CBDG monitoring; addressed issues that were brought by the Board and employees.

CONSENT AGENDA

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

Action: Consent items 1-9 approved.

 

Motion:    Move to approve

Move:       Gerry Hemmingsen

Second:    Roger Gitlin

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

1.    Approve the Minutes from the Board of Supervisors' September 10, 2013 Regular Meeting.**

Action: Approved.

2.    Approve and the submittal of the annual DBE and ADA forms to Caltrans and authorize the Chair of the Board to sign forms, as requested by Community Development - Assistant Engineer.**

Action: Approved.

3.    Approve and authorize the Chair to sign the Agreement for Professional Services with Quincy Engineering, to replace the Hunter Creek Bridge on Requa Road in Klamath, as requested by Community Development - Assistant Engineer.**

Action: Approved.  DNCO Agreement #2013-109.

4.    Approve and authorize the nomination of Supervisor Michael Sullivan (Director) and Supervisor David Finigan (Alternate) to the CSAC Board of Directors for the year 2013-2014, as requested by the California State Association of Counties.**

Action: Approved.

5.    Approve and authorize the appointment of Warren Rehwaldt, M.D. to the First 5 Commission as the County Designated Representative for a 4-year term ending in March 2016, as requested by Executive Director First 5.**

Action: Approved.

6.    Approve and authorize County Administrative Officer to sign Right-of-Way Contract with Caltrans for a Temporary Construction Easement, covering the property located at 4705 North Bank Road in Crescent City, CA, as requested by County Administrative Officer.**

Action: Approved.  DNCO Agreement #2013-110.

7.    Approve and authorize the Chair to sign a Deferred Improvement Agreement for the Road Improvements required as a condition of the Building Permit associated with Use Permit UP1309, as requested by Community Development - Assistant Engineer.**

Action: Approved.  DNCO Agreement #2013-111.

8.    Approve and authorize the acceptance of a donation of fencing from Del Norte County Transfer Station and volunteer time from Walmart Store 1910 for time associated with the replacement of the damaged fence on the southeast side of the County property located by Walmart,  as requested by Supervisor Gitlin.**

Action: Approved.

9.    Approve and authorize the Tax Collector and County Administrative Officer to execute an Agreement for Pre-Sort Center of Stockton, Inc., for printing and mailing of secured tax bills, as requested by Treasurer/Tax Collector.**

Action: Approved DNCO Agreement #2013-112.

10. Approve and authorize the Chair to sign Agreement with Canyon Manor from September 1, 2013 through June 30, 2014, not to exceed $180,000, as requested by Director of Health and Human Services.**

Action: Approved.  DNCO Agreement #2013-113.

 

 

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

SCHEDULED ITEMS:

11. 10:40 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.

12. 10:45 A.M. North Coast Unified Air Quality Management District Presentation - Challenges in California's North Coast Air Basin.

13. 11:00 A.M. Conclude the Public Hearing and adopt the Recommended 2013/2014 Fiscal Year Final Budget and Special District Budgets by Resolution as presented over the course of the budget hearings;  (1) Adopt Resolution 2013-039, a Resolution Fixing Tax Rates for Fiscal Year 2013-2014 as required by Government Code;  (2) Adopt  Resolution 2013-040 setting the appropriation limits for Fiscal Year 2013/2014; Approve and adopt Attachment A outlining staffing changes, including elimination or creation of positions, as requested by the County Administrative Officer.**

Action: Approved.  DNCO Resolutions 2013-039 and 2013-040.

 

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

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Request to direct staff to explore text amendment to Non-Coastal Zoning Ordinance General Provisions (DNCO 20.47) in order to identify suitable disposal sites for materials  originating along the state highway system as requested by Caltrans and present information to the Planning Commission before returning to the Board of Supervisors, as requested by Community Development Department - Planner.**

Action: Board directed staff to explore text amendments to Non-Coastal Zoning Ordinance General Provisions (DNCO 20.47) in order to identify suitable disposal sites for materials along the state highway system.

15. Request that the Board Appoint Heidi Kunstal as the Interim Community Development Director at an A-5 C Step, as requested by County Administrative Officer.**

Action: Approved.

 

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. Discuss and take possible action to declare a vacancy of the Office of District Attorney in accordance with Government Code Section 1770 (g), as requested by County Counsel.

Action: Motion to declare vacancy in accordance with Government Code Section 1770(g) approved. 

 

Board directed staff to begin the recruitment process for the vacancy of the office of District Attorney.

 

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

LEGISLATIVE AND BUDGET ISSUES:

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. Approve and authorize the Chair to sign letter of support for SB 740 (Padilla) which modifies the eligibility requirements for awarding grants from the California Advanced Services Fund to promote greater broadband access, as requested by County Administrative Office.

Action: Approved.

 

 

 

19. Approve and authorize the Chair to sign letter of support for SB 744 (DAHLE) which is a late session bi-partisan gut and amend fueled by concerns from the Rim Fire which would create a pilot program in the Sierra Nevada Conservancy which would simplify forest management practices by providing an expansion of the current timber harvest plan exemption in the highest risk fire regions allowing for harvest of trees less than 24-inches in stump diameter rather than the current 18-inch current limit, as requested by County Administrative Officer.**

Action: Approved.

20. Approve and authorize the Chair to sign letter of support for AB 1042 (Hall) which provides a statewide appropriation of $13 million in Indian Gaming Special Distribution Fund (SDF) - local mitigation monies for this year, as requested by County Administrative Officer.**

Action: Approved.

21. Review, make any necessary amendments, and adopt the 2013/2014 Del Norte County Legislative Platform as requested by the County Administrative Officer.**

Action: Board to review the Legislative Platform and provide comments and revisions for finalizing legislative platform and once the changes are implemented, updated document to be brought back to the Board for approval at a later date.

 

 

ADJOURNMENT

 

Antoinette Self, Clerk of the Board

County of Del Norte, State of California              Date Posted:  September 27, 2013

 

 

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