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, February 09, 2010

    10:00 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.

 

 

 

 

Held 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), James Danis v. County of Del Norte; Del Norte County Sheriff Dept.; Dean Wilson; Bill Steven; John Doe 1, aka Officer Cousins; Mike Seamen; John Doe 2, aka Officer Burke; John Doe 3, aka Sergeant Fox; Gary Potter; Sutter Health; Sutter Coast Hospital; and does 4 though 15, inclusive, US District Court, Northern District, Case No. CV095-324; 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.  Conduct interviews for the position of County Administrative Officer.

 

 

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 10:04 A.M. and the Clerk took silent roll noting that all were present.

·        The Pledge of Allegiance to the Flag led by Supervisor Hemmingsen.

Action: Supervisor Hemmingsen 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, Dohn Henion and the County Administrative Officer, Jeannine Galatioto 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 the following changes be made to the County Appointments on the Consent Agenda:  Supervisor Sullivan would be named as alternate of the Senior Center Board, and to have the word "alternate" removed from his name on the RAC Committee.

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 a conversation with the Director of State Parks, Ruth Coleman regarding reclassification, attending a North DEAL meeting, attending a Tri-Agency meeting, participated in Action Summary, attending the annual Chamber Dinner, attending the Cal-Endowment meeting at Elk Valley Rancheria, spoke at the City Council meeting regarding the Panhandling Ordinance and requests that the Board look into approving one as well, attending the Tourism Meeting, attending the Republican Women's Lunch, participating in a discussion with Senator Aanestad's office regarding Cal-Fire, and commented on the Bolman distributing contract with the Prison.

Supervisor McNamer reported on attending a Safe and Healthy Families meeting, meeting with constituents from her district, attending the quarterly meeting of NORTEC, attending the briefing for public officials for Tsunami preparedness, and attending a Super Bowl party.

Supervisor McClure reported on attending the Chamber Dinner, attending a Redwood Parks Association Board meeting, meeting with Assemblyman Chesbro regarding reimbursements for hospitals, took some time to inspect the combined-use roads at Pacific Shores and expressed some concerns.

Supervisor Finigan reported on attending a 2x2 meeting with the Elk Valley Rancheria, attending a Tri-Agency meeting, attending a CASA retreat, attending the Chamber Dinner, meeting with the courts regarding CASA, attending the Community Health Initiative meeting at the Elk Valley Rancheria, attending a 2x2 meeting with the Harbor, attending another 2x2 meeting with Elk Valley Rancheria, attending another Tri-Agency meeting regarding loans, attending an Airport JPA meeting, attending another CASA meeting, and participating in a teleconference with the National Forest County Schools Coalition.

Supervisor Hemmingsen reported on attending a 2x2 meeting with the Elk Valley Rancheria, attending a couple port meetings regarding the Dungeness Crab Task Force, attending the Chamber Dinner, attending a meeting with Russ Crabtree and Loren Bommelyn with Smith River Rancheria regarding hunting activities, attending a Harbor 2x2, attending a negotiation meeting with Smith River Alliance regarding Hurdy Gurdy, commented on giving blood, participating in agenda review, attending a Border Coast Airport meeting, and attending a Celebration of Life ceremony for Gus Allen.

 

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 Richard Miles, Patti Vernelson regarding First 5, Lisa Serrano regarding an MOU with the Mexican Consulate, Eileen Cooper regarding the airport expansion, Ron Van Nord regarding the Pebble Beach paving project, and Chris McCollum regarding Stage One Child Care.

3.     10:30 A.M. Presentation by Del Norte Ambulance President Ron Sandler regarding the Medicare cuts in reimbursements, how it will impact Del Norte County residents, and what can be done in response.   

Action: A presentation was given by Ron Sandler in which he informed the Board of the upcoming cuts and certain solutions.

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 McClure and seconded by Supervisor Sullivan, the Board approved the Consent Agenda (Items 4 through 17).

