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, February 17, 2009

    8:30 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.

 

 

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; John Gimbel v. County of Del Norte, US District Court, Northern California Division., Case No. C070113; 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; Chisman v. County US Dist Ct, Northern Cal Dist, # C084793MMC; Haley v. County, US Dist Ct, Northern Cal Dist, # CV084572WHA; Dickson v. County CV-UJ-08-0001485; Olson v. Riese, Del Norte Superior Court # CVUJ08-1513; Tyler Dickson v. Del Norte County, Del Norte Superior Court # CVUJ-1485; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; 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.

Action: The Chair called the meeting to order at 8:31 A.M.

·        This Board of Supervisors meeting is dedicated to some of our partners:

·        The Pledge of Allegiance to the Flag led by Supervisor McNamer.

Action: Supervisor McNamer led the Pledge of Allegiance.

·        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: On behalf of County Counsel, Deputy County Counsel John Seyman stated that there were no reportable actions 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.

Action: There were no deletions, additions, or corrections requested.

SCHEDULED ITEMS:

1.     10:05 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 Finigan reported on attending an RCRC meeting in Sacramento for the installation of officers and also to meet and greet with key legislators, commented  on awards presented to Senator Cox for his efforts on SB1xxx which saved the county tens of thousands of dollars; attending an Airport JPA agenda review, attending a Tri-Agency meeting in which elections were held, attending a CASA retreat and workshop in which their goals and budget were worked on, attending an FRC Board meeting, attending an Airport JPA meeting with a presentation regarding management, financing and building techniques; attending a meeting of First 5 Del Norte regarding funding, commented on a letter from Senator Aanestad, attending an awards ceremony at Mary Peacock in which his daughter won the Citizenship of the Month Award, traveling to Santa Rosa to testify on behalf of Del Norte County, RCRC, and CSAC regarding regulations and standards for SB 885; attending a Realtor Board reception, attending a meeting in Klamath regarding a tribal teen court that is trying to be started through the Boys and Girls Club.

Supervisor McClure reported on the possibility of the formation of the teen court for the Yurok Tribe and stated that it will be patterned after the Humboldt County and Placer County models, attending a Meth Forum in Smith River with a group of providers and stated that Randy Bancroft and Dan Cumbra from Social Services need to be recognized on their efforts; asked that Leon Perrault and Ernest Perry be formally recognized on their above and beyond efforts regarding SB 885, attending a Solid Waste meeting in which Dennis Burns is now the Chair, and meeting with Bill Renfroe.

Supervisor McNamer reported on attending a four hour training at the Memorial Hall regarding disaster training, meeting with Kevin Hendrick, attending her first Solid Waste Management Authority meeting, participated in a Senior Center agenda review in which there was a change to the meeting dates to the third Wednesday of the month, attending an IGRC meeting, attended a meeting with Supervisor Hemmingsen at Social Services regarding foster care, attending the FRC for a presentation on C.A.S.E. and thanked Jeannine Galatioto for her efforts in the campaign, attending her granddaughter's basketball games, attending an Auto/Info meeting which included a GIS update, and thanked the Assessor's office for their involvement.

Supervisor Sullivan reported on briefly attending the Senior Officials Disaster Preparedness workshop, attending a School Board meeting regarding Measure A which included a presentation by Angelina Bieber that focused on Measure A as well as ways to insure that there is local employment in the process, attending the Regional Water Quality meeting on SB 885 with Supervisor McClure, Supervisor Hemmingsen, Leon Perrault, Health Department, and Ernie Perry, Community Development, and stated the attendance to be about 150 to 180 people, commented that the feedback from participants was that of extreme anger at the piece of legislation, attending a meeting with Grant Wershkull regarding Hurdy Gurdy, attending a fire prevention meeting regarding the National Recreation Area with Cal-Fire regarding the prepping of the Big Flat area, attending Joyce Kimball's funeral, attending the Chamber dinner, attending a special Tri-Agency meeting with Supervisor Finigan, and attending an awards ceremony at Mary Peacock where his son received the award for Star Mathematician for February.

