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, December 08, 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.

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

Action: Supervisor McClure 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 reported that an action had been made to add the case of George Horn WACB #2006045524 to Closed Session.  On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, this item was added as an urgency item subsequent to the posting of the agenda.

·        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, addition, 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 attending a Tri-Agency meeting, attending a lunch with Gary Blatnick in regards to the Healthcare Industry, attending a 2x2 with Supervisor Hemmingsen and State & National Parks regarding the duck hunting issue on Kellogg Road, attending the Grange Christmas Dinner, attending Marshall Plaza Christmas Chamber Mixer, attending Thanksgiving in Napa, and commented that his son turned eight.

Supervisor McNamer reported on attending a CMSP meeting in Sacramento,  and reported on Don Peterson, our Legislative Advocate that has fallen ill and will probably not be back and will be sorely missed.

Supervisor McClure reported on working on the Solid Waste Franchise Contract, thanked the Road Department for the guardrails on Pebble Beach Drive, commented on the project her and her students are working on with the Harrington House, commented on traveling for Thanksgiving, expressed appreciation for the local crabbers, commented that we need to take into consideration regarding the MLPA and it's affect on the land of the Sovereign nations, speaking with Barbara Boxer's staff regarding the TARP monies.

Supervisor Finigan reported on attending a Tri-Agency meeting, Airport JPA meeting, attending a RCRC Executive Board meeting in Sacramento, commented on the State Budget, and commented on Schwarzenegger's last year.

Supervisor Hemmingsen reported on attending a MLPA meeting, attending a meeting with Senior Planner Heidi Kunstal on the Beechly project, attending a 2x2 meeting with the National and State Parks, commented on Thanksgiving, attending Agenda Review, participating in a tele-conference with RC&D, attending an Airport JPA meeting, attending the Holiday open house at Marshall Plaza, and attending the Lake Earl Grange Christmas event.

 

2.     10:00 A.M. Presentation by Judith Warren and James D. Goltz  Ph.D.  Earthquake and Tsunami Program Manager, California Governor's Office of Emergency Services regarding the Live Code Tsunami Test as well as evacuation training.

Action: A presentation was made by Judith Warren and James Goltz regarding the Live Code Tsunami Test and evacuation training with a request for conditional approval to move forward with the test.

3.     10:15 A.M. Receive a presentation by MaryKay Vandiver and Julie Ranieri regarding Six Rivers National Forest and the Smith River National Recreation Area.

Action: The presenters for this item were not present.

Public Comment was given by Carl Beyerle, Kirk Sparks, Charlene Storr, Jamie Yarborough, and a representative from Northcoast Outfitters.

4.     10:30 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 given by Zack Larson, who gave an update of the Marine Life Protection Act as it affects Del Norte County.

5.     10:45 A.M. Direct staff to negotiate an agreement with Johnson Controls for the development of a project, funding application, and implementation of the project with the understanding that the annual savings is equal, or greater than the annual financing cost OR, Approve and adopt a Resolution entitled A RESOLUTION AUTHORIZES SUBMITTAL OF A COLLABORATIVE APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR FUNDING; CONSIDERATION OF CEQA COMPLIANCE; AND IF SELECTED AUTHORIZE THE COUNTY OF HUMBOLDT TO ACCEPT A GRANT AWARD ON BEHALF OF THE COUNTY OF DEL NORTE as requested by the Assistant County Administrative Officer.**

Action: The Board, by consensus, directed staff to negotiate an agreement with Johnson Controls for the development of a project, funding application, and implementation of the project with the understanding that the annual savings is equal, or greater than the annual financing cost.

6.     11:00 A.M. Receive a presentation regarding California Energy Commission and State Energy Program funding opportunities for the Municipal Financing Program and the California Comprehensive Residential Building Retrofit Program as well as approve and adopt the attached Resolutions.**

Action: Katherine Gledhill and John Miller presented this item and fielded question from the Board. On a motion by Supervisor Finigan and seconded by Supervisor McClure the Board approved a request and Resolution to allow them to participate in the planning process so they can apply for the Regional Grant.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Martha McClure

 

Vote Yea:       4              David Finigan, Martha McClure, Michael Sullivan, Gerry Hemmingsen         

Vote Nay:       1              Leslie McNamer

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: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Consent Agenda (Items 7 through 17).