 

Motion:    Move to approve

Move:       Martha McClure

Second:    Michael Sullivan

 

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

Vote Nay:       0              None

Vote Abstain: 0              None

4.     Approve the Minutes from the January 12, 2010 Board of Supervisors meeting.**   Document

Action: Approved

5.     Approve and adopt a Resolution regarding the early detection of Breast Cancer.**   Document

Action: Approved (DNCO Resolution 2010-007)

6.     Approve the adoption of the revised Quality Assurance Program for use by the Community Development Department on construction projects as requested by the Assistant Engineer.**   Document

Action: Approved

7.     Approve and authorize Administration to implement a Dental Only Health Plan Option and offer to Del Norte County Retirees 65 year of age and over as requested by the County Administrative Officer.**   Document

Action: Approved

8.     Approve a Proclamation proclaiming March 22-28 as Tsunami Preparedness Week.**   Document

Action: Approved

9.     Approve and authorize the Director of the Department of Health and Human Services to sign the Agreement with Glenn County Human Resources Agency for Child Welfare Services/Case Management System (CWS/CMS) training for the period July 1, 2009 through June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-018)

10. Approve and authorize the Chair to sign the Agreement for Stage One Childcare Services with the Del Norte Child Care Council (DNCCC), for the period July 1, 2009 through June 30, 2010, not to exceed $419,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-019)

11. Approve and authorize the Department of Health and Human Services' Director, Gary Blatnick or his designee to accept the Initial Allocation for the State Fiscal Year 2009-2010 of the mental health portion of the Federal Substance Abuse and Mental Health Services Administration (SAMHSA) Block Grant funds for the provision of local mental health services as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-020)

12. Approve and authorize the Chair to sign a letter regarding the Medicare payment for the Department of Health and Human Services (DHHS), Mental Health Branch as requested by the Director of Health and Human Services.**   Document

Action: Approved

13. Approve and authorize the Chair to sign the application for California Emergency Management Agency Substance Abuse Offender Treatment Program for FY 09/10, and delegate Gary Blatnick, Director of Health and Human Services, or his designee to sign the necessary applications, contracts, agreements, amendments, and payment request forms as requested by the Director of Health and Human Services.**   Document

Action: Approved

14. Approve the In-Home Supportive Services (IHSS) Public Authority Care Provider Pre-Employment Criminal History Review Policy and Procedures as requested by the Director of Health and Human Services.**   Document

Action: Approved

15. Approve and authorize Thomas Martinelli, M.D., County Health Officer, to attend an annual medical conference as requested by the Director of Health and Human Services.**   Document

Action: Approved

16. Approve the appointment list for the Board of Supervisors for 2010.**   Document

Action: The following corrections were made to this item: Supervisor Sullivan would be named as "alternate" on the Senior Center Board and the word "alternate" is to be removed from his name on the RAC Committee.

17. Approve and adopt a Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS AUTHORIZES SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA ENERGY COMMISSION FOR A LOW INTEREST LOAN FOR ENERGY EFFICIENCY IMPROVEMENTS TO THE SHERIFF'S OFFICE/JAIL as requested by the Assistant County Administrative Officer.**   Document

Action: Approved (DNCO Resolution 2010-008)

REGULAR ITEMS

GENERAL GOVERNMENT:

18. Hold a discussion regarding whether the County of Del Norte should remain listed on the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement and take action as necessary.   Document

Action: A discussion was held. Jeannine Galatioto, County Administrative Officer, commented on a potential workshop to be held at the first meeting in March with the Hoopa Chairman. It was asked that the first Tuesday of March, there be a discussion held with a representative from Siskyiou County, Hoopa Tribe, and the CDD Planning Director of Humboldt County at 11:00 A.M.  The Board decided to stay listed on the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement with knowledge of the 60 day provision and directed staff to notify the appropriate parties of their decision.

19. Review, add or delete, prioritize, and approve the attached list of projects for submission to federal legislators for potential qualifying projects in Del Norte County as requested by the Assistant County Administrative Officer.**   Document

Action: Jay Sarina, Assistant County Administrative Officer gave an overview of this item. On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board reviewed and approved the attached list of projects for submission to federal legislators for potential qualifying projects in Del Norte County.

 

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

20. Approve the amendment to Proposition 1B (Prop 1B) project list for Fiscal Year 07/08; and approve the allocation of Prop 1B Funds for Fiscal Year 08/09 funding; and approve and amendment to Prop 1B project list for Fiscal Year 08/09 Supplemental; and approve the allocation of funds for Prop 1B funds for Fiscal Year 09/10; and adopt the Resolutions reflecting the listed allocations as requested by the Deputy Director of Community Development.**   Document

