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 30, 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: Harrington House

Action: Teri McCune-Oostra gave a short presentation on the Harrington House.

·        The Pledge of Allegiance to the Flag led by Teri McCune-Oostra.

Action: The Pledge was lead by Teri McCune-Oostra.  Chair Finigan asked that all remain standing for a moment of silence for the loss of Bruno de Solenni and other fallen soldiers.

·        Introduction of new employees to the Board of Supervisors.

Action: Wendy Beeson was introduced as the new employee of Veteran's Affairs.

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

Action: No Closed Session was held.

·        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 deletions, corrections, or additions were requested.

SCHEDULED ITEMS:

1.     10:10 A.M. Adopt and present the following Proclamations: (1) A Proclamation in recognition of the 3rd Annual North Coast Stand Down (2) Accept a Proclamation on behalf of the Surf Competition (3) Accept the Proclamation for Domestic Violence Awareness Month (4) Adopt a Proclamation declaring October 16, 2008 as International Credit Union Day.

Action: On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board approved the Proclamations.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

2.     10:20 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 Sullivan reported on meeting with county staff regarding the Local Purchasing Policy, attending a Tri-Agency meeting and reported on the Executive Director resigning, attending an Local Transportation Commission meeting, meeting with Department Heads regarding their goals and objectives, attending the RCRC annual meeting where he commented on hearing speeches from the Federal Receiver for the Department of Corrections, on politics in Sacramento, commented on speaking with other Supervisors; attending a meeting with Supervisor Hemmingsen regarding a Resolution on the agenda, and attending ribbon cutting for Gasquet.

 

Supervisor McNamer reported on attending a Revolving Loan meeting, expressed appreciation for the turn lane implemented in Gasquet,  attending an Air Quality District meeting in Weaverville, attending a Social Disaster meeting, attending the RCRC Annual meeting, thanked the Clerk regarding the raffle basket, commented on the money from the event going to CASA Del Norte in the amount of  $3,860.00, and spoke about the various speeches, commented on the speech regarding global warming and wanted to address the issue of forest fires attributing to this issue.

 

Supervisor McClure reported on attending a Loan Committee meeting regarding the housing loan, attending a meeting with Department Heads regarding reviewing goals and objectives, touring the jail at the Sheriff's Department, spoke with Betty Yee of the State Board of Equalization regarding the escape tax going over the border, participating in a discussion regarding buying locally, participated in agenda review, commented on her students serving senior lunch and her appreciation for their efforts, attending the Historical Society on Sunday to celebrate the volunteers that run the organization, commented on Dotti Nuszkiewicz being awarded volunteer of the year, commented on  receiving a copy of an application from Humboldt Area Foundation for the US endowment of forest and communities, commented on  working with Art Reeve regarding the speed on Pacific Avenue, commented on the upcoming meeting on physician recruitment, encouraged the Board to review the Solid Waste Ordinances, and commented on Measure A being displayed on the Del Norte County School's website.

 

Supervisor Hemmingsen reported on the Board's tour through the jail, attending an Local Transportation Commission meeting, attending a Airport JPA meeting regarding the inclusion of Gold Beach and Curry County, meeting with the Department Heads regarding their goals and objectives, participating in a teleconference on Sea Grant project, attending the RCRC annual meeting and commented on issues that were brought up regarding lack of aggregate ability, climate change, Federal Receivership, Red Cross presentation and the collaborative partnerships, attending a LAFCO meeting where a new executive director was hired.

 

Supervisor Finigan commented on an RCRC call-in meeting, attending a  Tri-Agency meeting, commented on the Cowell Foundation visiting and touring our county and that word was received on Friday that they are going to make a commitment to our county, meeting with Rural Conservation District in Siskiyou and Shasta County regarding dam removal that was set up by the Yurok Tribe, attending the RCRC annual meeting, commented on the road project in Gasquet,  and on the issue of the RCRC annual meeting, commented on keynote speaker Ted Lampert Children Now, commented on the issues of aggregate, corrections, wildfires,  and OES.

 

3.     10:35 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 Tim Hoone.

4.     10:45 A.M. Conduct a Public Hearing to approve a Restoration Order for the disturbed wetland located at APN 115-180-23, which is owned by Ali and Malihe Hooshnam as requested by the County Engineer.**

Action: Art Reeve presented the item. Chair Finigan opened the Public Hearing.  Public Comment was heard from Kevin Hendrick on behalf of the Solid Waste Management Authority, and Frank Galea as a representative of Ali and Malihe Hooshnam. Chair Finigan closed the Public Hearing.

