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, July 21, 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), David L. Elsebusch v. Del Norte, DN Superior Court, Case No. CVCV06-2313; 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; 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; 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.

·        The Pledge of Allegiance to the Flag led by Debbie Mayhue

Action: Debbie Mayhue, Director of Child Support Services 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: 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.

Action: No deletions, additions, or corrections, were requested.

SCHEDULED ITEMS:

1.     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 participating in action summary, and acting as a judge in the Tamale Festival.

Supervisor McNamer reported on attending and IGRC meeting with Jeannine Galatioto, County Administrative Officer, attending a Workforce Investment Board, and meeting with Cynde Brande from the Senior Center

Supervisor McClure reported on participating in the second committee meeting of the California Endowment, traveled to Dead Lake and commented on the clean up job and how well it was done and encouraged others to visit.

Supervisor Finigan reported on attending a RCRC Executive Board meeting regarding legislative issues such as the Public Works Bill, attending a Proactive Financial Management meeting, and traveled to a  Local Government Reform Summit Conference with Supervisor Hemmingsen and Jeannine Galatioto in Sacramento.

Supervisor Hemmingsen reported on participating in agenda review, meeting with Maggie Ostdahl from Environmental Defense regarding the direction of the fishing industry, meeting with Joe Lapthorne from CHP regarding combined use, participating in a teleconference with Greg Burns regarding HurdyGurdy and Smith River Alliance, and attending the Governmental Summit in Sacramento.

 

2.     10:03 A.M. Approve and adopt a Resolution in support of Child Support Awareness month in August 2009 and authorize the department to hang a banner on the outside of the office and receive a presentation from Debbie Mayhue, Director of Child Support Services.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved and adopted a Resolution in support of Child Support Awareness month in August 2009 and authorized the department to hang a banner on the outside of the office and received a presentation from Debbie Mayhue, Director of Child Support Service.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

3.     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 given

4.     10:30 A.M. Presentation regarding cash flow and IOUs.

Action: Jeannine Galatioto, County Administrative Officer presented this item.

She requested the following recommendation to the Board.

(1) Direct the County Treasurer to cash for deposit, state Registered Warrants issued as IOU's(2) Request that the District Attorney suspend prosecution of Pelican Bay State inmate cases until the State appropriates additional funding for fiscal year 08-09 (3) Direct departments to hold off on initiating all major contracted capital or road projects until the State ceases issuing IOU's(4) Direct departments to cease purchasing non-essential services and supplies.  Exceptions require Administration's approval(5) Suspend hiring in all departments until the State ceases issuing IOU's.

Public Comment was given by Lathe Gill.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board (1) Directed the County Treasurer to cash for deposit, state Registered Warrants issued as IOU's(2) Requested that the District Attorney suspend prosecution of Pelican Bay State inmate cases until the State appropriates additional funding for fiscal year 08-09, with the addition of investigating stopping payment to the Public Defenders.(3) Directed departments to hold off on initiating all major contracted capital or road projects until the State ceases issuing IOU's(4) Directed departments to cease purchasing non-essential services and supplies.  Exceptions require Administration's approval(5) Suspended hiring in all departments until the State ceases issuing IOU's.

with the addition of(6) Research the selling of IOU's(7) Investigate higher yields on investments.

 

CONSENT AGENDA

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

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 5-19).

 

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

5.     Approve the Minutes from the June 23, 2009 Board of Supervisor's meeting.**

Action: Approved

6.     Approve the Minutes from the June 30, 2009 Board of Supervisor's Special Session meeting.**

Action: Approved

7.     Approve and adopt the Resolution and authorize Dawn Langston, Treasurer/Tax Collector, to execute the Agreement with the Franchise Tax Board to collect certain delinquent accounts through the Court-Ordered Debt Program as requested by the Treasurer-Tax Collector-County Collector.**

Action: Approved (DNCO Resolution 2009-046) (DNCO Agreement 2009-118)

8.     Approve the participating Agreement with GC Services Limited Partnership and authorize Dawn Langston, Treasurer/Tax Collector, to sign the Agreement for County Collection Services.**

Action: Approved (DNCO 2009-122)

9.     Approve and authorize the Chair of the Board of Supervisors to sign the following agreements with Linda Cairns, Lead Parent Partner; Valerie Wenning, Parent Partner; and Heather Langston, Mentor; as requested by the Interim Chief Probation Officer.**

Action: Approved (DNCO Agreements 2009-119, 2009-120, 2009-121)

10. Approve and adopt the attached Resolution authorizing the Chief Probation Officer to execute all necessary documents associated with Del Norte County's Anger Management and Youth Violence Prevention Training and Technical Assistance Project as requested by the Interim Chief Probation Officer.**

Action: Approved (DNCO Resolution 2009-047)

11. Approve and authorize the Chair to sign the Agreement with Del Norte Family Resource Center to lease office space at the Family Resource Center from July 1, 2009 through June 30, 2010, not to exceed $2,177 per month as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-123)

