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, January 26, 2010

    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; Jones & 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; PSSCWD v. LAFCo, Del Norte Superior Ct., CVPT08-1380; JHP LLC v Japp, Del Norte Superior Ct No. 09-1438; 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. Review applications for the position of County Administrative Officer for Del Norte County.

 

 

 

 

 

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: Gary Blatnick, Director of Health and Human Services introduced Bob Beck and Tamara Johnson as the new social workers for Child Welfare.

·        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: Supervisor Sullivan requested that a Proclamation be added to the agenda subsequent to posting as an urgency item.

Public Comment was given by Kirk Sparks.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board added a Proclamation Declaring February 5, 2010 as National Wear Red Day for Heart Disease Awareness. The motion was carried unanimously.

On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board approved a Proclamation of the Del Norte County Board of Supervisors Declaring February 5, 2010 as National Wear Red Day for Heart Disease Awareness. The motion was carried unanimously.

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

Vote Yea:       5              Michael Sullivan, Martha McClure, Leslie McNamer, 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 McClure reported on being in and out of physical therapy the past two weeks, meeting with Community Health Alliance regarding general practitioners, meeting with the Emergency Management System regarding the reduction of ambulance services, participated in a Solid Waste Management Authority meeting, attending the  Blue Ribbon MLPA meet-and-greet, commented on being in the process of reviewing a trail guide for Tolowa Dunes, commented on going through hundreds of pages regarding the Klamath Dam Removal agreements, attending the USDA Public Community Forum at the Elk Valley Rancheria, reported that the lighthouse tower was leaking that the cost to fix would be around $180,000, attending a LAFCO meeting in Supervisor Hemmingsen's place where the "sphere of influence" was discussed, commented that LAFCO is doing very well in their progress, and commented that the MLPA draft proposal will be presented later today.

Supervisor McNamer reported on attending an Air Quality Management District meeting in Eureka regarding regulations and the lack of money to deal with these regulations, attending a LAFCO meeting regarding the City MSR and sphere of influence, attending the USDA Public Forum at the Elk Valley Rancheria and felt that we need more of these meetings, attending the Blue Ribbon MLPA meet-and-greet, and commented that there are now signs on Pacific Shore with regards to off-road vehicles.

Supervisor Sullivan reported on participating in phone calls with Ruth Coleman, Director of State Parks, regarding the duck hunting issue, commented on local contracts with Pelican Bay, attending the USDA Public Forum at the Elk Valley Rancheria, attending a Chamber Board retreat, taking a tour of the Spyglass Subdivision, meeting with Chief Plack regarding the Panhandling Ordinance, meeting with Jeff Marsee of College of the Redwoods and Jan Moorehouse regarding educational master plan for the County, attending a Firefighters meeting in Hiouchi regarding the possible creation of a stand alone fire department in Hiouchi and commented on the need for more volunteers, participating in action summary, attending the volunteer fair dinner, attending the Blue Ribbon MLPA meet-and-greet, and attending a public meeting in Gasquet regarding the fence project for the airport.

Supervisor Finigan reported on attending a meeting with Community Development staff and some of the Yurok Tribal Council members regarding the levee and reported that the Yurok tribe agreed to the 10% match, attending a First 5 Board of Directors meeting and commented that the Governor is attempting to take more money from certain programs, meeting with RCRC regarding the election of officers and current legislation, receiving a presentation given by the Director of Finance for California, commented on AB 1153 regarding air ambulance fees, commented on AB 885, commented on the "pay first" rule on TOT and stimulus, commented on the Patty Mattingly award, attending a 2x2 with Elk Valley Rancheria, commented on another 2x2 to be held later in the afternoon with the Elk Valley Rancheria, attending a Treasury Oversight meeting, attending a neighborhood watch in the Bertch tract, participating in a phone conference regarding a CASA Board retreat, attending a CASA meeting, and attending the USDA Public Forum.

Supervisor Hemmingsen reported on attending the Blue Ribbon MLPA meet and greet as well as the technical workshop that followed, meeting with the Army Corps regarding the Beechly project, attending a Land Trust meeting, attending the volunteer fair appreciation dinner, attending a 2x2 with City, County, and Elk Valley regarding sewer and water connections, attending a local MLPA meeting, and attending the USDA Public Forum at the Elk Valley Rancheria.

 

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: Public Comment was given by Ron Plechaty regarding stimulus money for shovel-ready projects and by Victoria Dickey regarding JPAs.

3.     10:30 A.M. Presentation by MaryKay Vandiver regarding the Program of Work.   

Action: MaryKay Vandiver, District Head Ranger and Julie Ranieri, Public Affairs Officer for Six Rivers National Forest, gave a presentation regarding the Program of Work.

Some questions that were asked during the presentation were as follows:

The current National Recreation Area Land Plan is 15 years old and it's only a ten year plan. What is the solution for this?

Is there a definition between decommissioning or storm-proofing? Are they different or the same?

What is the definition of thinning and harvesting?

Concerning the Motor Vehicle Use map, is the one that was just published the one that you are using? It was under the understanding that this map is inaccurate, incomplete, and unacceptable.

Is this map being enforced in any way?

Is the map in the National Database and is it available to the public?

What is the chain of command for the Smith River National Recreation Area?

What is your definition of stakeholders?

Public Comment was given by Steve Bigham, Ron Plechaty, Jim B., Karl Beyerle, Armand Trentopoli and Grant Werschkull.