Supervisor Hemmingsen reported on attending the Senior Officials workshop for emergency preparedness, attending a meeting with Supervisor McNamer at Social Services on foster care, attending a Harbor, City, and County staff meeting regarding the needs of the Harbor for improvements  that include dredging, inner boat basin repair, and wastewater treatments; attending a Crescent City port search and rescue meeting with the Coast Guard, City, Sheriff's Department, City police, Coast Guard auxiliary, and Cindy Hendersen regarding emergency oil spills and tsunamis; attending a Border Coast Regional airport meeting with discussion on new flights,  attending a meeting of Klamath Management Zone Fisheries Coalition, in which he was elected to be a member of the Board of Directors, regarding representation for the Pacific Fisheries Management Council meeting and the discussion of marine protected areas, attending the preliminary meeting for community benefits agreement and project labor agreements that were proposed to the School Board, attending agenda review, attending a meeting with Chris Howard from Elk Valley Rancheria regarding roads, attending a Pelican Bay Citizen's Advisory meeting and commented that they were mandated to take 10% in cuts in their labor force, attended a mixer at Sutter Coast, attending a Local Transportation Commission meeting regarding Last Chance grade and Caltrans' ideas to stay within the alignment of the road, attending a School Board meeting where the CBA and PLA amendments were rejected, and commented on the SB 885 meeting where he felt that Del Norte County was very well represented.

 

2.     10:20 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 Richard Miles and Donna Thompson.

3.     10:30 A.M. Accept a Proclamation recognizing Engineer's Week February 15th through 21st, 2009.

Action: Art Reeve, County Engineer thanked the Board for accepting the Proclamation on behalf of the Northcoast branch of the ASCE.

On a motion by Supervisor McClure and seconded by Supervisor Finigan, the Board accepted the Proclamation recognizing Engineer's Week February 15th through 21st, 2009.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:45 A.M. Hold a Public Hearing for the Appeal of the Denial of the William McDougall Use Permit for an Overheight Fence (UP0832) as requested by the Senior Planner.**

Action: Chair Hemmingsen recused himself from the Hearing due to a conflict of interest.

Supevisor McNamer asked County Counsel whether the hearing should be heard by the Board.  County Counsel stated that the Board no longer had jurisdiction to decide the matter at this point due to the fact that it was not heard and decided in sixty days, therefore it was his recommendation that the Board not hold the hearing.

The Board then moved to the issue of the Encroachment permit.

Heidi Kunstal, Senior Planner, gave a brief overview of the item and stated that the recommendation of the Planning Commission was to not to issue the encroachment permit and have the fence removed from the County Right of Way.

William McDougall was sworn in by the Clerk and gave testimony regarding the item and asked that the encroachment permit be awarded.

Richard Smith of the Harland Law Firm gave a presentation on the arguments of the issue of the encroachment permit.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer the Board denied the application of the encroachment permit.

.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

Vote Yea:       4              David Finigan, Leslie McNamer, Martha McClure, Michael Sullivan    

Vote Nay:       0              None

Vote Abstain: 0              None

5.     11:00 A.M.Review the attached cost report for the abatement of a public nuisance at 202 Pike Street, Crescent City CA., make modifications if deemed appropriate by the Board, and adopt a resolution confirming the accounting and authorizing the enforcement officer to file a lien against the property for the recovery of the abatement costs. The proposed lien amount is $7,752.95

Action: Code Enforcement Officer Dave Mason was sworn in by the Clerk and presented testimony on the item.  Vicki Frazier fielded questions from the Board pertaining to the additional fee of releasing the lien and whether it should be included in the proposed lien amount.

On motion by Supervisor McNamer and seconded by Supervisor Finigan the Board reviewed the attached cost report for the abatement of a public nuisance at 202 Pike Street, Crescent City CA. and adopted a resolution confirming the accounting and authorizing the enforcement officer to file a lien against the property for the recovery of the abatement costs for the proposed lien amount of $7,752.95.

 

Motion:    Move to approve

Move:       Leslie McNamer, David Finigan

Second:    None

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

6.     11:15 Conduct a public hearing on the Master Fee Ordinance.  Waive full reading, read by title only and introduce the Master Fee Ordinance as requested by the County Administrative Officer.**

Action: Due to corrections needed in the areas of the County Election Fees and Parks Fees, the Ordinance was moved to the next meeting where it will be presented again as a First Reading.

Public comment was heard from Richard Miles with reference to adding a a fee rate for the skateboard park.

CONSENT AGENDA

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

Action: Supervisor Sullivan abstained from Items 21 and 23 for conflict of interest.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items 7-24) unanimously.

