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, March 10, 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 and Gerry Hemmingsen

                  

Absent:       David Finigan

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 10:00 A.M.

·        The Pledge of Allegiance to the Flag led by Supervisor McClure

Action: Supervisor McClure led the Pledge of Allegiance.

·        Presentation by Angelina Bieber regarding hiring, building, and succeeding locally

Action: Angelina Bieber gave a presentation regarding the following areas in reference to the proposed Local Workforce Policy:  the local economic situation, unemployment rate, government funding, the Board of Supervisors authority, County Authority Utilizing California Public Contract Code.  She presented 3 different aspects of the Work Force Declaration Policy.

Supervisor Sullivan commented on the preference for local employment vs outside contracting.

Supervisor McClure requested that the handouts for the presentation be given to County Counsel to review and directed staff to work with the School, City, and Harbor to create something uniform throughout the county.  She also asked of the definition of "locally" to which it was answered that it will be under discussion.

·        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 stated 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.

SCHEDULED ITEMS:

1.     10:10 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 McClure reported on attending a Juvenile Justice Commission meeting regarding their annual report and the issue of teen court, traveling to Eureka to attend an annual fundraiser for Mike Thompson, meeting with Supervisor Jimmy Smith regarding Marine protected areas, attending a meeting with Supervisor Sullivan, Jay Sarina, Ernie Perry, Neal Lopez, and Dohn Henion on the Ad-hoc Committee regarding Solid Waste, meeting with the manager of the Nor-Cal corporate offices and the Vice President in charge of our region, attending a meeting with a member of the Ad-Hoc committee for Solid Waste that focuses on Pelican Bay prison, participated in the CDBG allocation public hearing and hopes that the city steps up and holds their public hearings so all CDBG money that is available is applied for, met with constituents regarding a county abandonment of right-a-way, participated in the Kitchen Literacy Project, commented on two farms that are offering CPS in which you buy into the farm and receive food from the crop, commented that the Historical Society will see a fall release of the Ruby Van Deventer book and commented on the reprinting of Dark Disaster, commented on listening and thinking about the geo-tourism project that will be mapping the 5 coastal counties and commented that there will be room for personal testimonials in order to promote and encouraged all to write about our place and promoting certain areas, commented on completing a review of the Tolowa guide map which will be introduced, and attending a Redwood Coast Transit meeting.

Supervisor McNamer reported on attending a Del Norte Senior Center meeting, attending a 2x2 meeting with the Yurok Tribe, attending a weakening economy meeting with Jeannine and other non-profit agencies, commented on the need for helping the children during their summer vacation (i.e. Sacks of Snacks), attending a CMSP monthly meeting in Sacramento, met with Grant Wershkull regarding the Hurdy-Gurdy acquisition and stated the need for mitigation, access, and management, attending a few of her granddaughter's basketball games, commended John Horner on his work with the Recreation Department, met with Rich Enea, Rosalee Leaberry and Lance Madsen regarding the Boys and Girls Club and its future, sat on the  interview panel for the Queen and princesses for the Jaycee Tournament, attending a Revolving Loan committee meeting, attending a Future Facilities meeting regarding the ongoing discussion of the  Mental Health building, and meeting with Jeannine Galatioto, CAO, Ernie Perry, Director of Community Development, and Supervisor Sullivan regarding the Smith River Rancheria and potential MOU

