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, August 25, 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; 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; 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 Supervisor Finigan.

Action: Supervisor Finigan 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 Finigan reported on attending a Coastal Commission workshop, attending the retirement party for Al Smith, went to RCRC regarding the following topics:  elimination of the Waste Board, HUTA, SB 1XXX, budget impacts for local jails and Health and Human Services, budget forecast, public pensions, and upcoming changes at the state level.  He also reported on attending a meeting with the Wildfire Task Force, meeting with the Sierra Club, attending Smith River Days, and attending a CASA meeting.

Supervisor McClure reported on attending a Solid Waste Management Authority meeting, attending a Solid Waste Task Force meeting, attending a California Endowment meeting regarding sustainability, speaking with the Ken Wiseman Director of the Resource Agency in charge of the MLPA's, meeting with Clarke Moore, Dr. Davis and Gina Zottola regarding local hospitals hiring doctors, commented on a road improvement project on Hemlock, reminded the Board that the Coastal Commission is meeting in Humboldt in September, and commented that she has been canning.

Supervisor McNamer reported on attending a Del Norte Solid Waste meeting in Sacramento, commented on four other committee meetings that were canceled, and apologized for missing Al's Smith's retirement party.

Supervisor Sullivan reported on attending an IGRC meeting, participating in Action Summary, meeting with constituents regarding parcel development, participating in the  Elk Valley Rancheria golf tournament, attending Al Smith's retirement, meeting with Cal-Trans regarding status of projects on 199 and 197 as well as Klamath Bridge, Panther Creek Bridge, Dr. Fine Bridge, and a transportation enhancement project grant; meeting with Supervisor Hemmingsen and staff regarding Cal-Fire, commented on the new Good Harvest restaurant, and commented on the junior golf clinic.

Supervisor Hemmingsen attended the Cal-Trans mural dedication, attending a 2x2 with the National Parks and Supervisor Sullivan, meeting with Grant Werschkull from Smith River Alliance regarding Hurdy Gurdy, attending a 2x2 meeting with Elk Valley Rancheria, meeting with Community Development and FEMA regarding lower Smith FEMA mapping, commented on issues with the Klamath Levy, meeting with Gary Stacey from Fish and Game regarding the airport terminal among other issues, meeting the new RC&D director, participating in agenda review, attending the memorial service for Anthony Nunes and commented that he will be missed, and meeting with staff and Supervisor Sullivan regarding Cal-Fire.

 

2.     10:15 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.

3.     11:00 A.M. Presentation by Steve Strawn, the Humboldt County Treasurer/Tax Collector, on behalf of the California Association of County Treasurers & Tax Collectors regarding the presentation of the new president to the Board.

Action: Steve Strawn introduced Dawn Langston as the new President of the California Association of County Treasurers & Tax Collectors.

CONSENT AGENDA

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

Action: Public Comment was given by Richard Miles on Item #17.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 4 through 19).

4.     Approve the Minutes from the July 14, 2009 Board of Supervisors Meeting.**

Action: Approved

5.     Approve a RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF DEL NORTE STATE OF CALIFORNIA HONORING AL SMITH, RETIRING DIRECTOR OF BAR-O BOYS RANCH as requested by the County Administrative Officer.**

Action: Approved

6.     Approve and authorize the Chair to sign the Agreement with Remi Vista, Inc. for children's mental health services to Medi-Cal eligible children, youth, and their families from July 1, 2009 through June 30, 2010, not to exceed $1.650,000.00 as requested by the Director of Health and Human Services.**

Action: Approved

7.     Approve and authorize the Chair to sign the Agreement with St. Helena Hospital in St. Helena, CA for Psychiatric Inpatient Hospital Services for the period July 1, 2009 through June 30, 2010, not to exceed $10,000.00 as requested by the Director of Health and Human Services.**

Action: Approved

8.     Approve and authorize the Chair to sign the Agreement with St. Helena Hospital Center for Behavioral Health in Vallejo, CA for Psychiatric Inpatient Hospital Services from July 1, 2009 through June 30, 2010, not to exceed $3,000.00

Action: Approved

9.     Approve and authorize the Chair to sign the Agreement with the Community Assistance Network (CAN) to provide Child Welfare System Outcome Improvement Project Differential Response services from July 1, 2009 to June 30, 2010, not to exceed $218,250.00 as requested by the Director of Health and Human Services.**

Action: Approved

10. Approve and authorize the Chair to sign the Agreement #CW-2009-06 with the University of California, Davis (UC Davis) for training from July 1, 2009 through June 30, 2010 , not to exceed $38,640.00 as requested by the Director of Health and Human Services.**

Action: Approved

11. Approve and authorize the Chair to the Agreement #EW-2009-06 with the University of California, Davis (UC Davis) for training from July 1, 2009 through June 30, 2010, not to exceed $18,768.00 as requested by the Director of Health and Human Services.**

Action: Approved

12. Approve and authorize the Chair to sign Agreement #S-2009-06 with the University of California, Davis (UC Davis) for training from July 1, 2009 through June 30, 2010, not to exceed $6256.00 as requested by the Director of Health and Human Services.**

