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, April 27, 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.

 

 

Action: Public Comment was given by Grant Werschkull regarding Hurdygurdy.

 

 

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.  Pursuant to Gov’t Code 54997, conduct an annual evaluation of the Director of Child Support Services and the Building/Parks Maintenance Superintendent.

 

 

 

 

Action: Public Comment was given by Grant Werschkull regarding Hurdygurdy.

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 Hemmingsen.

Action: Supervisor Hemmingsen led the Pledge of Allegiance.

·        Introduction of new employees to the Board of Supervisors.

Action: Neal Lopez, former Assistant County Auditor, was introduced as the new Assistant County Administrative Officer.

·        Report of any actions from closed session by County Counsel.

Action: County Counsel stated that a motion was made by Supervisor Finigan, seconded by Supervisor Sullivan, and unanimously passed to add to the closed session agenda a matter that came to the attention of the county after the posting of the agenda and that there is an immediate need for action. The matter proposed to be added is pursuant to Govt' Code section 54956.9(b)(3)(E) for a conference with legal counsel since, under existing facts and circumstances a threat of litigation against the county has been made outside an open session.

           County Counsel stated that there was a motion by Supervisor Finigan and seconded by Supervisor Sullivan to approve the initiation of litigation with several other Plaintiffs to set aside the adoption of a Motor Use Vehicle Map which was adopted by the Six Rivers National Forest, which the Board believes was without appropriate compliance with Forest Service policies and the National Environmental Policy Act

 

Motion:    Move to approve

Move:       David Finigan

Second:    Michael Sullivan

 

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

Vote Nay:   1        Martha McClure

·        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: A motion was made by Supervisor Finigan, seconded by Supervisor Sullivan, and unanimously passed to add to the closed session agenda a matter that came to the attention of the county after the posting of the agenda and that there is an immediate need for action. The matter proposed to be added is pursuant to Govt' Code section 54956.9(b)(3)(E) for a conference with legal counsel since, under existing facts and circumstances a threat of litigation against the county has been made outside an open session.

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 traveling to Sacramento and testifying on legislation regarding the Airport JPA, traveling to Sacramento a week later regarding the same issue, attending a ribbon cutting at the Totem Villa, attending a CASA fundraising event, attending a CASA Board meeting, traveling to RCRC in Sacramento and commented on the following bills and issues: AB32, cap and trade issues, AB375 regarding greenhouse gas, air toxic control measures, the Williamson Act, the National Broadband Plan, SB1040, SB 1130 regarding the Prison Industry Authority that did get passed but has been severely amended, SB 1174, reauthorization for Secure Rural Schools, Federal Bill HR 2454, AB 2003, and AB 1953.  He also reported on attending a Border Coast Airport Authority meeting in which they chose the preferred alternative, attending a Law Enforcement meeting, attending the Yurok Fisheries Workshop in Klamath, CASA Board meeting, and participated in an interview with Channel 3 News regarding the Klamath Dam Removal.

Supervisor McClure reported on attending an Automation/Information meeting, attending a Solid Waste Management Authority meeting, participating in her first Senior Center Board meeting, attending a Healthy Workforce meeting, meeting with Community Development regarding RAC monies for some of our back country roads, meeting with the Historical Society regarding the repair of the lighthouse, publicaly expressed sorrow for the Tolowas regarding the vandalism that happened at the gravesites, participated in Redwood Parks Association meeting, participating in a 7 hour workshop with Tom Owen regarding the bill of rights, and reading a book for the Week of the Young Child.

Supervisor McNamer reported on attending a Solid Waste Management Authority meeting, commented on the Earth/Arts Day Festival, met with Jim Barnts regarding the Social Services building, attending a CMSP meeting in Sacramento regarding AB1602 and SB900, attending a Future Facilities regarding fishing access, attending a LAFCO meeting regarding the sphere of influence, commented on Totem Villa and need for other apartment complexes to do the same, and attending a Future Facilities presentation from Allen Winogradov regarding the County's communication tower.

Supervisor Sullivan commented on the vandalism at Tolowa cemetery, attending a 2x2 with the State Parks regarding a Public Hearing on the Mill Creek General Plan Amendment as well as the College of the Redwoods having curriculum in our county for Rangers, attending a law enforcement meeting in Smith River regarding Neighborhood Watch, formally requested to have a traffic calming study for a 3 way stop at Fred Haight Drive and Wilson Lane, meeting with Supervisor Hemmingsen, the Forest Service, and a Federal Mediator regarding the Tribal Management Plan, attending a 2x2 meeting with Smith River Rancheria, commented on an upcoming trip to Sacramento regarding the Prison Industry Authority, SB 1130, and SB 1771, participated in a conference call with the Forest Service regarding the Planning Rule, attending the Farm Bureau dinner, attending a Chamber Board meeting, and attending the Ducks Unlimited Dinner.

