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, June 22, 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.

 

 

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; Del Norte v. U.S. Forest Service, U.S. District Court, Northern Dist. of Calif # 1:10-cv-02047-NJV; 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. . Public Employee Mental Health Specialist II DISCIPLINE/DISMISSAL/RELEASE (1) ( GC 54954.5 AND 54957).

 

 

 

 

 

 

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 County Administrative Officer Jay Sarina.

Action: Jay Sarina, County Administrative Officer 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.

Jay Sarina, County Administrative Officer, stated that the item regarding the Public Employee Mental Health Specialist II Discipline/Dismissal/Release, was continued in order to have the transcript reviewed.

·        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.

·        No deletions, corrections, or additions 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: McNamer reported on attending a Del Norte Solid Waste meeting, attending graduations, commented on her granddaughter traveling to Washington, attending a Special Session of the Board of Supervisors, commented on Christie Babich's memorial services and commented that there was so much support from the community.

Supervisor McClure reported on attending a RCTA meeting, attending Christie Babich's memorial services, attending a Solid Waste Management meeting, commented on traveling to Alabama, commented that she has been appointed to the Marine Life Protection Act Statewide Interest Group.

Supervisor Finigan commented on participating in a CSAC realignment conference call, attending an Airport Terminal Committee meeting, attending an RCRC meeting in Modoc, commented on the success of AB885, commented on the 2010 California Building Standard Code issue, meeting with First 5, attending Christie Babich's memorial services, attending a CASA Executive Board meeting

Supervisor Sullivan reported on attending a 2x2 meeting with State and National Parks, commented on the election and thanked everyone for their support, attending a PIA meeting in Folsom regarding SB1130, commented on extending an offer to have Secretary Cates visit Pelican Bay, attending an LTCo meeting, attending a RCT meeting, participating in action summary, traveled out of town for Father's Day, and attending the memorial services for Christie Babich.

Supervisor Hemmingsen reported on attending a 2x2 with State and National Parks regarding combined use, attending a Solid Waste Management Authority meeting with regards to concerns of the budget, attending a Pelican Bay Citizen's Advisory meeting, attending an LTCo meeting, attending a Plaque Ceremony for John Alexander for his services as County/Clerk Recorder, attending a LAFCO meeting, attending agenda review, was asked to speak at the Firefighter 1 graduation, attending the Special Session of the Board of Supervisors, attending the memorial services for Christie Babich, and attending the swearing in of Lieutenant Garrett Scott.

 

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 Zack Larson regarding an upcoming MLPA meeting on Friday, June 25 at the Crescent Fire Protection District. Holly Gensaw gave public comment regarding the Boys and Girls Club.

3.     10:35 Receive a presentation by CAPSC regarding the Annual Report.   

Action: Charlie Wick, Chair, gave a presentation on CAPSC.

4.     10:50 A.M. Conduct a Public Hearing for an application for a CDBG grant and adopt the attached Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2010/2011 GENERAL 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.**   Document

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 Sullivan and seconded by Supervisor McClure, the Board conducted a Public Hearing for an application for a CDBG grant and adopted the attached Resolution entitled A RESOLUTION OF THE DEL NORTE COUNTY BOARD OF SUPERVISORS APPROVING AN APPLICATION FOR FUNDING FROM THE 2010/2011 GENERAL 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. (DNCO Resolution 2010-041)

 

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

5.     11:05 A.M. Encourage or direct staff at Animal Control or other relevant County Department to work cooperatively with the Human Society of Del Norte County Board members to eliminate the public health hazard and animal population problem at the subject residence on West Jefferson Street as soon as possible.**   Document

Action: Jennifer Henion of the Humane society presented the item.

After discussion, the Board gave direction to the County Administrative Officer to work together with the Humane Society and the Agricultural Commissioner for ideas and possible solution for this issue.

CONSENT AGENDA

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

Action: Chair Hemmingsen recused himself from Item 19.