Action: Approved

13. Approve and authorize the Chair to sign the Agreement for Adult Residential Services with Willow Glen Care Center, Yuba City, CA for the period of July 1, 2009 to June 30, 2010, not to exceed $50,000.00 as requested by the Director of Health and Human Services.**

Action: Approved

14. Approve the Resolution authorizing the County Agricultural Commissioner to sign an agreement with the California Department of Food and Agriculture for Nursery Inspections as requested by the Agricultural Commissioner.**

Action: Approved

15. Approve and authorize the Sheriff to sign a three (3) year contract with SECURUS (Formerly EVERCOM) for the inmate telephone system as requested by the Sheriff-Coroner.

Action: Approved

16. Approve and authorize the Sheriff to enter into an agreement with the City of Crescent City to provide dispatch services for the Crescent City Police Department as requested by the Sheriff-Coroner.**

Action: Approved

17. Approve and adopt the Resolution No 09-090, a Resolution adopting California Penal Code Section 599d and California Food and Agriculture Code Section 17005, the State Policy on Euthanasia, by reference, making it become Del Norte County Policy; and directing Del Norte County Animal Control to preserve public health and safety and ensure fiscal responsibility when seeking consultation and making final decisions regarding the adoptability and treatability of any animal considered for euthanasia as requested by the Agricultural Commissioner.**

Action: Approved

18. Approve a Change Order(s) for the G Street Asbestos Abatement Project in the amount of Eighteen Thousand Five Hundred Thirty Dollars ($18,530) for additional expenses related to an increase in abatement quantities related to Asbestos Containing Construction Materials and construction materials with lead based paint as requested by the Assistant County Administrative Officer.**

Action: Approved

19. Approve the contract with James Holmes M.D. and Howard Croy P.A. for medical services at the Jail, Juvenile Hall, and Bar-O-Ranch as requested by the County Administrative Officer.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

20. Schedule Final Budget Hearings commencing September 8, 2009 through September 22, 2009 as requested by the County Administrative Officer.**

Action: On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board scheduled Final Budget Hearings commencing September 8, 2009 through September 22, 2009.

 

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

21. Hold a discussion to determine if Pacific Avenue speed limit should be left as is, or introduce an Ordinance to reduce the speed limit on Pacific Avenue from H Street to Pebble Beach Drive from 35 miles per hour to 25 miles per hour as requested by the County Engineer.**

Action: Art Reeve, County Engineer, gave an overview of the item. He stated that the conclusions that were submitted with his Board Report were in error due to the fact that he had not consulted with County Counsel. He further commented that the recommendation from County Counsel was to have a full-fledged traffic study before the speed is lowered. The Board raised questions regarding the preliminary study as well as other options to deal with the issue of the speed on Pacific Avenue.  After discussion, the Board directed staff to propose the idea of placing a 4-way stop at El Dorado and Pacific to the City and to bring the item back to the Board.

Public Comment was given by Leslie Hinkley, Richard Miles, and Ken Hinkley.

22. Accept the attached application from the Bar-O Boys Ranch for Title III funding in the amount of $43,380.00 under P.L. 106-393 and direct the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review and comment as requested by the Director of Community Development.**

Action: On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board accepted the attached application from the Bar-O Boys Ranch for Title III funding in the amount of $43,380.00 under P.L. 106-393 and directed the Clerk of the Board to publish a description of the proposed project in the local newspaper and to forward the proposed project to the Forest Service Representative of the Resource Advisory Committee for their review and comment.

 

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

23. Adopt and forward to the listed offices the attached Resolution for Secure Rural Schools and Community Self-Determination Act of 2000 Forest Receipts Determinations 2009 which determines the distribution of the County share of the payment to the State as requested by the Director of Community Development.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board adopted and forwarded to the listed offices the attached Resolution for Secure Rural Schools and Community Self-Determination Act of 2000 Forest Receipts Determinations 2009 which determines the distribution of the County share of the payment to the State.

 

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

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 (06-28, 06-29, 08-03) Items #24 through #26.

 

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

24. Approve a Budget Transfer (06-28) in the amount of $4,386.00 within the Sheriff's Department for Boating Safety as requested by the Sheriff-Coroner.**

Action: Approved

25. Approve a Budget Transfer (06-29) in the amount of $7,124.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**

Action: Approved

26. Approve a Budget Transfer (08-03) in the amount of $5,100.00 within the Department of Information Technology as requested by the Director of Information Technology.**

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

27. 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. Approve and authorize the Chair to sign a letter of support for Redwood Telephone for Broadband Services.

Action: Supervisor Finigan commented on AB 1409, AB 155, and AB 670 (recently signed).

CAPITAL PROJECTS:

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

Action: Jay Sarina, Assistant County Administrative Officer, gave a brief update on Capital Projects stating that the Roy Rook Boat Launch Repair Project is officially completed and the Ruby Van Deventer septic system project is out to bid.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  August 28, 2009

 

 

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