A G
E N D A
BOARD OF SUPERVISORS
DEL NORTE COUNTY
STATE OF CALIFORNIA
981 H STREET,
ROOM 100
CRESCENT CITY,
CA 95531
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REGULAR
MEETING
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Tuesday, October 28, 2008
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10:00 AM
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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.
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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; Wigley v.
Del Norte CVPI 06-1401; 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: California
Governor's Office of Emergency Services
·
The
Pledge of Allegiance to the Flag led by James D. Goltz Ph.D.
Earthquake and Tsunami Program Manager, California Governor's Office of
Emergency Services
·
Introduction
of new employees to the Board of Supervisors.
·
Report
of any actions from closed session by County Counsel.
·
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.
SCHEDULED ITEMS:
1.
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).
2.
10:30
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.
3.
10:45
A.M. Acting as the Board of
Equalization, Hear an Application for Changed Assessment, Kou Moua TPZ
Recoupment Fees.**
4.
11:30
A.M. Acting as the Board of Equalization, Hear an Application for Changed
Assessment, Ali and Mahile Hooshnam, (APN 120-036-04 and APN 120-036-09).
5.
11:45
A.M. Nuisance Abatement Hearing for the Property at 202 Pike Street, Crescent
City C.A. Assessor's Parcel Number 115-274-01. Review case file and evidence of
violations at the property to determine whether or not a public nuisance exists
as requested by the Code Enforcement Officer.**
CONSENT AGENDA
Comments
from members of the public may be heard at this time regarding matters on the
Consent Agenda only.
6.
Authorize
the Governor's Office of Emergency Services and NOAA's National Weather
Services to conduct a "Live Code Tsunami Warning Test" in Del Norte
County as requested by the County Administrative Officer.**
7.
Approve
and authorize the Sheriff to enter into an agreement with Bio-Tox Laboratories
for forensic toxicology analysis for Coroner investigations as requested by the
Sheriff-Coroner.**
8.
Approve
and authorize the Sheriff to enter into an agreement with Sutter Coast Hospital
for health services as requested by the Sheriff-Coroner.**
9.
Approve
and authorize the Sheriff to enter into a cooperative agreement with the United
States Forest Service as requested by the Sheriff-Coroner.**
10. Approve
and authorize the Sheriff to enter into an agreement with the State of
California, Department of Boating and Waterways for the fiscal year 2008-2009
to allow for the purchase of equipment as requested by the Sheriff-Coroner.**
11. Approve
the second Amendment to Agreement number 2007-095 between the County and Snider
General Engineering for construction services for the Pyke Field Repair
Project, and authorize the Chair to sign the attached amendment as requested by
the Assistant County Administrative Officer.**
12. Approve
the Agreement with Granite Construction Co. For asphalt concrete materials and
authorize the Chairman of the Board to sign the agreement not to exceed
$450,000.00 as requested by the Deputy Director.**
13. Approve
and authorize the Chair to sign the Agreement with United Indian Health
Services, Inc. (UIHS) for the provision of large scale disaster emergency
response equipment for the period September 1, 2007 through August 8, 2009, not
to exceed $13,200.00 as requested by the Director of Health and Human
Services.**
14. Approve
and authorize the Chair to sign the Agreement with Klamath Fire Department for
the provision of large scale disaster emergency response equipment for the
period of September 1, 2007 through August 8, 2009, not to exceed $12, 500.00
as requested by the Director of Health and Human Services.**
15. Approve
and authorize the Chair to sign the Agreement with Fort Dick Fire Department
for the provision of large scale disaster emergency response equipment for the
period September 1, 2007 through August 8, 2009, not to exceed $20,000.00 as
requested by the Director of Health and Human Services.**
16. Approve
and authorize the Chair to sign the Agreement with Patricia Kirk, dba
Scriveners The Word-Smiths for transcription services provided to the
Department of Health and Human Services, Mental Health Branch for the period
July 1, 2008 through June 30, 2009, not to exceed $11,200.00 as requested by
the Director of Health and Human Services.**
17. Approve
sponsorship of a small business survey conducted by the "Access
Project," a Small Business Health Insurance Research and Engagement
Project in affiliation with Brandeis University, Waltham, Massachusetts and the
Department of Health and Human Services.**
