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, November 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, 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 # 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.

Action: The Chair called the meeting to order at 10:00 A.M. and the Clerk took silent roll noting that all were present.

·        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: 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: The Chair requested that an item be added to the agenda.  This item is as follows: Issue an order to authorize Alissia Northrup as the current Acting County Clerk-Recorder, Registrar of Voters and Public Administrator, the authority to sign an agreement with the Secretary of State's Office.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board added this item to the agenda as an urgency item subsequent to the posting of the agenda.

Motion: Move to Approve

Move: David Finigan

Second: Mike Sullivan

Supervisors      5         Martha McClure, David Finigan, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen

On a motion by Supervisor McNamer and seconded by Supervisor Sullivan, the Board directed the Clerk of the Board to issue a Board Order authorizing Alissia Northrup as the current Acting County Clerk-Recorder, Registrar of Voters and Public Administrator.

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

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 attending a North DEAL Meeting, attending a Tri-Agency meeting, attending an action summary, attending the MLPA meeting, taking his son trick-or-treating, attending the City Council meeting regarding funding for the Tourism Bureau, attending an RCTA meeting regarding transit and commented on the upcoming new route between Crescent City and Klamath, working with other parents to clean up the Mary Peacock garden, commented on an upcoming Solid Wasted Ad-Hoc committee meeting which will be a closed meeting where the Executive Director to the Solid Waste Management Authority will be interviewed, and made comments regarding the duck hunting issue at Tolowa Dunes between the Fish and Game Department and State Parks.

Supervisor McNamer reported on attending her first annual CALAFCO conference, expressed thanks to Cindy Henderson and Ed Fulton for getting the sanitary wipes in the visiting room in the jail, asked for a moment of silence for a death of a family member of a Road Department employee

Supervisor McClure reported on participating in the MLPA meeting, attending a meeting at Solid Waste regarding reviewing service standards for the next Franchise Agreement , attending a Juvenile Justice Commission meeting, attending an RCTA meeting, attending a meeting on Sunday with the Redwoods Parks Association in Orick, attending a  Historical Society meeting regarding the need for funding to fix the leaking tower at the lighthouse, commented on Point St. George fence project, as well as the fencing at the Juvenile hall and commented that both projects are doing well, and commented that she was impressed that Gasquet Fire department donated a fire truck to Bar-O Boys ranch.

Supervisor Finigan reported on attending a Safe and Healthy Family Goals Committee meeting and commented that they are meeting quarterly now, not monthly. The meeting was to reiterate what their goals were which were the following: CASE,  the Endowment process, and finding families for children in foster care. He also reported on attending an Endowment meeting at the Wellness center, attending a Tri-Agency meeting regarding goals and directions, participating in  phone conference calls with the American Fishing Federation, holding discussions related to the FRC loan agreement, meeting with Charlie Fielder, District 1 Director of Cal-Trans, traveling  to Washington regarding the National Coalition of County Schools, visiting Senator Feinstein's office and speaking with Ryan Hunt regarding Hurdy Gurdy and commented on the need to have a meeting in San Francisco with Senator Feinstein, the County,  Smith River Alliance, and the Forest Services, traveling to Eureka for a cheerleader competition for youth football, commented that the Yurok tribe wants to make a presentation at the Board of Supervisors' meeting on the 24th, and reported that his father is now living with him.

Supervisor Hemmingsen reported on attending a 2x2 with National and State Parks, attending the MLPA meeting that Ken Wiseman was in charge of, commented that he was asked to be on the stakeholder committee, participating in agenda review, and attending a Airport JPA meeting.

 

 

2.     10:10 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.

3.     10:30 A.M. Conduct a Public Hearing to discuss submission of the 2009 State Community development Block Grant Planning and Technical Assistance applications for General and Economic Development components; and Approve and adopt a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2009 PLANNING AND TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT as requested by the County Administrative Officer.**

Action: Jim Carnegie presented the item. 

Chair Hemmingsen opened the Public Hearing. No public comment was given. Chair Hemmingsen closed the Public Hearing.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board approved and adopted a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2009 PLANNING AND TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT.

 

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

CONSENT AGENDA

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

Action: Supervisor Sullivan recused himself from Item #24.

Public Comment was given by Lathe Gill on item #18

On a motion by Supervisor McClure and seconded by Supervisor McNamer, the Board approved the Consent Agenda, Items #4 though #24.

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve and adopt a Resolution Honoring Mr. Jack Tolbert Extraordinary Military Action and Service to Veterans as requested by Supervisor McClure.**

Action: Approved DNCO Resolution 2009-114

Supervisor McClure requested that the Board take the appropriate steps to ensure that Mr. Tolbert receives a Medal of Honor.