12. Approve and authorize the Chair to sign the Agreement with James P. McCubbrey for Tobacco Use Prevention Program (TUPP) Evaluation Services from July 1, 2009 through June 20, 2010, not to exceed $14,460.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-124)

13. Approve and authorize the Chair to sign the Agreement with Sandra Morrison, dba as Humboldt Addictions Services Program (HASP) for drinking driver treatment program services from July 1, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-125)

14. Approve and authorize the Chair to sign the Agreement with Sandra Morrison dba as Jordan Recovery Center residential substance abuse services from July 1, 2009 through June 2010 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-126)

15. Approve and authorize the Chair to sign the Agreement with Sandra Morrison to provide clean and sober residential services from July 1, 2009 through June 30, 2010, not to exceed $10,500.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-127)

16. Approve and authorize the Chair to sign the Agreement with Sandra Morrisson dba Trillium House for alcohol and other drug abuse residential services from July 1, 2009 through June 30, 2010, not to exceed $6030.00 as requested by the Director of Health and Human Services.**

Action: Approved (DNCO Agreement 2009-128)

17. Approve and authorize the temporary closure of 1st Street in Smith River, from Fred Haight Drive to Beckstead Avenue, from 6:00 A.M. to 6:00 P.M., on August 22, 2009 and (2) grant permission to temporarily park the Del Norte County Fairgrounds Stage along the eastside of first Street from August 21st to August 23rd as requested by the County Engineer.**

Action: Approved

18. Approve and adopt the Resolution authorizing the County Engineer to execute a grant agreement with the California Office of Traffic Safety (OTS) for an Automated GIS-based Traffic Collision Database as requested by the County Engineer.**

Action: Approved (DNCO Resolution 2009-048)

19. Approve the change order in the amount of $59,580.00 to pay for additional work done on the Pebble Beach Drive Slope Stabilization Project as requested by the County Engineer.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Approve the Engineering and Traffic Survey results on Elk Valley Road from Howland Hill Road to U.S. Highway 101 and retain the speed limit of 45 miles per hour (MPH) from Howland Hill Road to Iowa Street and 35 miles per hour (MPH) from Iowa Street to U.S. Highway 101 as requested by the County Engineer.**

Action: Art Reeve, County Engineer presented this item. 

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved the Engineering and Traffic Survey results on Elk Valley Road from Howland Hill Road to U.S. Highway 101 and retained the speed limit of 45 miles per hour (MPH) from Howland Hill Road to Iowa Street and 35 miles per hour (MPH) from Iowa Street to U.S. Highway 101.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

21. Consider and approve Phase 2 of the Airport Security/Deer Fence project utilizing Point Saint George property and authorize the Chair to sign a letter of support for a Coastal Commission, Coastal Development Permit for this high priority public-safety project as requested by the Airport Director.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board considered and approved Phase 2 of the Airport Security/Deer Fence project utilizing Point Saint George property and authorized the Chair to sign a letter of support for a Coastal Commission, Coastal Development Permit for this high priority public-safety project.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    David Finigan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

22. Consider and discuss the timing of going out to bid on Caltrans grant projects for Ward and McBeth Fields and take action as necessary as requested by the Airport Director.**

Action: The Board discussed the timing of going out to bid on Caltrans grant projects for Ward and McBeth Fields and took no action.

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved Budget Transfers (06-10), (06-13), and (06-15).

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

23. Approve a Budget Transfer (06-10) in the amount of $30,000.00 within the Department of Health and Human Services.**

Action: Approved

24. Approve a Budget Transfer (06-13) in the amount of $42,170.00 within the department of the District Attorney as requested by the Assistant District Attorney.**

Action: Approved

25. Approve a Budget Transfer (06-15) in the amount of $60,334.00 within the Probation Department as requested by the Chief Probation Officer.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

26. 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: Gary Blatnick, Director of Health and Human Services reported out on the Endowment meeting in Los Angeles.  Dale Miller from Elk Valley Rancheria, Hilda Contreras from the Community Health Center, Kevin Hartwick from the Business Community, and Jan Moorehouse from the School District also attended the meeting. Gary commented that the grant will be extended over a 10 year period. He also stressed that community involvement is going to be extremely important. He also spoke about the impacts of proposed cuts on programs.

 

 

27. Approve and authorize the Chair to sign the attached letter to the Director of the Humboldt County Public Works Department in support of the Bald Hills Road Improvement Project.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved and authorized the Chair to sign the attached letter to the Director of the Humboldt County Public Works Department in support of the Bald Hills Road Improvement Project.

 

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

CAPITAL PROJECTS:

28. A Written Capital Projects Update. Information Only.**

Action: Jay Sarina, Assistant County Administrative Officer gave a brief Capital Projects update.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  July 24, 2009

 

 

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