On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the Consent Agenda (Items 6 through 31)

 

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

6.     Approve and adopt the Minutes for the April 27, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

7.     Approve and adopt the Minutes for the May 11, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

8.     Approve and adopt the Minutes for the May 25, 2010 Board of Supervisors' meeting.**   Document

Action: Approved

9.     Approve a RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF DEL NORTE DECLARING THAT IT WILL NOT ISSUE TAX AND REVENUE ANTICIPATION NOTES ON BEHALF OF DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT SO THAT DISTRICT CAN PROCEED TO ISSUE ITS NOTE IN ITS OWN NAME IN CONNECTION WITH A POOLED NOTE PROGRAM   Document

Action: Approved (DNCO Resolution 2010-042)

10. Approve and authorize the Chair to sign the Agreement with Crestwood Behavioral Health, Inc. (CBH), Sacramento, CA to provide long-term psychiatric placement for severely mentally disordered adults for the period of July 1, 2010 through June 30, 2011 as requested by the Director of Health and Human Services.**   

Action: Approved

11. Approve and adopt the Local Agency DBE Annual Submittal form for FFY 2010/2011 as requested by the Assistant Engineer.**   Document

Action: Approved

12. Approve and authorize the Chair to sign the Amendment to the Agreement with Skyway House for adult residential treatment of alcohol and other drug abuse from July 1, 2009 through June 30, 2010, not to exceed $58,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-086)

13. Approve and authorize the Chair to sign the renewal of the Residential Lease Agreement with Lehman Property Management for a home located in Crescent City, CA for the period July 1, 2010 to June 30, 2011, for an amount not to exceed $14,400.00 per year as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-087)

14. Approve and authorize the  Chair to sign an Agreement with Humboldt County Department of Health and Human Services, Public Guardian Division for Conservatorship services not to exceed $45,000.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-088)

15. Approve and authorize the Chair to sign the Residential Lease Agreement with Lehman Property Management for a home located in Crescent City, CA for the period of July 1, 2010 through June 30, 2011, for an amount not to exceed $16,800.00 per year as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-089)

16. Approve and authorize the Chair to sign the attached Resolution approving the increase to the Department of Health and Human Services (DHHS), Mental Health Branch Short-Doyle/Medi-Cal Service Rate Schedule as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Resolution 2010-043)

17. Approve and authorize the Chair to sign the Memorandum of Agreement between the Sacramento County Department of Human Assistance and the Del Norte County Department of Health and Human Services for the Cash Assistance Program for Immigrants for the period July 1, 2010 to June 30, 2015 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-090)

18. Approve the Agreement with VSS Emultech for asphalt oil supply as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2010-091)

19. Approve the Agreement with Granite Construction Company to supply road materials and authorize the Chairman of the Board to sign it as requested by the Deputy Director of Engineering and Roads.**   Document

Action: Approved (DNCO Agreement 2010-092)

20. Approve and authorize the Chair to sign the attached Letter of Intent in accordance with Welfare and Institutions Code Section 18962 (a)(2) to allow for the extension of the current Child Abuse Prevention Plan (CAPP) as requested by the Director of Health and Human Services.**   Document

Action: Approved

21. Approve and authorize the Chair to sign the Agreement with Helios Healthcare, LLC (Helios) located in Sacramento, CA to provide community residential treatment services for severely mentally disordered adults for the period July 1, 2010 through June 30, 2011, not to exceed $66,065.00 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-093)

22. Approve an annual salary step increase within the corresponding salary range for Debbie Mayhue, Director of Child Support Services, effective for the period of December 12, 2009 to January 2, 2010 as requested by the County Administrative Officer.**   Document

Action: Approved

23. Approve and authorize the Chair to sign the Agreement between the County of Del Norte and Tim Nicely M.D. and Howard Croy, PA-C, and authorize the Chair to sign the agreement as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-094)

24. Determine the personal property listed in the attached inventory is no longer required for public use, and direct staff to proceed with the sale or disposal of surplus property per Title 2.33 of Del Norte County Code and consistent with Government Code Sections 25504, 25506, 25507 as requested by the County Administrative Officer.**   Document

Action: Approved

25. Approve and authorize the Chair to sign the Contract between the County of Del Norte and Jim Phillips Nursing, Inc. as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-095)

26. Approve the contract with SHN Consulting Engineers an d Geologists, Inc. in the amount not to exceed One Hundred Ninety Thousand dollars ($190,000.00) to provide permit and environmental services for the Townsite Boat Launch repair project, and authorize the Chair to sign the attached contract as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-096)