 

 

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 McClure, the Board approved the Consent Agenda (Items 4-13).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve a Resolution authorizing the County Agricultural Commissioner to sign a Memorandum of Understanding with the County of Humboldt for services and equipment used to test commercial weighing and measuring devices as requested by the Agricultural Commissioner.**   Document

Action: Approved (DNCO Resolution 2010-006)

5.     Approve and authorize the Chair to sign the Memorandum of Understanding (MOU) with the California Department of Social Services (CDSS) for the period of July 1, 2009 through June 30, 2010 for licensing functions with respect to Foster Family Homes as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-007)

6.     Approve and authorize the Chair to sign the Addendum to the Department of Health and Human Services (DHHS) Agreement with The National Council on Crime and Delinquency for child welfare services access to SafeMeasures reporting through February 28, 2012, for a total of $11,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-008)

7.     Approve and authorize the Chair to sign the First Amendment to Agreement #2009-187 with Remi Vista, Inc. to provide Transitional Housing Placement Program (THPP) services for the period December 22, 2009 to June 30, 2010, not to exceed $2,747.50 per month per designated minor as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-009)

8.     Approve and authorize the Chair to sign an Amendment to Agreement Number 07-NNA08 with the California Department of Alcohol & Drug Programs (ADP), and authorize the Director, Department of Health and Human Services to sign any associated or required documents as they relate to this Amendment as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-010)

9.     Approve and authorize the Chair to sign Amendment A-1 to Agreement No. 08-1003 with the California Department of Social Services (CDSS) Community Care Licensing Division (CCLD) for the period July 1, 2008 through June 30, 2010 as requested by the Director of the Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-011)

10. Approve and authorize the Chair to sign the first Amendment to Agreement #2009-021 with Remi-Vista, Inc. to provide Transitional Housing Program-Plus services to designated youth in Del Norte County for the period of December 22, 2009 to June 30, 2010, not to exceed $3,597.00 per month per youth as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-012)

11. Approve a mapping error correction to the General Plan Land Use Map for the Smith River Sub-Area and direct staff to work with the GIS Coordinator to make the appropriate corrections as shown on Exhibit B as requested by the Senior Planner.**   Document

Action: Approved

12. Approve the Agreement between the County and Crossroads Software for the purchase and installation of an Automated GIS-based Traffic Collision Database System software, and authorize the Chairman of the Board to sign it as requested by the County Engineer.**   Document

Action: Approved (DNCO Agreement 2010-013)

13. Approve and adopt the MOU agreement with the Del Norte County Superior Court for court security services as requested by the Sheriff-Coroner.**   Document

Action: Approved (DNCO Agreement 2010-014)

REGULAR ITEMS

GENERAL GOVERNMENT:

14. Discuss and take possible action regarding the request by the Yurok Tribe to sign the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement.**   Document

Action: The Board discussed the request by the Yurok Tribe to sign the agreements.

Public Comment was given by Matt Mais, a representative from the Yurok Tribe.

The Board directed staff to arrange another meeting to discuss the agreements.

LAND USE:

15. Award the contract for the Del Norte County, Service Area No.1, Sewer System Rehabilitation Project, Clean Water State Revolving Fund Program Project NO. C-06-7034-110 to Wahlund Construction, Inc. for $1,191,985.00; and authorize the County Engineer to sign individual change orders in an amount not to exceed Ten Percent (10%) of the contract award as requested by the County Engineer.**   Document

Action: Art Reeve, County Engineer, presented the item.

Public Comment was given by Donna Westfall and Victoria Dickey.

On a motion by Supervisor McNamer and seconded by Supervisor McClure, the Board awarded the contract for the Del Norte County, Service Area No.1, Sewer System Rehabilitation Project, Clean Water State Revolving Fund Program Project NO. C-06-7034-110 to Wahlund Construction, Inc. for $1,191,985.00; and authorized the County Engineer to sign individual change orders in an amount not to exceed Ten Percent (10%) of the contract award.

 

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

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved Budget Transfers (01-03, 01-04, 01-07, 01-08, 01-09).

 

Motion:    Move to approve

Move:       Michael Sullivan

Second:    Martha McClure

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

16. Approve a Budget Transfer (01-03) in the amount of $10,000.00 within the Sheriff's Department for projected repairs as requested by the Sheriff-Coroner.**   Document

Action: Approved

17. Approve a Budget Transfer (01-04) in the amount of $3,612.00 within the Sheriff's Department as requested by the Sheriff-Coroner.**   Document

Action: Approved

18. Approve a Budget Transfer (01-07) in the amount of $26,783.00 within the Road Department for the Sarina Pit Reclamation as requested by the Deputy Director of Community Development.**   Document

Action: Approved

19. Approve a Budget Transfer (01-08) in the amount of $92,092.00 within the Road Department for the Washington Boulevard overlay as requested by the Deputy Director of Community Development.**   Document

Action: Approved

20. Approve a Budget Transfer (01-09) in the amount of $30,000.00 within the Engineering Department for Traffic Collision Database Software as requested by the Deputy Director of Community Development.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

21. 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, County Administrative Officer, commented that the State Controller stated that the State would be out of money by March.

Supervisor Finigan commented on AB 1153 and legislation regarding the implementation of AB32.

Zack Larson gave an update regarding the MPA workgroup.  The Board directed Jay Sarina, Assistant County Administrative Officer, and Zack Larson to take a look at possible next steps.

CAPITAL PROJECTS:

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

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

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  January 29, 2010

 

 

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