 

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.     Approve the Minutes from the Joint City/County meeting for January 26, 2009.**

Action: Approved

8.     Approve and adopt the consolidated Memorandum of Understanding with the Del Norte County Sheriff's Employees Association effective March 1, 2009.

Action: Approved  DNCO Agreement 2009-013

9.     Approve and authorize the Probation Department to finance award plaques for employee to be presented at the 15th annual LEADN awards.**

Action: Approved

10. Approve and authorize the Chair to sign the attached Bar-O Ranch Placement Agreements with Humboldt County as requested by the Director of Bar-O Ranch.**

Action: Approved DNCO AGR 2009-014

11. Approve and authorize the Chair to sign the attached Bar-O Ranch Placement Agreements with Tehama County as requested by the Director.**

Action: Approved DNCO Agreement 2009-015

12. Approve the reappointment of Chris Howard and Douglas Wakefield to the Local Transportation Commission Board.**

Action: Approved

13. Approve a Resolution authorizing the County Agricultural Commissioner to sign an agreement with the California Department of Food Agriculture for an Insect Pest Detection Trapping Agreement as requested by the Agricultural Commissioner.**

Action: Approved DNCO Resolution 2009-003

14. Approve and authorize the Chair to sign the Agreement with Barton and Associates, Inc. for adult and child/adolescent psychiatric services for the period of February 17, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2009-017

15. Approve and authorize the Chair to sign the attached Resolution authorizing the Del Norte County Children's Services Coordination Council be reorganized for the establishment of an independent organization, namely the Child Abuse Prevention Coordinating Council, that is focused exclusively on the prevention of child abuse as requested by the Director of Health and Human Services.**

Action: Approved DNCO Resolution 2009-004

16. Authorize the Department of Health and Human Services' Director, Gary Blatnick or his designee to accept the Initial Allocation for the State Fiscal Year 2008-2009 of the mental health portion of the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) Block Grant for the provision of local mental health services as requested by the Director of Health and Human Services.**

17. Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. to provide Transitional Housing Placement Program (THPP) services to designated dependents and wards of Del Norte County, for the period of February 17, 2009 to June 30, 2009, not to exceed $2,747.50 per month per designated minors as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2009-019

18. Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. to provide Transitional Housing Program-Plus services to designated youth in Del Norte County for the period of February 17, 2009 to June 20, 2009, not to exceed $3,597.00 per month per youth as requested by the Director of Health and Human Services.

Action: Approved DNCO Agreement 2009-021

19. Approve and authorize the Chair to sign the First Amendment to Multi-Year Contract for Fiscal Years 2007-08 through 2009-10, Department of Alcohol and Drug Programs- NNA Contract, and authorize the Director, Department of Health and Human Services (DHHS) to sign any associated or required documents as they relate to this Agreement as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2009-020

20. Approve and authorize the Chair to sign the attached Agreement with Jose F. Espaillat, M.D. for the provision of psychiatric services from March 15, 2009 to June 30, 2010, not to exceed $86,000.00 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2009-022

21. Approve and authorize the Chair to sign a Memorandum of Understanding with Elk Valley Rancheria for Public Routes within and leading to the Elk Valley Rancheria as requested by the County Engineer.**

Action: Supervisor Sulllivan recused himself from this item for a conflict of interest.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved and authorized the Chair to sign a Memorandum of Understanding with Elk Valley Rancheria for Public Routes within and leading to the Elk Valley Rancheria.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Authorize the Chair to sign a letter of support for the appointment of Pete Leipzig to the Pacific Fisheries Management Council as requested by Supervisor Hemmingsen.**

Action: Approved

23. Approve the Amendment to contract #2008-089 for Parker Construction regarding Recreation Gymnasium Construction as requested by the Assistant County Administrative Officer.**

Action: Supervisor Sullivan recused himself from this item for a conflict of interest.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved the Amendment to contract #2008-089 for Parker Construction regarding Recreation Gymnasium Construction. DNCO Agreement 2009-024

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

24. Approve the amended agreement Between the County of Del Norte and Dr. David M. Mandel for Psychological Examination Services.**

Action: Approved DNCO Agreement 2009-023

REGULAR ITEMS

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM

25. Approve a Budget transfer (01-03) in the amount of $800.00 within the 101-231 Sheriff Patrol budget to allow seized funds to be returned to the identified owners in theft cases as requested by the Sheriff-Coroner.**