Supervisor Sullivan reported on attending a Cal-Trans District 1 meeting with staff and Tamera Buchanan, Executive Director of the Local Transportation Commission regarding the EIRs for Highway 199 and 197, attending a presentation from the Zoll corporation regarding AutoPulse, attending a meeting with Supervisor McNamer and Community Development regarding the Smith River Rancheria, attending an emergency Local Transportation Commission and Transportation Advisory Committee meeting regarding upcoming projects and timelines, spoke to the Republican Women's group, attending a Grants Goals Committee regarding CDBG and stressed that it is essential that the City get their applications in, attending a Redwood Coast Transit meeting routes in which a consultant had studied the needs of the community and found that Gasquet and Hiouchi are underserved, attending a meeting with Supervisor Hemmingsen, Tyrone Kelley and MaryKay Vandiver regarding roads analysis and coordination as well as the  importance National Forest services be more involved, spoke to the Crescent City Women's Club, hosted a presentation by Jacqueline Debets with Humboldt Area Foundation regarding future job opportunities, attending the Chamber Board retreat at Rock Creek, attending his 7-year old son's basketball game and also commended John Horner on his efforts, attending the first meeting of the Solid Waste Ad-Hoc commission that was recently created and stressed that the city had been informed well in advance that they were to be at these meetings although Rod Butler, City Manager was in attendance, commented on appointing Paul Dillard is as the committee's member at-large, attending a North Deal Meeting regarding environmental groups the delay on Richardson's Grove, attending a Tri-Agency meeting regarding the stimulus package, attending a initial scoping public meeting in Hiouchi with Cal-Trans and the Local Transportation Committee regarding traffic studies, and attending the NRA dinner in Smith River and commented that we should still follow the No-Net loss Resolution.

Supervisor Hemmingsen reported on meeting with county staff, the Mayor, the Harbor Master, and Harbor Commissioner regarding the stimulus package, attending an RCD meeting where they have moved into the Smith River Community Center as a venue and commented on their funds being completely cut, traveled to Eureka to meet with Mike Thompson, with CAO Jeannine Galatioto, Mayor Shellong, City Manager Rod Butler, Harbor Master Richard Young, and Harbor Commissioner Ron Phillips regarding the budget, attending a LAFCO meeting with Supervisor McNamer in which they are continuing to finish the MSR's and commended George Williamson on his work, attending a meeting with Gary Blatnick regarding Mental Health issues, attending meeting regarding Pacific Shores, attending a Coordination meeting with Wildlife Conservation Board, Fish and Game,  and the Coastal Commission with regards to Pacific Shores property, attending the Hispanic mixer at Torero's, attending another meeting on Pacific Shores, participating in agenda review, commented that he gave blood last Tuesday, attending an  LTCo meeting with Supervisor Sullivan where a Resolution was passed with regards to funding, attending a JPA Border Coast Airport Authority meeting regarding a report on a proposed air schedule, attending a meeting with MaryKay Vandiver, Tyrone Kelley,  and Supervisor Sullivan on forest issues and a fuel reduction project and attending a Klamath Management Zone Fisheries meeting.

 

2.     10:25 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: No Public Comment was heard.

3.     10:30 A.M. Accept a Proclamation of the Board of Supervisors Proclaiming the week of March 22-28, 2009 as "Tsunami Preparedness Week" in Del Norte County.** ; and a Proclamation honoring the Young family for Glen's Bakery

Action: Supervisor McNamer presented the Proclamation for "Tsunami Preparedness Week" to Allen Winogradov and the Young family accepted their proclamation from Supervisor McClure.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       4              Michael Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

4.     10:35 A.M. Presentation by Frank Galea regarding statewide Fish and Game Advisory Commission

Action: Frank Galea spoke about the Coordination meeting he attended in Sacramento earlier in the month and asked that our Fish and Game Advisory Commission be able to join and participate in the statewide organization of the Advisory Fish and Game Commission.

5.     11:00 A.M. Presentation by Gary Strike, Federal Highway, regarding South Fork Road Project.**

Action: Gary Strike led the presentation and introduced his staff.  He stated that the schedule for the projects was that the project work would start on March 30, 2010 with it being done by September 2010.  He also stated that they would be implementing such techniques as vegetated fencing and "see through bridge" railing.  He fielded questions about the issue of delays and stated that they would be giving the public adequate time to prepare for such occurences.

CONSENT AGENDA

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

Action: Chair Hemmingsen requested that corrections be made to Item # 6 in regards to changing "collaboration" on page 3 to "coordination", and replacing the wording within #6 from "Approved the Appointment List of the Board of Supervisors Members to Committees, Organizations, and Agencies for 2008 as requested by Supervisor Finigan"  to "Approved the Appointment List of the Board of Supervisors Members to Committees, Organizations, and Agencies for 2009 as requested by Supervisor Hemmingsen".  Also he requested that item #12 in the March 10, 2009 agenda be corrected to include the work "sign".