Action: Supervisor Sullivan recused himself from this item. On a motion by Supervisor McNamer and seconded by Supervisor Finigan, the Board approved the amendment to Proposition 1B (Prop 1B) project list for Fiscal Year 07/08; and approved the allocation of Prop 1B Funds for Fiscal Year 08/09 funding; and approved and amendment to Prop 1B project list for Fiscal Year 08/09 Supplemental; and approved the allocation of funds for Prop 1B funds for Fiscal Year 09/10; and adopted the Resolutions reflecting the listed allocations. (DNCO Resolutions 2010-009, 2010-010, 2010-11, and 2010-012)

 

Motion:    Move to approve

Move:       Leslie McNamer

Second:    None

 

Vote Yea:       4              Leslie McNamer, David Finigan, Gerry Hemmingsen, Martha McClure         

Vote Nay:       0              None

Vote Abstain: 1              Michael Sullivan

21. Approve and authorize the Chair to sign the attached letter to the California Coastal Commission.**   Document

Action: Public Comment was given by Eileen Cooper.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan the Board approved and authorized the Chair to sign the attached letter to the California Coastal Commission.

Supervisor McClure voiced her opposition.

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

Vote Yea:       4              David Finigan, Michael Sullivan, Leslie McNamer, Gerry Hemmingsen         

Vote Nay:       1              Martha McClure

Vote Abstain: 0              None

22. Review the amended and restated MOU for services between the County and the Regional Border Coast Airport Authority and take action as necessary.**   Document

Action: Jeannine Galatioto, County Administrative Officer, spoke regarding this item. On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board reviewed the amended and restated MOU for services between the County and the Regional Border Coast Airport Authority

 

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

23. Direct staff to work with City staff on a plan to acquire and develop two parcels of the old McNamara and Peepe property as requested by the County Administrative Officer.**   Document

Action: Jeannine Galatioto, County Administrative Officer, spoke regarding this item. The Board directed staff to work with City staff on a plan to acquire and develop two parcels of the old McNamara and Peepe property.

LAND USE:

24. Approve and adopt the Resolution approving the Functional Classification change for Railroad Avenue, Boulder Avenue, Alder Road, and Blackwell Lane from "local" to "collector" roads as requested by the County Engineer.**   Document

Action: Art Reeve stated that staff is requesting that this item be pulled and brought to a future Board meeting. Additions and changes are required in order for this item to be brought forward again. The Board agreed to pull the item.

Supervisor Sullivan asked staff to look into putting a number of speed tables on Gasquet Flat Road.

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board approved Budget Transfers (02-02, 02-03, 02-04, 06-30, 06-31).

 

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

25. Approve a Budget Transfer (02-02) in the amount of $3,627.00 within the District Attorney's Office CHAT Grant as requested by the District Attorney.**   Document

Action: Approved

26. Approve a Budget Transfer Request (02-03) in the amount of $14,527.00 within the District Attorney's Office Victim Witness Grant as requested by the County District Attorney.**   Document

Action: Approved

27. Approve a Budget Transfer (02-04) in the amount of $916,958.00 within the Road Department as requested by the Deputy Director of Community Development.**   Document

Action: Approved

Supervisor Sullivan recused himself from this item.

28. Approve a Budget Transfer (06-30) in the amount of $877,083 within the Airport Fund and Re-establish the Airport Fund and adopt the Budget for fund 103, for fiscal years 08/09 as requested by the County Administrative Officer.   Document

Action: Approved

29. Approve a Budget Transfer(06-31) in the amount of $500,000.00 within the Department of Health and Human Services.   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

30. 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.   Document

Action:

On a motion by Supervisor McClure and seconded by Supervisor McNamer the Board approved and authorized the Chair to sign the following letters of support:Letter of Support for AB12, First 5 Del Norte, requesting support to Implement a National Catch Shares Program, and a letter of support for Del Norte Ambulance regarding Medicare "Super Rural" Reimbursement.

Supervisor Sullivan recused himself from the Del Norte Ambulance letter due to conflict of interest.

 

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

31. Review the attached Draft Letter requesting an Alternative be included in the proposed EIS detailing specifically how the USFS will Coordinate with local government, and direct staff to amend if necessary and authorize the Chair to sign as requested by the Assistant County Administrative Officer.**   Document

Action: Jay Sarina, Assistant County Administrative Officer presented this item.

The Board  reviewed the attached Draft Letter requesting an Alternative be included in the proposed EIS detailing specifically how the USFS will Coordinate with local government and unanimously authorized the Chair to sign it.

CAPITAL PROJECTS:

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

Action: An update was given by Jay Sarina, Assistant County Administrative Officer to the Board. Information Only.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  February 9, 2010

 

 

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