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 09, 2008

    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:     Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen and David Finigan

                  

Absent:       None

CLOSED SESSION 8:30 A.M.

Public Comment on Closed Session items only.

 

No Public Comment was given on Closed Session items.

 

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, represented and unrepresented bargaining units.  II) Conference with legal counsel – A) Existing litigation pursuant to Government code 54956.9(a), Pacific Shores CA Subdivision Water District v  DNC, DN Superior Court, Case No. CVPT 06-1454; Wendy Ormsby v Del Norte County, DN Superior Court, Case No, CVUJ 03-1501;John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; Connie Lawson v. Del Norte County, DN Superior Court., Case No. CVUJ06-1190; Joseph Rimac v. Del Norte County, US District Court, Northern California Division,  SC C 07-0298; David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; Dawn Heckel v District Attorney, DN Superior Court, Case No. CVPI 07-1176;County of Del Norte v Beckett et al, DN Superior Court., Case No. CVUJ 05-1557; Gimbel v. California, US District Court, Northern California District Case No. C 07-058196 EMC; Clark v. Del Norte County, DN Superior Court, Case No. CVPM07-1496; and Coyle v. James marmon, et al., DN Superior Court Case No. CVPM07-1572; Pacific Shores Homeowners Association v. Del Norte County Flood Control District, Sacramento Superior Court, Case No. 07AS01615; McNamara & Peepe, US Bankruptcy Court, Northern District no. 1-84-00550; Gregory Jones & Darlene Jones v. County of Del Norte, et. seq. US District Court, Northern District no. cv 08 3222BZ; Crescent Heritage Coalition v. County of Del Norte, Del Norte Superior Court Docket # CVUJ 08-1408; 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) - 1 case. 

 

 

 

 

 

REGULAR SESSION 10:00 A.M.

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

·        This Board of Supervisors meeting is dedicated to some of our partners: Del Norte County Recreation

Action: John Horner gave a presentation regarding Del Norte County Recreation.

·        The Pledge of Allegiance to the Flag led by John Horner

·        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: County Counsel reported on a motion made by Supervisor Hemmingsen and seconded by Supervisor Sullivan to pursue all legal remedies and institute such legal action as may be appropriate to collect past due assessments owned by the State government from assessments by the Pacific Shores Facilities District.

·        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: No deletion, additions, or corrections were requested.

SCHEDULED ITEMS:

1.     10:05 A.M. Presentation by Eric Wier, Engineer for the City of Crescent City, regarding the Fred Endert Pool Project.**

Action: Eric Wier gave a in-depth presentation regarding the progression of the reconstruction of the Fred Endert Pool.

2.     10:15 A.M. Receive other brief reports or announcements relative to 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 Hemmingsen reported on constituent complaints about the water on Elk Valley and in regards to the National Parks well, meeting with Jim Grossman, attending a Solid Waste Management meeting, attending Weed high school for the induction of his wife's father into the school's Hall of Fame, attending a Airport JPA meeting, meeting with Al Muelhofer of the Sierra Club regarding the organization.

 

Supervisor McClure reported on attending a Solid Waste Management meeting regarding an ordinance that will address the requirement for hauling and dumping and penalties regarding the dumping ordinance, moving into new classroom and the topic of school starting, attending a Labor Day Picnic at Front Street, and attending a dinner meeting for the Stewards of the Dunes.

 

Supervisor McNamer reported on meeting with Jim Grossman, attending a Senior Center Board meeting regarding the new truck for Meals and Wheels and the recent fuel leak and commented that the average number of meals in July was 88 people, attending a 2x2 with Supervisor and the Smith River Rancheria regarding the roads in their system that they want and also discussed Point St. George and the Stryker property, attending the VFW picnic, attending an Area 1 Agency meeting regarding their purpose and outreach and the needs of senior citizens, site visits, public hearing legislative action, and needs assessment; and attending the FRC to observe the area regarding the lease agreement and the need for a second look

 

Supervisor Sullivan reported on the first week of school for his son, commented on complaints regarding houses and blight on Relim road, attending a Tri-Agency meeting, participated in a conference call with Supervisor Finigan and Cal-Trans regarding a transportation issue, meeting with Jim Grossman regarding the costs of going out of town instead of spending locally, attending a 2x2 with Supervisor McNamer and Smith River Rancheria, commented on a constituent call regarding the county jail and another regarding Oceanview Drive, meeting with Ed Fulton at Clifford Camp regarding access to the beach, met with Leon at the Health Department, meeting with Al Muelhoefer regarding the Sierra Club, attending a Deal meeting in Eureka regarding 197/199, funding proposal for $4 million dollars for broadband to connect Humboldt County with Del Norte, discussion about the detour through Richardson Grove and construction to be completed in 2010, commented on the cattle exemption for commercial trucks, commented on the grade raise in Klamath in 2010, Wilson Creek reconstruction in 2009, the Last Chance grade project for this spring, Dr. Fine Bridge 2012 reconstruction, 10 new turnouts on 199, Hardscrabble Bridge completion by October 15, cable-mesh program on 11 miles of 199, scoping meeting on September 16 regarding 199/197 projects, Newton Drury Park being shut down and the need for it to be open during inclement weather, Eureka/Arcata's possibility of U-turns in the Safety Corrider, Confusion Hill completion in 2009, attending a Proactive Financial Management meeting, attending a community reception for the new president of College of the Redwoods