Supervisor Hemmingsen reported on attending 2x2 with the State and National Parks, attending a Healthy Workforce meeting, attending a Pelican Bay Citizens Advisory Committee meeting, attending a meeting with Supervisor Sullivan regarding the Motor Vehicle Use Map and the Travel Management Plan, meeting with the Barnts family regarding the Social Services Building, attending a 2x2 with the Smith River Rancheria regarding a requested letter of support for reclassification of the Tolowa Dunes regarding duck hunting, attending a Future Facilities meeting regarding fishing access and the new tower, attending an RCD meeting, participating in agenda review, attending a NORTEC, attending a Farm Bureau dinner, attending an Airport JPA Authority meeting, attending the Yurok Fish Harvest meeting, participating in a conference call with staff at Smith River Rancheria, and attending a LAFCO meeting.

 

2.     10:20 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, of Zack Larson & Associates regarding the Greenlife Protection Act..

3.     10:30 Receive a report from Community Development regarding Hobbs Wall and take action as necessary.   Document

Action: A report was given by Art Reeve, County Engineer.

The Board directed staff to bring this item back to the Board with information regarding other funding sources, a time line, the overall plan for the project, and costs.

4.     10:40 A.M. Participate in a workshop with the Yurok Tribe regarding legislation and take action as necessary.**   Document

Action: The Yurok Tribe gave a presentation to the Board.

The Board suggested that we secure an MOU with the Yurok Tribe as soon as possible.

On a motion by Supervisor Finigan, and seconded by Supervisor McClure, the Board approved a letter regarding their support of the Yurok Tribe.

 

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

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 McNamer and seconded by Supervisor Sullivan, the Board approved the Consent Agenda (Items 5-17).

 

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

5.     Approve a proclamation in honor of National Emergency Medical Services Week.**   Document

Action: Approved

6.     Approve the Minutes from the March 2, 2010 Board of Supervisors meeting.**   Document

Action: Approved

7.     Approve the Minutes from the March 23rd Board of Supervisors meeting.**   Document

Action: Approved

8.     Approve the appointments to the Skate Park Advisory Committee.**   Document

Action: Approved

9.     Appoint Joey Young, Personnel/Risk Manager as the Del Norte County representative to the Trindel Board of Directors as requested by the County Administrative Officer.**   Document

Action: Approved

10. Appoint Joey Young, Personnel/Risk Manager as the Del Norte County representative to the CSAC Excess Insurance Authority (CSAC-EIA) Board of Directors as requested by the County Administrative Officer.**   Document

Action: Approved

11. Approve and authorize the Chair to sign a letter to Dr. Rollin Richmond, President of Humboldt State University regarding the proposal to eliminate their Nursing Program as requested by the Director of Health and Human Services.**   Document

Action: Approved

12. Approve and authorize the Chair to sign the First Amendment to Agreement No. 2010-029 with American Red Cross Del Norte County Chapter (ARCDN) for emergency preparedness equipment, supplies and training for the period February 1, 2010 to June 30, 2010 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-049)

13. Approve and authorize the Chair to sign the Interagency Agreement for the Children's Medical Services Plan for Del Norte County which includes the Child Health and Disability Prevention (CHDP) Certification, California Children's Services (CCS) Certification, and Health Care Program for Children in Foster Care (HCPCFC) Certification for Fiscal Years 2009 to 2011 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-054)

14. Authorize the Chair to sign the Agreement between the County of Del Norte and Gregory Axtell Consulting for the sale and disposal of surplus County property and electronic waste as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-050)

15. Approve and authorize the County Administrative Officer to sign a Project Agreement with GeoComm Inc. in the amount of $25,160.29 for the implementation of a 911 mobile dispatching system as requested by the Department of Information Technology.**   Document

Action: Approve (DNCO Agreement 2010-051)

16. Approve and authorize the Probation Department to finance award plaques for employees to be presented at the 16th annual LEADN Awards as requested by the Chief Probation Officer.**   Document

Action: Approved

17. Approve the agreement for professional services with MAXIMUS, Inc in the amount of $5,200.00 to provide Comprehensive State Mandate Cost Reimbursement (SB90) services including the preparation of all valid and appropriate SB-90 claims as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-052)

REGULAR ITEMS

GENERAL GOVERNMENT:

18. Authorize the Redwood Chapter of the Audubon Society to seek a Coastal Development Permit for the placement of up to 6 signs on property owned by the County of Del Norte as requested by the Deputy Director of Building and Planning.**   Document

Action: Heidi Kunstal, Deputy Director of Building and Planning, presented the item.

