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, October 28, 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.

 

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