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Consent Agenda, Items 6-24, unanimously.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       4              Michael Sullivan, Leslie McNamer, Martha McClure, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

6.     Approve the Minutes from the January 27, 2009 meeting of the Board of Supervisors.**

Action: Approved with corrections made

7.     Approve the Minutes from the February 17, 2009 meeting of the Board of Supervisors.**

Action: Approved

8.     Approve and adopt a Resolution designating signature authority to the named individuals for the purpose of executing applications and documents for obtaining financial assistance for the County of Del Norte as requested by the County Administrative Officer.**

Action: Approved

9.     Appoint Roderick McLeod as a member of the Fish and Game Advisory Commission as requested by Supervisor Sullivan.

Action: Appointed

10. Approve and Authorize the Chair to sign the agreement with Sutter Coast Hospital for Health Services provided by the hospital to juvenile detainees as requested by the County Administrative Officer.**

Action: Approved

11. Approve and adopt a Resolution Approving a Light Brown Apple Moth Trapping Agreement with the California Department of Food and Agriculture and Authorizing the Agricultural Commissioner to Sign the Agreement on Behalf of the County of Del Norte and authorize the County Agricultural Commissioner to sign an agreement with the California Department of Food and Agriculture for a Light Brown Apple Moth Trapping Agreement as requested by the Agricultural Commissioner.**

Action: Approved

12. Approve and authorize the Chair of the Board of Supervisors to sign the Agreement for Implementing, Training and Accessing Assessments.com Risk Needs Assessment Web Based Software as requested by the Chief Probation Officer.**

Action: Approved

13. Approve the first contract amended for SHN Consulting Engineers and Geologists, Inc. to provide permit and environmental services for the Klamath Town Site Boat launch repair project, and authorize the chair to sign the amendment as requested by the Assistant County Administrative Officer.**

Action: Approved

14. Approve and Authorize the Chair to sign the First Amendment to Agreement for design services relating to Fred Haight Drive between the County of Del Norte and Gray Sky Engineering as requested by the County Engineer.**

Action: Approved

15. Approve and authorize the starting amount in the Civil Office Cash Register to increase from $50 to $100 as requested by the Sheriff-Coroner.**

Action: Approved

16. Approve and Authorize the Chair to sign the Lease Agreement with Community Assistance Network effective March 10, 2009 to June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved

17. Approve and Authorize the Chair to sign the Agreement with The National Council on Crime and Delinquency for Structured Decision Making (SDM) services from March 1, 2009 to June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved

18. Approve and Authorize the Chair to sign Amendment 2 of the Memorandum of Understanding (MOU) between the California Statewide Automated Welfare System Consortium IV Joint Exercise of Powers Agreement (C-IV JPA) and the County of Del Norte as requested by the Director of Health and Human Services.**

Action: Approved

19. Authorize the Sheriff to enter into an agreement with Morgan Hill Medical Group for inmate medical services as requested by the Sheriff-Coroner.**

Action: Approved

20. Approve and authorize the Del Norte County Sheriff to fund award plaques to be presented to staff and volunteers of the Del Norte County Sheriff's Department during the 15th annual LEADN awards as requested by the Sheriff-Coroner.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

21. Reappoint Art Reeve, Clark Moore, and Lynne Mager to the Solid Waste Task Force and appoint 3 new members to fill the vacant positions.

Action: Public Comment was heard from Richard Miles.

Supervisor McClure made a motion to reappoint W. Arthur Reeve, Clarke Moore, and Lynne Mager to the Del Norte Solid Waste Task Force as well as appointing Ken Anderson, Brock Richards, and Wes White as new members to the Task Force.  The motion was seconded by Supervisor McNamer and carried unanimously.