The Board requested more information regarding issues such as placement, policies regarding other non-profit organizations, and means of removal if needed.

No motion was made.

19. Consider the adoption (second reading) of an Ordinance adding Subchapter 14.20 to Chapter 14 of the County Code relating to the implementation of a policy for the recruitment of local workers by contractors who receive county public works contracts and pass to next agenda for possible adoption.   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board adopted an Ordinance adding Subchapter 14.20 to Chapter 14 of the County Code relating to the implementation of a policy for the recruitment of local workers by contractors who receive county public works contracts.

 

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

20. Consider the reintroduction (second reading) of an Ordinance adding Chapter 9.20 to Title 9 of the County Code relating to the implementation for a policy for the prohibition of abusive panhandling and place the ordinance on for hearing at the next meeting of the Board of Supervisors for possible adoption.   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board considered the reintroduction (second reading) of an Ordinance adding Chapter 9.20 to Title 9 of the County Code relating to the implementation for a policy for the prohibition of abusive panhandling and placed the ordinance on for hearing at the next meeting of the Board of Supervisors for possible adoption.

Direction was made to staff to communicate with the City regarding this Ordinance before the next Board of Supervisors meeting.

 

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

21. Consider the re-introduction (second reading) of an Ordinance adding Subchapter 14.30 to Chapter 14 of the County Code relating to the implementation of a policy for providing a preference for small businesses in awarding bids for public contracts and set the Ordinance onto the April 27, 2010 Board of Supervisors' agenda for a second reading for consideration of adoption of the Ordinance as requested by County Counsel.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McNamer, the Board considered the re-introduction (second reading) of an Ordinance adding Subchapter 14.30 to Chapter 14 of the County Code relating to the implementation of a policy for providing a preference for small businesses in awarding bids for public contracts and set the Ordinance onto the April 27, 2010 Board of Supervisors' agenda for a third reading for consideration of adoption of the Ordinance.

 

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

BUDGET TRANSFERS:

Action: ALL BUDGET TRANSFERS WERE TAKEN AS ONE ITEM.

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board approved Budget Transfers (04-05, 04-06, 04-08, 04-09).

 

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

22. Approve a Budget Transfer (04-05) in the amount of 2,800.00 within the Agricultural Department as requested by the Agricultural Commissioner.**   Document

Action: Approved

23. Approve a Budget Transfer (04-06) in the amount of $300.00 within the Sheriff's Budget as requested by the Sheriff-Coroner.**   Document

Action: Approved

24. Approve a Budget Transfer (04-08) in the amount of $4,507.00 within the Probation Department as requested by the Chief Probation Officer.**   Document

Action: Approved

25. Approve a Budget Transfer (04-09) in the amount of $6,600.00 within the Roads Division as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved

LEGISLATIVE AND BUDGET ISSUES:

26. 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: Jay Sarina, County Administrative Officer, commented that there were half a dozen bills that could potentially affect the County. Some of these include PERS reform, and Health Care Reform.

Supervisor Sullivan asked that a letter be sent in support of the continuation of the waiver for Bolman Distributing for the milk distribution contract with Pelican Bay State Prison and that it be addressed to the Prison Industry Authority.

Supervisor McClure asked that an item be placed on the next agenda regarding the illegal breaching of the lake and the ramifications.

Supervisor Finigan asked that thank you letters be sent to the Senate Appropriations Committee regarding SB1040 and that they also include a request for continued support.

County Counsel asked that a letter to the Department of the California Highway Patrol regarding the Combined Use Designation in the Kellogg Beach Area be added to the agenda as an urgency item subsequent to the posting of the agenda.

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

Ayes: Supervisors McNamer, Finigan, Sullivan, Hemmingsen

Noes: Supervisor McClure

On a motion by Supervisor Finigan and seconded by Supervisor Sullivan, the Board agreed to authorize the Chair to sign and send the letter regarding the Combined Use Designation in the Kellogg Beach Area to the California Highway Patrol, with a copy being sent to the State Parks.

 

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

CAPITAL PROJECTS:

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

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

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  April 30, 2010

 

 

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