18. Approve
and adopt the side letter agreement with the Del Norte County Employees
Association/SEIU Local 1021 adopting the following: a) an agreement for three
(3) additional Union Stewards; b) amending the grievance procedure in the
current MOU to provide language for non-precedent setting grievances; c) amend
language in the holiday provisions to clarify the Christmas Holiday; d)
providing a labor-management committee; and e) an agreement to meet subsequent
to the adopting of the State budget to discuss economic issues as requested by
the County Administrative Officer.**
19. Approve
and adopt the Local Agency DBE Annual Submittal for Federal Fiscal Year 2008/09, and authorize
the Chairman of the Board to sign it as requested by the Deputy Director.**
20. Approve
and authorize the County Administrator to sign the Administrative Agreement
with Delta Health Systems that provides Administrative services for the
County's Health Care Benefit Plan as requested by the County Administrative
Officer.**
21. Approve
the elimination of the following positions within the Department of Health
& Human Services and direct staff to make the appropriate modifications to
the Staffing Chart effective October 28, 2008:
One (1) Account Clerk I/II/III at DHHS-Social Services Branch, One (1)
Social Worker I/II/III/IV at DHHS-Social Services Branch, One (1) Eligibility
Worker I/II/III at DHHS-Social Services Branch, and One (1) Medical Records
Clerk I/II at DHHS-Mental Health Branch as requested by the County
Administrative Officer.**
22. Approve
and authorize the Chair to sign the Amendment to the Memorandum of
Understanding Between Tri-Agency Economic Development Authority & the
County of Del Norte as requested by the County Administrative Officer.**
REGULAR ITEMS
GENERAL GOVERNMENT:
23. Approve
and authorize the Chair to sign a HOME Program Loan Agreement and related
documents with Hidden Creek Apartment Investors, L.P. in the amount of
$1,525,000.00 to be used for construction and permanent financing of an 81 unit
multi-family development known as the Hidden Creek Apartments as requested by
the County Administrative Officer.**
24. Approve
and adopt the attached Memorandum of Agreement with the Smith River Rancheria
and authorize the Chairman of the Board to sign it as requested by the County
Engineer.**
25. Adopt
and forward to the listed offices the attached Resolution which determines the
options contained in P.l. 110-343 Secure Rural Schools (SRS) regarding Forest
Receipts for Del Norte County for the upcoming allocation of funds and
authorize the Chair to sign the attached transmittal letter to Christine Nota
of the U.S. Forest Service as requested by the Director of Community
Development.**
26. Waive
full reading, read by title only and introduce an Ordinance of the Del Norte
County Board of Supervisors amending Chapter 3.08 of the Del Norte County Code
relating to Uniform Transient Occupancy Tax as requested by the Treasurer-Tax
Collector.**
27. Accept
the donation of real property from Stimson (APN: 115-040-01 and 117-020-04) and
direct staff to proceed with the transfer of title including the preparation of
a donation transfer agreement; and authorize the County Administrative Officer
to sign such documents as to result in the transfer of land; and authorize the
Chairman to sign the deeds finalizing the transfer as requested by the
Assistant County Administrative Officer.**
LAND USE:
28. Authorize
the Chairman of the Board to sign the Resolution authorizing the County
Administrative Officer to execute certifications, acceptances, and agreements
on behalf of the County for acquisition of right of way for the Pebble Beach
Rehabilitation Project (RPL-5901-028) as requested by the Deputy Director.**
BUDGET TRANSFERS:
29. Approve
the following Budget transfers within the Department of Health and Human
Services: (10-04) in the amount of
$50,000.00 for wraparound services; (10-05) in the amount of $131,873.00 within
the Mental Health Branch; (10-06) in the amount of $141,696.00; (10-07) in the amount of $340,692.00; and
(10-08) in the amount of $329,900.00 as requested by the Director of Health and
Human Services.**
30. Approve
a Budget Transfer (10-02) within the Capital Projects budget in the amount of
$1,795.00 as requested by the Assistant County Administrative Officer.**
31. Approve
a Budget Transfer (10-03) within the Sheriff's Department in the amount of
$50,000.00 as requested by the Sheriff-Coroner.**
LEGISLATIVE AND BUDGET ISSUES:
32. 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.
CAPITAL PROJECTS:
33. Written
Capital Projects Update. Information Only.**
BOARD OF EQUALIZATION
ADJOURNMENT
Jeremi Ruiz,
Clerk of the Board
County of Del Norte, State of California Date
Posted: October 24, 2008
THE AGENDA AND ACTION
SUMMARY ARE AVAILABLE ON THE COUNTY WEBSITE: www.co.del-norte.ca.us