 

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

Vote Yea:       4              Leslie McNamer, Michael Sullivan, Gerry Hemmingsen, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 0              None

22. Approve and Authorize the Chair to enter into CALTRANS grant contract, CAAP#DN-2-08-1 for perimeter fencing at Ward Field in Gasquet.  This grant project is not to exceed $150,300.00 and requires a 10% match by the County of $16,700.00.  In addition authorize the Airport Director to go out to bid for this project upon receipt of final Caltrans approval and verification of availability of funds as requested by the Director of the Airport.**

Action: On a moion by Supervisor McClure and seconded by Supervisor Sullivan the Board approved and authorized the Chair to enter into CALTRANS grant contract, CAAP#DN-2-08-1 for perimeter fencing at Ward Field in Gasquet.  This grant project is not to exceed $150,300.00 and requires a 10% match by the County of $15,030.00.  In addition authorize the Airport Director to go out to bid for this project upon receipt of final Caltrans approval and verification of availability of funds

The 10% match by the County had been changed from $16,700.00 to $15,030.00 due to an accounting error.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

Vote Yea:       4              Martha McClure, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

23. Approve and Authorize the Chair to sign CALTRANS grant contract CAAP#DN-3-08-1 for the amount of $101,050.00 to restripe Andy McBeth Field in Klamath.  This grant will require a 10% County match of $10,105.00.  In addition authorize the Airport Director to go out to bid for this project, upon receipt of Caltrans approval and verification of funds availability as requested by the Director of the Airport.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board approve and authorize the Chair to sign CALTRANS grant contract CAAP#DN-3-08-1 for the amount of $101,050.00 to restripe Andy McBeth Field in Klamath.  This grant will require a 10% County match of $10,105.00.  In addition authorized the Airport Director to go out to bid for this project, upon receipt of Caltrans approval and verification of funds availability.

 

During this item, Supervisor Hemmingsen requested that Art Reeve and Ernie Perry do a short presentation regarding the parks new main facility on Aubell Lane at a future Board meeting.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

Vote Yea:       4              Leslie McNamer, Michael Sullivan, Martha McClure, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

24. Direct County Administration to move forward with the following plan for the partial funding of Del Norte County's Other Post Employment Benefits (OPEB) liability: 1)Fund 100% of the current year Annual Required Contribution (ARC) $2,577,365.  2) Investigate further the possibility of combining funding efforts for the OPEB liability with like counties through Regional Council of Rural Counties.  3) Commit to funding at least 25% of the ARC in Fiscal year 2009-2010 which is approximately $600,000.  This would be accomplished (subject to negotiations) by an increase in the employer contribution from $7,000 to $8,000 annually per position; increasing dependent coverage cost for all covered individuals including Sheriff employee dependents, miscellaneous employee dependents and retiree dependents for those retirees with 15 or more years of service to 1.25% of the current miscellaneous dependant cost. Example: Increase 1 dependent from $79.35 bi-weekly to $99.19 as requested by the County Administrative Officer.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board directed County Administration to move forward with the following plan for the partial funding of Del Norte County's Other Post Employment Benefits (OPEB) liability: 1)Fund 100% of the current year Annual Required Contribution (ARC) $2,577,365.  2) Investigate further the possibility of combining funding efforts for the OPEB liability with like counties through Regional Council of Rural Counties.  3) Commit to funding at least 25% of the ARC in Fiscal year 2009-2010 which is approximately $600,000.  This would be accomplished (subject to negotiations) by an increase in the employer contribution from $7,000 to $8,000 annually per position; increasing dependent coverage cost for all covered individuals including Sheriff employee dependents, miscellaneous employee dependents and retiree dependents for those retirees with 15 or more years of service to 1.25% of the current miscellaneous dependant cost. Example: Increase 1 dependent from $79.35 bi-weekly to $99.19 biweekly and also, to possibly investigate further options.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       4              Michael Sullivan, Martha McClure, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       0              None

Vote Abstain: 0              None

LEGISLATIVE AND BUDGET ISSUES:

25. 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: County Administrative Officer, Jeannine Galatioto stated that she and staff are woking with non-profit organizations later in the day to put together a stimulus package.  Also she stated that she would also be meeting with Bill Renfroe to put a package together to be ready by the end of the week.  She commented that the state stimulus funds are $2 billion short and is predicting that it might impact health programs the most.

26. Discuss and take possible action regarding the budget.

Action: No action was taken.

CAPITAL PROJECTS:

27. A Written Capital Project Update is given. Informational Only.**

Action: Assistant County Administrative Officer Jay Sarina spoke about different capital projects as well as damage to the ball fields due to the storms of the past weeks.  He also commented that the Roy Rook pre-bid was scheduled for the next day and that the G street property is being worked on.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  March 13, 2009

 

 

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