On a motion by Supervisor McClure and Seconded by Supervisor Hemmingsen the Board approved a Restoration Order for the disturbed wetland located at APN 115-180-23, which is owned by Ali and Malihe Hooshnam and directed staff to keep their time spent on the project noted and that no permit be issued until the bill is paid in full.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:00 A.M. Conduct a Public Hearing to discuss submissions of the State Community Development Block Grant Planning and Technical Assistance applications for General and Economic Development components and approve the two attached Resolution as requested by the County Administrative Officer.**

Action: Jim Carnegie presented the item. Public Comment was heard from Teri McCune-Oostra, Tim Hoone, and Joyce Crockett. On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board discussed submissions of the State Community Development Block Grant Planning and Technical Assistance applications for General and Economic Development components and approved the two attached Resolutions.

 

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

6.     11:15 A.M. Award of the Contract for Del Norte County Group Health Plan Administrative Services (TPA) to Delta Health Systems as requested by the County Administrative Officer.**

Action: Jeannine Galatioto discussed the two applicants for the Contract.  On a motion by Supervisor McNamer and seconded by Supervisor McClure, the board awarded the Contract for the Del Norte County Group Health Plan Administrative Services (TPA) to Delta Health Systems.

 

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

7.     11:30 A.M.  Hold a Public Hearing  to adopt the budget for the County of Del Norte and special districts for which the Board of Supervisors has jurisdiction for the fiscal year 2008-2009 as requested by the County Administrative Officer and authorize the Chair to sign the side letter agreement between Del Norte County and Del Norte County Employees Association SEIU- Local 1021.**

Action: Jeannine Galatioto explained the recommendation.  Chair Finigan opened the public hearing.  No Public Comment was heard.  On a motion by Supervisor McClure and seconded by Supervisor Sullivan, the Board adopted the budget for the County of Del Norte and special districts for which the Board of Supervisors has jurisdiction for the fiscal year 2008-2009 as requested by the County Administrative Officer as well as approved the following recommendations with the modification being made to #5 to be read: Un-designate funds set aside in the General Fund for capital project improvements and or acquisition in the amount of $100,000 for asbestos removal at the "G" Street properties:

1)         Approve the 2008-2009 Fiscal Year Budgets as presented and adopt the appropriate resolutions.

2)         Approve and adopt the Side Letter Agreement between the County of Del Norte and the Del Norte County Employees Association/SEIU Local 1021 approving three (3) furlough days without pay for employees represented by DNCEA/SEIU Local 1021 with the exception of employees assigned to twenty-four hour facilities (Jail, Juvenile Hall and Bar-O Ranch).

3)         Approve modification of the staffing chart shown on Attachment "A" reflecting changes to the overtime exempt status based on criteria set by the Fair Labor Standards Act.

4)         Approve modifications to the staffing chart as shown on Attachment "B" reflecting job classification designations for various positions such as Executive Management, Management, Mid-Management and Professional.

5)         Un-designate funds set aside in the General Fund for capital project improvements and or acquisition in the amount of $60,000.00 for asbestos removal at the "G" Street property.

6)         Eliminate (1) one Deputy Sheriff position due to the loss of CAL-MMET funding.

7)         Approve budget changes as reflected in Attachment "C".

8)            Accept and file modified department goals.

 

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

CONSENT AGENDA

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

Action: Items 10 and 11 were taken separately and read.

Supervisor Hemmingsen abstained from Item 12.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the consent agenda.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

8.     Approve the Minutes for the September 09, 2008 Board of Supervisors meeting.**

Action: Approved

9.     Approve and adopt the attached Resolution entitled "A Resolution of the Del Norte County Board of Supervisors Regarding a Pledge of Revenue Agreement Establishing Financial Assurance for Post-Closure Maintenance of the Crescent City Landfill and Authorize appropriate signatures on the Resolution as well as the attached Pledge of Revenue Agreement as requested by the Director of the Solid Waste Management Authority.**

Action: Approved

10. Accept a Resolution of the Del Norte County Board of Supervisors, State of California observing October 10, 2008 as Bi-National Obesity and Diabetes Awareness Day

Action: This item was taken separately. Approved

 

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

11. Approve and adopt a Resolution observing October 6-15 2008 as the Eighth Annual Bi-National Health Week

Action: This item was taken separately. Approved

 

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

12. Approve and adopt a Resolution Opposing Allocation of Harvesting Shares to Fish Processing Companies by the Pacific Fisheries Management Council as requested by Supervisor Sullivan.**