 

Supervisor Finigan reported on attending a Safe and Healthy Goal meeting regarding gang task force, aging out foster care, food security, and CASE; participating in  a tele-conference with Cal-Trans and Supervisor Sullivan regarding FSTID money and the award of a $435,000 grant that they were not aware of, attending a Tri-agency meeting where Jim Grossman was introduced, attending a JPA Airport meeting, and Airport agenda review, attending the Klamath Fishing derby, participating in another agenda review, traveling to Sacramento to testify at a Environment and Public Works briefing that was chaired by Barbara Boxer regarding transportation and Safety Loo and consisted on two panels with 8 people, and commented that Senator Boxer has agreed that there will be a guarantee that there will be funding set aside for rural roads, attending an FRC First 5 Commission meeting regarding preparation for a visit from Cowell foundation, participating in an RCRC conference call, attending the reception at College of the Redwoods, and commented on the County willing the CSAC Merit Award for the entry of "Saving the Wonderbus".

 

 

3.     10:35 A.M. Accept the following Proclamations:  (1) In Appreciation for the Medicine Shoppe and (2) In Recognition of the Farmer's Market, as requested by Supervisor McClure.**

Action: On a motion by Supervisor Sullivan, seconded by Supervisor McNamer, and carried unanimously, the Board approved both Proclamations.  Supervisor Finigan read the Proclamation for the Medicine Shoppe and presented it to Tom Nichols and Ston Yackamouih.  Supervisor McClure read the Proclamation for the Farmers Market and presented it to Rural Human Services.

4.     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.

Action: Public Comment was heard from Roy Bieber.

5.     10:45 A.M. Conduct a Public Hearing regarding the request to abandon a portion of the LeClair Avenue right-of-way, located between the Grant Street right-of-way and the Darby Avenue right-of-way, adjacent to Assessor Parcel Number 115-290-77 with the conditions listed below as requested by the County Engineer.**

Action: Supervisor Sullivan and Chair Finigan both recused themselves from the item for conflict of interest.

Art Reeve gave a brief presentation on the project.

Vice-Chair McNamer opened the Public Hearing.  Comments were heard from Terry Vance, Jr, the appellant, as well as the appraiser Dylan Ridgley. Supervisor McNamer closed the Public Hearing and brought it back to the Board.

After much discussion, Supervisor McClure moved that the Board approve the request to abandon a portion of the LeClair Avenue right-of-way, located between the Grant Street right-of-way and the Darby Avenue right-of-way, adjacent to Assessor Parcel Number 115-290-77 with the conditions listed below and charge the landowner half of the Community Development's estimated value  and that the attached Resolution should not be recorded until the fees have been paid.  Supervisor Hemmingsen seconded the motion and the Board approved the request.

CONSENT AGENDA

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

Action: Items 8, 14, and 16 were pulled for separate discussion.

Supervisor Sullivan recused himself from Item #9 for conflict of interest.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       5              Michael Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve the minutes from the August 26th Board of Supervisor meeting.**

Action: Approved

7.     Approve and adopt the attached Resolution authorizing the County Agricultural Commissioner to sign an agreement with the California Department of Food and Agriculture for a Weed Management Area Work Plan as requested by the Agricultural Commissioner.**

Action: Approved DNCO Resolution 2008-058; DNCO Agreement 2008-209

8.     Approve and authorize the Chair to sign the Agreement with First 5 Del Norte to lease office space at the Del Norte Family Resource Center from July 1, 2008 through June 30, 2009, not to exceed $2,177 per month as requested by the Director of Health and Human Services.**

Action: This Item was pulled for separate discussion. On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the Agreement with First 5 Del Norte Family Resource Center from July 1, 2008 through June 30, 2009, not to exceed $2,177 per month.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       5              Martha McClure, Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

9.     Approve and authorize the Chair to sign the First Amendment to Contract for Public Defender Services (DNCO Agmt. No. 2006-143) replacing Rick McClendon with George Mavris as requested by the County Administrative Officer.**

Action: Supervisor Sullivan recused himself from this item.