 

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

7.     Approve the Minutes from the November 10, 2009 Board of Supervisors' meeting.**

Action: Approved

8.     Approve the Minutes from the November 22, 2009 Board of Supervisors' meeting.**

Action: Approved

9.     Approve a Resolution entitled "A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF DEL NORTE REAPPOINTING GERALD D. COCHRAN TO REPRESENT DEL NORTE COUNTY ON THE BOARD OF DIRECTORS OF THE GOLDEN GATE BRIDGE AND HIGHWAY TRANSPORTATION DISTRICT".

Action: Approved (DNCO Resolution 2009-126)

10. Approve the attached contract amendment with Taylor Made Fencing and authorize the Chair to sign the agreement as requested by the Assistant County Administrative Officer.**

Action: Approved (DNCO Agreement 2009-222)

11. Declare the nine (9) items listed in Exhibit A, which is attached hereto and incorporated herein by this reference, to be surplus: and Direct that the subject equipment be offered for sale through a public bid process, as is, with a "junk" title and appropriate disclosure/retention requirements as requested by the Deputy Director of Community Development.**

Action: Approved

12. Adopt the attached Resolution setting the 2008/2009 Property Tax Administration Fees to be charged in 2009/2010 as requested by the Auditor-Controller.**

Action: Approved (DNCO Resolution 2009-127)

13. Approve the attached contract amendment with Van Scoyoc Companies and authorize the Chair to sign the agreement. The amendment will not result in any increase in compensation.**

Action: Approved (DNCO Agreement 2009-225)

14. Approve the new position of Investigative Services Technician as requested by the Sheriff-Coroner.**

Action: Approved

15. Approve and authorize the County Administrator to sign the Renewal Agreement with QBE that provides reinsurance for Stop Loss Coverage and Life Insurance Benefits for 2009-2010 upon approval of County Counsel as requested by the County Administrative Officer.**

Action: Approved

16. Authorize the Sheriff to enter into an amendment to the Tribal Task Force Agreement originally signed in November 2008 as requested by the Sheriff-Coroner.**

Action: Approved (DNCO Agreement 2009-226)

17. Consideration and possible action to authorize the release of County Counsel's opinions dated October 30, 2009 and September 14, 2009 regarding an analysis of the Joint Powers Agreements of the Del Norte Solid Waste Management Authority.**

Action: Approved

REGULAR ITEMS

GENERAL GOVERNMENT:

18. Approve the bid for Caltrans grant funded CAAP Project No. DN-3-08-1 to update airfield marking and install security gates in perimeter fencing at Klamath, McBeth Field, to the low bidder Cal Electro of Redding for $32,196.00; and Authorize the Chair to sign the completed Caltrans grant agreement as well as authorize the Airport Director to execute change orders as needed, not to exceed 10% of aggregate grant amount as requested by the Airport Director.**

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved the bid for Caltrans grant funded CAAP Project No. DN-3-08-1 to update airfield marking and install security gates in perimeter fencing at Klamath, McBeth Field, to the low bidder Cal Electro of Redding for $32,196.00; and authorized the Chair to sign the completed Caltrans grant agreement as well as authorized the Airport Director to execute change orders as needed, not to exceed 10% of aggregate grant amount

 

Motion:    Move to approve

Move:       David Finigan

Second:    Leslie McNamer

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

BUDGET TRANSFERS:

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved the Budget Transfer (12-01)

 

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

19. Approve a Budget Transfer (12-01) in the amount of $657.00 within the Agricultural Department as requested by the Agricultural Commissioner.**

LEGISLATIVE AND BUDGET ISSUES:

20. 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: Supervisor McClure spoke on the energy production for solar energy bill and suggested that the County monitor it and if it passes, take the opportunity to see where the County can benefit from it. She also suggested to speak with Congressman Thompson regarding this subject.

21. Approve and authorize the Chair to sign a letter regarding the Hurdygurdy Creek property.**

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved and authorized the Chair to sign a letter regarding the Hurdygurdy Creek property

 

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

CAPITAL PROJECTS:

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

Action: A Written Capital Projects Update was given. Information Only

ADJOURNMENT

 

                               The Board adjourned at 12:20 P.M.

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  December 11, 2009

 

 

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