Action: Approved

26. Approve a Budget Transfer (01-04) in the amount of $18,375.00 within the budgets of Grants and Administration as requested by the County Administrative Officer.**

Action: Approved

27. Approve a Budget Transfer (02-01) request in the amount of $160,328.00 within the Office of Emergency Services budget as requested by the County Administrative Officer.**

Action: Approved

28. Approve a Budget Transfer (02-02) in the amount of $50,000.00 within the Sheriff Department Budget for purchase of equipment as requested by the Sheriff-Coroner.**

Action: Approved

29. Approve Budget Transfer (02-03) and authorize the Sheriff to increase his Insurance Recovery line by $3599.00 and also his minor expense line by $3599.00 as requested by the Sheriff-Cornoner.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

30. 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: No legislative issues were discussed in this item.

31. Approve and authorize the Chair to sign letters to our Federal Legislators requesting federal appropriations for specific local projects in the 2010 federal Fiscal Year Budget and direct staff to file the necessary federal appropriation request forms as requested by the County Administrative Officer.**

Action: Jeannine Galatioto presented this item and requested pemission to fill out the necessary requests.  She commented that the stimulus package is awaiting completion due to the state.  She also stated that she met with Liz Murgia regarding appropriation for wastewater and dredging and will later meet with Congressman Thompson on Friday with Supervisor Hemmingsen and the City.

No public comment was heard.

32. Discuss and take possible action regarding the impacts of the state budget crisis and federal stimulus on County operations.

Action: Supervisor Finigan stated that he knows that the budget will hurt everyone and stated that as of yet, the budget has not been voted on.  He also commented that the County of San Diego and Sacramento are suing the Controller for not issuing warrants and checks and that other communities are speaking of withholding state payments since the state is withholding county payments. Supervisor Hemmingsen state that everyone needs to start thinking about looking at emergency preparedness among other things.  Supervisor Finigan added that there was a question posed of money possibly taken from the Sheriff and we need to address this issue in advance.

Jeannine Galatioto stated she has sent out a directive to list all state revenues in order to outline which ones are traditionally late that we front the state, how long the delay will be, and how this will impact us.  She stated that there may be another meeting regarding the emergency fiscal issue but that we can predict that we will be worse off than we are this year.  Revenues are declining. Jeannine commented on her concern for certain grant programs and will have recommendations on those items.  She and Supervisor McNamer will be meeting with non-profit organizations to try and partner and pool resources.  Supervisor Sullivan stated that this would be a good chance to take a look at state-mandated programs that do not provide funding from the state.

Supervisor McClure posed the question of whether there should be a budget meeting held on February 24th and Jeannine stated that the first week in March would be a more ideal date.

Public Comment was heard from Jamie Yarborough.

33. Ratify the previous action of the Chair to create an Ad-Hoc committee to to study the justification of Solid Waste Management Authority.

Action: Public Comment was heard from John Phillips regarding his concerns about where the money is going and why so many members exist on the Board.  Donna Thompson commented regarding the Ad-Hoc committee and asked where the transparency was when it was decided to be formed.  Public comment was also heard from Richard Miles and Eileen Cooper.

Supervisor Finigan stated that the Ad-Hoc committee is at the discretion of the Chair.  Supervisor McNamer stated that she would not be in favor of a dissolution of Solid Waste unless there was an alternate plan. Supervisor McClure commented that she did not have an objection to the formation of the Ad-Hoc committee but was concerned that it had not been agendized.  Supervisor Sullivan stated that the committee was formed to provide clarification and that some of the members of the committee included a City Council member, member of city staff, a member of Community Development, the Auditor, a member of Administration, and County Counsel.

 

CAPITAL PROJECTS:

34. A Written Capital Project Update is given. Informational Only.

Action: Jay Sarina spoke about projects in different stages and commented on the Board's approval of the entryway improvements and that they were just waiting for the state in order for inspection.  He also commented that other areas of improvement were ADA access to the bathrooms and viewing areas for those who were in wheelchairs.  Some other projects were pending due to the wait for release of funds from the state budget.

ADJOURNMENT

Action: The meeting adjourned to Closed Session at 11:57 A. M.

The meeting adjourned at 12:23 P.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 3, 2009

 

 

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