Approved

10. Request and direct staff to conduct an engineering speed study on Fred Haight Drive and Oceanview Drive as requested by Supervisor Sullivan.**

Action: Approved

11. Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. for the Department of Health and Human Services (DHHS), Alcohol and Other Drug Programs (AOD) to provide youth alcohol and drug counseling services for the period July 1, 2008 through June 30, 2009, not to exceed $37,200 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2008-211

12. Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. for children's mental health services to Medi-Cal eligible children, youth and their families from July 1, 2008 through June 30, 2009, not to exceed $2,240,000 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2008-212

13. Approve and authorize the Chair to sign the Non-Supplantation Certification and Comprehensive Agreement Form with the State Department of Public Health Services (CDPH) for the Hospital Emergency Preparedness Program for 9/01/07 through 08/09/08 for $171,190 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2008-213

14. Approve and authorize the Chair to sign the Agreement with Rural Human Services, Inc. (RHS) for office space at the Del Norte Workforce Center (DNWC) from July 1, 2008 through June 30, 2009, not to exceed $71,760 as requested by the Director of Health and Human Services.**

Action: This item was pulled for separate discussion.  On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the Agreement with Rural Human Services, Inc. (RHS) for office space at the Del Norte Workforce Center (DNWC) from July 1, 2008 through June 30, 2009, not to exceed $71,760Approved DNCO Agreement 2008-214

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       4              Martha McClure, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       1              Michael Sullivan

Vote Abstain: 0              None

15. Approve and authorize the Chair to sign the Agreement with the California Department of Health Care Services assuring the Department of Health and Human Services, Public Assistance/Employment & Training Branch compliance, maintaining the privacy and security of Medi-Cal Personally Identifiable Information as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2008-215

16. Discussion and possible action to give direction to County Staff to cancel or suspend County Ordinance #11.36, in regard to the Airport Advisory Commission (AAC) as requested by the Airport Manager.**

Action: Jim Bernard gave an overview of why this ordinance needs to be cancelled.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board gave direction to County Staff to cancel or suspend County Ordinance #11.36, in regard to the Airport Advisory Commission.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       5              Leslie McNamer, Gerry Hemmingsen, Michael Sullivan, David Finigan, Martha McClure      

Vote Nay:       0              None

Vote Abstain: 0              None

17. Approve and authorize the Chair to sign a letter in support of rebuilding the inner basin as requested by the Harbormaster.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

18. Approve and authorize the Chair to sign the attached letter regarding land acquisition and "No Net Loss" as requested by Supervisor Hemmingsen.**

Action: Chair Finigan asked that the appropriate attachments be sent with the letter. Supervisor Hemmingsen stressed the need for this action.  On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the attached letter regarding land acquisition and "No Net Loss".

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       4              Michael Sullivan, Leslie McNamer, Gerry Hemmingsen, David Finigan         

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None

19. Adjourn as the Board of Supervisors and reconvene as the "In-Home Supportive Services Public Authority" and approve and accept the resignation of a total of four members of the IHSS Advisory Committee and allow for recruitment to fill all vacancies as requested by the Director of Health and Human Services.**

Action: The Board adjourned as the Board of Supervisors and reconvened as the In-Home Supportive Services Public Authority.  On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved and accepted the resignation of a total of four members of the IHSS Advisory Committee and allowed for recruitment to fill all vacancies.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

Vote Yea:       5              Leslie McNamer, Martha McClure, Michael Sullivan, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

20. Discuss the attached report and direct staff to prepare an ordinance amendment that may include local vendor preference policies for purchases of supplies, equipment, materials, and personal services, and determine the percentage of cost to be used to calculate local vendor preference as requested by the Assistant County Administrative Officer.**

Action: After discussion, Chair Finigan suggested that a committee be formed including Supervisor Sullivan, Supervisor McClure, and all relevant persons or agencies to discuss the Local Vendor Preference Policy and bring it back to the Board.

LAND USE:

21. Reject all bids and Authorize the County Engineer to re-advertise the project for the Cliff Stabilization Project on Pebble Beach Drive (Project No. ER 3800-001) as requested by the County Engineer.**

Action: Art Reeve gave a brief description of the bidding process and why this action is needed.  On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board rejected all bids and authorized the County Engineer to re-advertise the project for the Cliff Stabilization Project on Pebble Beach Drive (Project No. ER 3800-001).

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    None

 

Vote Yea:       5              Leslie McNamer, Michael Sullivan, Martha McClure, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

22. 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.

Action: The following letters were introduced: Support of Highway 199/197 projects, Request for Veto regarding Assembly Bill 2447, and regarding Pacific Shores and the Certificate of Completion.  On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board authorized the Chair to sign and send the letters.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       5              Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan, Michael Sullivan     

Vote Nay:       0              None

Vote Abstain: 0              None

23. Approve and authorize the Chair to send a letter of support regarding Route 101 Richardson Grove Operational Improvement Project as requested by Supervisor Sullivan.**

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

Vote Yea:       5              Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen, David Finigan         

Vote Nay:       0              None

Vote Abstain: 0              None

CAPITAL PROJECTS:

24. Written Capital Projects Update.  Information Only.**

Action: A Written Capital Projects Update was given.  Information only.

ADJOURNMENT

Action: Adjourn and Reconvene at the Veteran's Hall at 810 H St. Crescent City, CA 95531 to examine the progress made on the new flooring.  No action, informational only.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  September 18, 2008

 

 

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