Action: Approved

13. Approve and authorize the Chair to sign the attached letters supporting legislation to improve outcomes for children and youth in foster care as requested by the Director of Health and Human Services.**

Action: Approved

14. Approve and authorize the Chair to sign the Agreement with James P. McCubbrey for Tobacco Use Prevention Program (TUPP) evaluation services from July 1, 2008 through June 30, 2009, not to exceed $13,500 as requested by the Director of Health and Human Services.**

Action: Approved

15. Approve and authorize the Chair to sign the Agreement with Raphaelle A. Butler, M.D. for the provision of psychiatric services from July 1, 2008 through June 30, 2009, not to exceed $181,916 as requested by the Director of Health and Human Services.**

Action: Approved

16. Approve and authorize the Chair to sign the Agreement with Robert Soper, M.D. for the provision of Psychiatric Services for the period July 1, 2008 through June 30, 2009, not to exceed $187,000 as requested by the Director of Health and Human Services.**

Action: Approved

17. Approve and authorize the Chair to sign the Agreement with the University of California, Davis (UC Davis) for Mental Health Services Training from July 1, 2008 through June 30, 2009, not to exceed $15,650 as requested by the Director of Health and Human Services.**

Action: Approved

18. Approve and authorize the Chair to sign the Agreement with Hallis CPA for Certified Public Accounting Services from July 1, 2008 through June 30, 2009, not to exceed $5,000.00 for the year-end Mental Health cost report as requested by the Director of Health and Human Services.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

19. Approve and authorize the Chair to sign the First Amendment to the Agreement for Consulting Services for an Actuarial Study to Value Other Post-Employment Benefits with Bickmore Risk Services & Consulting (BRS) (DNCO Agreement 2008-071) to extend the completion date to September 30, 2008

Action: Jeannine Galatioto presented the item. On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the First Amendment to the Agreement for Consulting Services for an Actuarial Study to Value Other Post-Employment Benefits with Bickmore Risk Services & Consulting (BRS) (DNCO Agreement 2008-071) to extend the completion date to September 30, 2008.

 

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

20. Direct staff to pursue the sale of 595 G St. or direct staff to continue to pursue funding to demolish the structure at 595 G St. and retain the property for future use as requested by the Assistant County Administrative Officer.**

Action: Jay Sarina presented the item and gave an overview of both options.  On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board directed staff to continue to pursue funding to demolish the structure at 595 G St. and retain the property for future use.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

21. Discuss and take possible action regarding the Public Defender Contract Terms as requested by the County Administrative Officer.**

Action: Jeannine Galatioto spoke on the issue.  Public Comment was heard from Leroy Davies.  After consideration, and on a motion by Supervisor McNamer and seconded by Supervisor Hemmingsen, the Board directed the County Administrative Officer to meet and confer with the Public Defenders on the new contract and in the interim, extended the existing contract for 60 days.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Gerry Hemmingsen

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

LAND USE:

22. Approve the Agreements with the following materials suppliers for the Road Department, and authorize the Chairman of the Board to sign the Agreements:  Traffic Solutions, Inc. for road striping services, Granite Construction Co. for asphalt materials and aggregate material, and Freeman Rock, Inc. for aggregate base and sand as requested by the Deputy Director of Community Development.**

Action: Art Reeve spoke to the Board members and changed his recommendation to be that the Board authorize the Chairman of the Board to sign the agreement for Traffic Solutions, Inc. but not to vote on the other listed contracts.

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board authorized the Chair to sign the agreement for Traffic Solutions, Inc.

 

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

23. Approved the revised plans and improvements in Klamath, CA and Howland Hill Road Improvements in Crescent City, CA project, and authorize the Chairman of the Board to sign them as requested by the Assistant Engineer.**

Action: Holly Cinkutis presented the item. On a motion by Supervisor Sullivan and seconded by Supervisor Hemmingsen, the Board approved the revised plans and improvements in Klamath, CA and Howland Hill Road Improvements in Crescent City, CA project, and authorized the Chairman of the Board to sign them.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Gerry Hemmingsen

 

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

Action: Chair Finigan asked that a call be made to Senator Thompson's office and any other relevant representatives to thank them for the work done on the Secure Rural Schools Bill.

CAPITAL PROJECTS:

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

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

ADJOURNMENT

1.     Adjourn and reconvene for a tour of the Department of Social Services facilities and Mental Health facilities. No action needed, information only.**

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  October 2, 2008

 

 

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