27. Approve the Agreement with APPLY-A-LINE, INC. to strip and letter various county roads and install reflective markers as directed by the Road Superintendent and authorize the Chairman of the Board to sign it as requested by the Deputy Director.**   Document

Action: Approved (DNCO Agreement 2010-098)

28. Approve and authorize the Chair to sign a Memorandum of Understanding (MOU) between the Superior Court of California/County of Del Norte and the County of Del Norte for Services 2009-2011 as requested by the County Administrative Officer.**   Document

Action: Approved (DNCO Agreement 2010-099

29. Approve and adopt the Statement of Votes cast at the June 8, 2010 Statewide Direct Primary Election and a copy be lodged in the Office of the County Clerk.**   Document

Action: Approved

30. Approve and authorize the Chair to sign an Agreement with Sandra Morrison, dba Humboldt Addictions Services Program (HASP) for drinking driver treatment program services from July 1, 2010 through June 30, 2011 as requested by the Director of Health and Human Services.**   Document

Action: Approved (DNCO Agreement 2010-097)

31. Approve and authorize the Chair to sign the Agreement with State of California Department of Public Health for costs associated with the administration of the AIDS Drug Assistance Program (ADAP) enrollment process 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 2010-100)

REGULAR ITEMS

GENERAL GOVERNMENT:

32. Discuss and take possible action on a request from the City of Crescent City and the Del Norte County Visitor's Bureau for $65,000.00 for Fiscal Year 2010-11.**   Document

Action: On a motion by Supervisor Sullivan and seconded by Supervisor McClure, the Board approved the request from the City of Crescent City and the Del Norte County Visitor's Bureau for $65,000.00 for Fiscal Year 2010-11.

 

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

33. Discuss and take action as necessary and adopt the proposed Special Aviation budget, 433-434, for 2010/11 as requested by the Airport Director.**   Document

Action: Jim Bernard, Airport Director, presented this item.

On a motion by Supervisor Sullivan and seconded by Supervisor Finigan, the Board approved and adopted the proposed Special Aviation budget, 433-434, for 2010/11.

 

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

34. Consider and review the proposed BCRAA budget for 2010/11 as requested by the Airport Director.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McNamer, the Board reviewed and approved the proposed BCRAA budget for 2010/11

 

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

35. Consideration of possible action of filling the vacant position of Auditor/Controller.**   

Action: After discussion by the Board, direction was given to the County Administrative Officer to look into possible options of filling this vacant position and to come back to the Board at a later meeting.

LAND USE:

36. Approve the Highway Easement Deed from the Federal Highway Administration (FHWA) for California Forest Highway Route 112 and authorize the Chairman of the Board to sign the acceptance on behalf of the County as requested by the Deputy Director of Roads and Engineering .**   Document

Action: On a motion by Supervisor Finigan, and seconded by Supervisor McClure, the Board approved the Highway Easement Deed from the Federal Highway Administration (FHWA) for California Forest Highway Route 112 and authorize the Chairman of the Board to sign the acceptance on behalf of the County.

 

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:

37. Approve the Claim for Damage as requested and Approve a Budget Transfer in the amount of $2,009.00 within the Planning Division for the purpose of refunding cost associated with the preparation of a development application to a private citizen as requested by the Deputy Director of Building and Planning.**   Document

Action: On a motion by Supervisor Finigan and seconded by Supervisor McClure, the Board approved the Claim for Damage as requested and Approved a Budget Transfer in the amount of $2,009.00 within the Planning Division for the purpose of refunding cost associated with the preparation of a development application to a private citizen.

 

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

LEGISLATIVE AND BUDGET ISSUES:

38. 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 Sullivan asked that the support letter for SB1130 be amended.

 

39. Consider a report on the status of the ongoing proposed budget process. Information only.   

Action: Jay Sarina, County Administrative Officer, requested that the Board hold a Special Session on June 29, 2010 for the recommended budget.

The Board set the Special Session for June 29, 2010 at 8:30 A.M.

CAPITAL PROJECTS:

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

Action: Jay Sarina gave an update on Capital Projects. Information Only.

ADJOURNMENT

 

 

 

Jeremi Ruiz, Clerk of the Board

County of Del Norte, State of California              Date Posted:  June 25, 2010

 

 

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