5.     Adopt a Resolution proclaiming gratitude and honoring all veterans on Veteran's Day, November 11, 2009.

Action: Approved DNCO Resolution 2009-119

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

Action: Approved

7.     Approve the application to the California Emergency Management Agency for monies for the CHAT program and adopt the Resolution for the continuing implementation of this program within the District Attorney's office as requested by the District Attorney.**

Action: Approved DNCO Resolution 2009-115

8.     Approve the application to the California Emergency Management Agency for monies for the Victim Witness and adopt the Resolution for the continuing implementation of this program within the District Attorney's office as requested by the District Attorney.**

Action: Approved DNCO Resolution 2009-121

9.     Approve and sign the renewed contract with the listed therapist: Marla Bartow for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO Agreement 2009-209

10. Approve and sign the renewed contract with the listed therapist: Jill Babbitt for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO Agreement 2009-210

11. Approve and sign the renewed contract with the listed therapist: Cheryl Simons for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO Agreement 2009-211

12. Approve and sign the renewed contract with the listed therapist: Barbara J Lee for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO Agreement 2009-212

13. Approve and sign the renewed contract with the listed therapist: Sandy Squires for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO Agreement 2009-213

14. Approve and sign the renewed contract with the listed therapist: Will Beegle for psychological evaluation and treatment services for the Child Abuse Treatment Program (CHAT) as requested by the District Attorney.**

Action: Approved DNCO 2009-214

15. Approve the Engineering and Traffic Survey results on Lake Earl Drive:  From Blackwell Lane to Vipond Drive and Lakeview Drive to Purdy Lane and retain the speed limit of 50 miles per hour (MPH) and from Red Hawk Lane to Highway 101 and retain the speed limit of 45 miles per hour (MPH) as requested by the County Engineer.**

Action: Approved

16. 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.**

Action: Approved DNCO Agreement 2009-220

17. Approve and authorize the Chair to sign the Agreement with the Community Assistance Network for Employment Training Services from November 1, 2009 through June 30, 2010, not to exceed $75,000.00

Action: Approved DNCO Agreement 2009-215

18. Establish and additional Deputy Director position and modify the current and proposed job descriptions as presented within the Community Development Department as requested by the County Administrative Officer.**

Action: Approved

19. Approve and authorize the Chair to sign the First Amendment to 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 as requested by the Director of Health and Human Services.**

Action: Approved DNCO Agreement 2009-216

20. Approve and authorize the Chair to sign a Resolution and authorize the Department of Health and Human Services Director to sign the Agreement and any amendments thereto support Friday Night Live Chapter Expansion Pilot project with the California Friday Night Live Partnership as requested by the Director of Health and Human Services.**

Action: Approved DNCO Resolution 2009-116, DNCO Agreement 2009-217

21. Approve the breaching of Lake Earl at the level of 8 feet mean sea level (msl) or greater, as part of the Army Corps Permit Number 27850N, Coastal Development Permit No. 1-00-057, California Fish and Game 1601 Permit, and Regional Water Quality Certification as requested by the County Engineer.**

Action: Approved

22. Approve a Resolution authorizing the County Agricultural Commissioner to sign an Agreement with the California Department of Food and Agriculture for an ARRA-Stimulus Funding Grant in the amount of $23,980.00 for seasonal labor and weed control activities.**

Action: Approved DNCO Resolution 2009-122, DNCO Agreement 2009-219

23. Approve the reappointment of Brian Ferguson as a member of the Board of Directors for the Del Norte Resource Conservation District for a term of four years as requested by the Resource Specialist.**

Action: Approved

24. Re-appoint the Public Member to the Airport Authority Board and adopt the attached Resolution

Action: Approved DNCO Resolution 2009-120

REGULAR ITEMS

GENERAL GOVERNMENT:

25. Approve the "Intent to Submit" Form for a Tri-County (Del Norte, Humboldt, Mendocino) External MPA Array proposal for the Resources Agency.**

Action: Reweti Wiki gave Public Comment on this item.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the "Intent to Submit" Form for a Tri-County (Del Norte, Humboldt, Mendocino) External MPA Array proposal for the Resources Agency.

 

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

26. Approve and authorize the Chair to sign an Oregon Department of Transportation (ODOT) Grant application for the Airport Terminal Project as the landowner.

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure approved and authorized the Chair to sign an Oregon Department of Transportation (ODOT) Grant application for the Airport Terminal Project as the landowner.

Supervisor McClure asked that Chair contact Defazio's office and ask for a letter of support.

 

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

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 11-01, 11-02, 11-03, 11-04.

 

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

27. Approve a Budget Transfer (11-01) in the amount of $5995.00 within the Agricultural Department as requested by  the Agricultural Commissioner.**

28. Approve a Budget Transfer (11-02) in the amount of $23,600.00 within the Department of Health and Human Services as requested by the Director of Health and Human Services.**

29. Approve a Budget Transfer (11-03) in the amount of $142,962.00 within the Department of Health and Human Services as requested by the Director of Health and Human Services.**

30. Approve a Budget Transfer (11-04) in the amount of $50,000.00 within the Grants Budget as requested by the Assistant County Administrative Officer.**

LEGISLATIVE AND BUDGET ISSUES:

31. 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: Jeannine Galatioto commented on the progress of the securitization process.

Supervisor Finigan commented on the water bills and their monetary impact.

 

CAPITAL PROJECTS:

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

Action: Jay Sarina, Assistant County Administrative Officer, gave an update on Capital Projects.

ADJOURNMENT

Action: The Board adjourned at 11:13 A.M.

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  November 12, 2009

 

 

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